Flight cancellations and delays have wreaked havoc at airports worldwide this August.
Just last week, irate easyJet passengers experienced lengthy delays to and from Portugal due to significant industrial action. Days later, over 30 flights were cancelled at Japan’s New Chitose Airport after a pair of scissors ‘went missing’.
While normal service has resumed at both airports, you might be asking: am I eligible for compensation?
‘Steve’, a reader of Martin Lewis’ Money Saving Expert (MSE) newsletter, recently received a hefty payout of over £1,000 while stranded in Miami.
He attributed his successful compensation claim to the financial expert’s advice, securing a whopping £1,040. In this week’s MSE, he said: “We were due to fly from Miami to London but got a text on the way to the airport cancelling the flight.
“We put a claim in but got denied twice on the grounds of ‘aircraft damage’. After a bit of hunting around, we found a legal test case which contradicted the airline’s position.
“After seeing that, it had no choice and paid out in full, totalling £1,040.”
(Image: SWNS)
A ‘legal test case’ often refers to actions ‘brought with the intention of challenging or receiving clarification on a present law’, according to Cornell Law School. Not only do these cases affect the people involved, but generally have a wider public interest too, as their outcome reflects official procedure.
Therefore, when Steve seemingly showed his airline an example test case regarding flight cancellation compensation, it may have shown them what could have occurred if they disputed his claim.
However, before passengers jump to this option, it’s important to assess your eligibility first. And that starts with the destination you’re flying from or arriving at, MSE’s compensation guide warns.
If you’re flying from a UK or EU airport, or if you’re onboard a UK or EU-based airline arriving in these zones, you’ll be entitled to a refund or alternative flight. This is also the case if you’ve booked through a travel agency or tour operator.
However, any flight operator or airport outside of the EU may have different regulations.
Notably, passengers are only entitled to compensation on top of this refund or alternative flight in certain situations. For instance, if the flight was cancelled less than two weeks before take-off, if staff strikes occur, or if it’s the airline’s fault, you may have a case on your hands.
But stormy weather, political issues, volcanic eruptions and security concerns aren’t grounds for compensation. So, it’s potentially bad news for anyone affected by security’s missing scissor problem in Japan, but possibly good news for anyone impacted by the Portugal staff strike, MSE suggests.
To then make a claim, you can use the Resolver tool, displayed on MSE or contact an airline directly, with each hosting different procedures for flight cancellation reimbursements.
If you’re struggling, it may then be the right time to browse for test case examples or even take on a lawsuit of your own. As a ‘last resort’ option, MSE recommends Bott&Co for this – a firm that’s been at the centre of UK airline cases.
For more information read MSE’s compensation guide.
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