After years and years of fighting against the previous rulings the ECJ held that unexpected technical problems can no longer count as an “extraordinary circumstance”, opening the door to claims of up to €600 (£437) a head.
The airlines have sought to reinvent the cause of a delay due to the cost. It will run in to the millions as the regulation payout can sometimes exceed the cost of the fare. For example, if you have been delayed within the EU you will be entitled to €250, whereas long-haul qualify for £600 if the delay is more than 4 hours.
WHEN CAN YOU CLAIM?
You can claim if an airline could reasonably have foreseen and prevented the cause of the delay. These include the following
- Technical problems
- Airline strikes and knock on effects
- Poor timing of flight and turn-around times
- Inadequate official paperwork required before a flight can depart
- You cannot claim if the delay is classed as an “extraordinary circumstance” – beyond an airline’s control – including:
- Air traffic control strike action
- weather conditions
- Manufacturing defects
- Unexpected damage to aircraft