Help my airline has refused to pay compensation!
Date: 28 Nov 23
Encountering a flight disruption is vexing enough, but the added frustration of an airline withholding owed compensation can truly test your patience.
Within the realm of air passenger laws, compensation is mandated for specific flight disruptions. However, this information is not broadcast widely, and a mere fraction, less than 2%, of passengers actually claim what is rightfully theirs.
For those daring to claim compensation, there's a hurdle: the notion of "extraordinary circumstances" that may lead to your claim being refused.
In the legal world of airline compensation, hope is not lost if you find yourself being refused compensation for a delayed or cancelled flight there are avenues to explore.
Unveiling the Reasons Behind Your Flight Disruption
When your compensation claim faces rejection, the airline ought to provide a rationale. Typically, it cites "extraordinary circumstances" as the culprit - events beyond their control.
"Extraordinary circumstances" can indeed be valid, such as instances of strikes, severe weather or political unrest. Yet, there's a catch; airlines might label disruptions as such when preventive measures were feasible. It's imperative to uncover the precise cause, beyond a generic attribution to forces "beyond our control."
So what do you do? Persistence is key. Contact the airline until a more specific reason surfaces. Check other flights that arrived/departed on that day, check the weather online and gather your evidence. Staff shortages are not an extraordinary circumstance and neither is a late incoming flight or a broken plane.
Deciphering Airline Passenger Laws
Once armed with the specific cause of the flight disruption, the subsequent step is to scrutinise the relevant laws at your departure or arrival location. Given the variance in airline passenger laws across continents, this is a crucial undertaking.
It's worth noting that residency is not a prerequisite for eligibility under local laws. Merely traversing the airspace is sufficient. For instance, flying from Madrid to London doesn't disqualify you from claiming flight delay compensation in Spain, despite not being Spanish.
If your journey involves Europe, your entitlement to compensation for flight disruptions is more extensive. The breakdown is as follows:
In Europe, compensation is warranted for flights overbooked, delayed, or canceled if they result in an arrival delay exceeding three hours. Exceptions include disruptions caused by extraordinary circumstances or cancellations notified at least 14 days before the scheduled flight.
Challenging a Wrongful Denial: Strategies for Resolution
If you believe the airline owed you compensation, consider the following actions:
Legal Action Against the Airline
Taking the airline to court becomes a viable option if compensation is denied. Specialised lawyers versed in air passenger rights can be invaluable allies. Winning your compensation could also establish a precedent benefiting other air travelers. You can also take them to the small claims court - a recent news article where Wizz Air almost had a plan taken by bailiffs was undertaken through the small claims court and a high court injunction.
Delegate to Flight Delay Claim
For those daunted by the prospect of solo legal battles, we offer an alternative. Let us manage the claims process and, in case of denial, let us pursue legal action on your behalf. The unique aspect: Our fees are contingent on your success, ensuring no loss on your part.
When engaging Flight Delay Claim, Make sure you keep all of your booking references, receipts, expenses and interactions with airline staff. Knowledge is power, and in this instance, it strengthens your pursuit of rightful compensation.
WE HAVE WON £1000's for passengers that have previously been denied compensation from the airline.
Don't Overlook Past Flights
If, after exhausting these avenues, compensation remains elusive, bear in mind that airlines are obligated to pay compensation for eligible flights dating back up to six years.
This implies potentially reclaiming compensation for past flight disruptions you might have forgotten about. It might not be too late to claim compensation for them! So dig out those old bookings and let us check if you have a claim.
Persevere in Advocating for Your Rights
Air passenger laws undergo constant evolution, underscoring the need to persist in advocating for your rights. Remember, the acquisition of a plane ticket constitutes a contractual agreement with the airline, obligating them to provide the service for which you've paid AND to pay you compensation.
Thus, the next time you find yourself stranded at the gate for over 3 hours remember the airline has a duty of care to get you to your destination and pay you compensation.