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TUI, BA and easyJet face flood of compensation claims

TUI Travel, British Airways and easyJet could be forced to pay passengers millions of pounds after losing a two year legal battle to overthrow a European law that states they must pay passengers for long delays.

As expected, the European Court of Justice today upheld the law in a ruling which will open the floodgates to claims that have been on hold for years.

The ruling by the ECJ, which is the highest court in Europe, confirms that air passengers are entitled to up to €600 (£480) compensation if they arrive at their destination three hours or longer after the scheduled arrival time.

It dismissed an application by the airlines to limit claims for delays that occurred prior to today's hearing, which means passengers can now claim compensation retrospectively. Flight-delayed.co.uk, a website that assists passengers making claims, estimated claims worth up to €90m were outstanding.

However, the ruling confirmed that airlines don't have to compensate passengers if they can prove the delay was caused by extraordinary circumstances which couldn't have been avoided even if all reasonable measures had been taken. This includes wild-cat strikes and bad weather.

The two airlines and TUI, backed by airline association IATA, had argued that the Civil Aviation Authority in the UK was wrong to force them to pay passengers on delayed flights the same compensation as passengers whose flights had been cancelled. The CAA referred the matter to the High Court which sought clarification from the ECJ.

The ECJ said that as passengers whose flights are cancelled are entitled to compensation where their loss of time is equal to or in excess of three hours, passengers whose flights are delayed may also rely on that right where, on account of a delay to their flight, they suffer the same loss of time.

The Court also found that the requirement to compensate passengers for long delays was compatible with the Montreal Convention and that the obligation was compatible with the principle of legal certainty according to which passengers and airlines must know precisely the respective scope of their rights and obligations.

Finally, it ruled that the compensation laid down by the EU was not excessive as it only applies to long delays and airlines don't have to pay for delays caused by matters beyond their control.

Flight-delayed.co.uk said it did not expect the ruling would make it any easier for passengers to get money from the airlines when their flights are delayed.. "European judges decide over and over again in favour of air passengers. Nonetheless, receiving compensation remains a hassle," it said. "This probably will not change even after the verdict."

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Very fast and professional, got my claim just over a month but then again the airline did tell us we can claim and gave us leaflets.

Really simple to use, and didn't take very long for my claim to be processed.

I wasn't very optimistic about using this service, but the from the outset the communication was excellent and the instructions were clear. The claim is all handled via email and the online service portal. The team are very quick to answer any questions you have while the airline is assessing your claim. In my case, I was awarded 225 Euros compensation, better than nothing and so glad I took the time and effort to get this money back! Thank you Flight-Delayed for your fantastic service.

Very good service claiming a compensate after a long delay from airline and we got the out compensate. Thank you very much ...

Successful claim against Jet 2 ! Took a while (4yrs) but glad to finally won !!

This company provide a very fast and efficient service with no fuss and they took a fair amount of commission with no extra hidden charges. Extremely pleased with them.

i have had great help with the flight delayed trip thankyou very much to u and team

Very good Service for claming Money from Airline companies if you had a Problem like more than 3hrs delay, cancellations without reason. For my case, Airline rejected my Claim via customer Service but after i used this site it took only 4 weeks from Claim to confirmation for compensation. it's very easy to fill out the form to Claim and they answer/help right away. you should try with this even though Airline already refused to pay you with several reason.

It's taken 12 months to extract compensation from Ryanair, purely down to the pathetic customer service on the part of the Irish Airline. Will never use them again as they use every tactic in the book not to pay out, and even though they have now settled conversation rate 1.40, as opposed to commercial rate of 1,31. Many thanks to Flight-Delayed for their excellent support. Well worth 25% cut to get justice done. Highly recommended.

Just over three hours delay last year to Crete contacted this company, they sorted the claim and with in a few weeks Monet transferred into my account. fantastic service. Thank you

Didn't expect result But cash son it's way to.me. Thank you. Great company

What an excellent service , after trying for almost a year to claim compensation for a 5 hour delay in which we were kept inside the cabin with nothing to eat or drink i contacted this company and within 6 weeks I have recieved full compensation minus their 25% which I am happy to pay as I had given up. thanks again to the staff for all your communication and work to complete this. cannot recommend you enough

Just got our cempensation thanks to the team at flight delay very easy process, kept informed as to how the claim was going

Very good service to use for claiming money from the airline companies due to a long delays or cancellations for no reason or no explanation! I had no idea it is even possible, but I filled their forms and did not need to pay a thing for it. They claimed 800 euros for 2 passengers and all they took was their commission fee from the claimed price for their work which is the way it should be. They managed to get the money within a month or so.

My plane was delayed for over seven hours on a UK flight from Newquay to Manchester. I contacted Flight Delay and they quickly completed my claim without any fuss. I have received £195.62 minus a 25% charge, I actually received £145.07. All this took approx 5 weeks from beginning of claim to having payment into bank. HIGHLY RECOMMEND and thank you flight-delayed

Ryanair left us delayed at Knock Airport for over 4 hours. Not just inconvenient but annoyingly cost us an extra £23 airport parking which we could not reclaim. Although not a "serial complainer", saw the Flight Delayed Website and thought "why not?". So glad I did. Efficient and professional organisation that made it an easy process resulting in €300 for us and €100 for them and a "heads up" for Ryanair. Perfect.

What a nice surprise, cheque for delayed flight dropped through the letterbox. Asked flight delayed to do the work for me and a few emails and a few months later I received the cheque for over £600. Minus their 25% which I do not begrudge as if they hadn't done the work for me I would never have got anything. Also thanks to Martin Lewis for making me aware I could claim. Thanks delayed flights I will certainly recommend you.

Very helpful, I got a lot back. I also hope anybody who ever got flight delayed, don't lose your right! It didn't take me a lot of effort to submit the materials, they can help you.

Great service, very easy process and friendly team to deal with - answered questions quickly and through the online tool I was able to track the progress of our claim. Everything has been handled really well and I would happily recommend the Flight-Delayed team to help you with your claim.

My plane was over three hours late getting back to Manchester due to delays. I contacted Flight Delay and they got me £199 (minus 25% for their fee) for the delay. It took less than an hours work from me to fill out a form and give them my power of attorney. Six weeks later it was all sorted. Highly recommended!


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563,267 USERS PRECEDED YOU
563,267 USERS PRECEDED YOU
AVAILABLE IN 8 LANGUAGES
AVAILABLE IN 8 LANGUAGES
AVERAGE COMPENSATION AMOUNT €943
AVERAGE COMPENSATION AMOUNT €943
HIGHEST AMOUNT PAID FOR SINGLE CLAIM €15,200
HIGHEST AMOUNT PAID FOR SINGLE CLAIM €15,200
CLAIMS WITH OVER 100 AIRLINES
CLAIMS WITH OVER 100 AIRLINES
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SERVICE: 9.4 OUT OF 10

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