Court ruling ‘opens up’ delay claims
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The Court of Appeal has dismissed a claim appeal from Jet2 which could result in more air passengers putting forward compensation claims for flight delays.
The Leeds-based carrier lost an appeal this morning meaning it must compensate passenger Ron Huzar for a 27-hour delay caused by a technical fault from a flight in October 2011.
Jet2 had argued a wiring fault as ‘extraordinary circumstance’ as it was unforeseen and while the High Court acknowledged the situation could not have been predicted it ruled technical failures are ‘normal exercise’ for airlines and ‘therefore not extraordinary’.
Under EU261/2004 regulation airlines must compensate passengers from two hours onwards with the terms varying depending on the length of the delay.
Solicitors Bott & Co that represented Huzar at the Court of Appeal said in a statement: “The Judgment in this case is binding on all County Courts in England and Wales and it therefore opens the floodgates for passengers to finally recover compensation if their flight has been cancelled or delayed due to technical problems – at least in the vast majority of cases.”
The European Court of Justice (ECJ) had previously ruled technical defect delays as part of airline activity.
Jet2 said it will take the case to the Supreme Court.
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