Published on : Friday, June 13, 2014
The UK Civil Aviation Authority (CAA) is advising passengers of changes to their rights to compensation for delayed and cancelled flights, following a ruling in the Jet2 v Huzar case at the Court of Appeal yesterday .
The Court of Appeal’s ruling confirmed that normal technical problems that cause flight disruption such as component failure and general wear and tear should not be considered “extraordinary circumstances”. This means that from now on, airlines can only cite technical faults as a reason for not paying compensation if the fault was originally caused by an event that was “out of the ordinary”. Standard technical faults such as a part on the aircraft failing before departure, will generally not be considered extraordinary circumstances.
The ruling came in to effect yesterday so airlines should base any decisions on new compensation claims on the court’s decision. The ruling does not affect claims that airlines rejected prior to Wednesday 11 June, so it is unlikely that airlines will re-visit previously rejected claims.
There are also likely to be further developments on the issue, with Jet2 confirming it will appeal the decision. This may mean airlines delay processing new claims involving technical faults until the outcome of the appeal. However, if the Court of Appeal’s decision stands, it will mean a large increase in the number of passengers entitled to compensation for delayed and cancelled flights.
The CAA will contact passengers who have previously sought its help to provide advice on the matter, and further information will also be available from www.caa.co.uk/passengers. The CAA will also provide guidance on the judgment to airlines.
Tags: Airline News, CAA issues advice to air passengers following Jet2 v Huzar Court of Appeal ruling
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