As schools get ready to break up for the summer and you start packing your suitcase ready for a fun packed fortnight in Benidorm, it’s worth familarising yourself with a recent Court of Appeal decision.
In the case of Huzar v Jet2.com, the Court of Appeal held that the airline, Jet2.com, was liable for a “technical fault” and Mr Huzar was entitled to compensation for his delayed flight.
Mr Huzar originally brought the claim against Jet2.com when they refused his request for compensation when his flight from Malaga was delayed by 27 hours. Under European Regulations, any passenger who is delayed by more than 3 hours is entitled to receive compensation of up to €600 from the airline. However airlines do not have to pay if there are “exceptional circumstances”. Jet2 argued that they were not liable to pay as the delay was due to a technical fault with the plane and that amounted to “exceptional circumstances”. Many airlines reject compensation claims on this basis.
The Court of Appeal however ruled that technical faults are inherent in the normal activity of an airline and therefore do not constitute “exceptional circumstances”. Mr Huzar was awarded compensation of £526.
This may provide you with some comfort when faced with that all too familiar flashing notice board indicating FLIGHT DELAYED, now where did I put my passport....
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