200,000 f light delay victims could get £500
FIVE major airlines have been accused of dodging compensation payments for more than 200,000 passengers who are delayed on their flights every year.
The companies are said to be using a legal loophole to avoid paying £509 when customers are delayed on certain flights.
But the UK aviation regulator has now begun legal action against American Airlines, Emirates, Etihad Airways, Singapore Airlines and Turkish Airlines.
The Civil Aviation Authority found that these five airlines, out of 31 it investigated, are ‘breaching consumer law’. Under EU law passengers are entitled to up to £509 if they arrive at their destination more than three hours late – as long as the delay is within the airline’s control.
The five firms wriggle out of the payments by treating connecting journeys as two separate flights rather than just one.
They argue that if the second flight takes off outside the EU the law does not apply.
For example, holidaymakers who travel to Australia via Bangkok, Dubai, Hong Kong or Singapore could be missing out.
The CAA says it should not matter which leg of the journey was delayed. The law states that if a passenger has booked one ticket with an airline and arrives at the last airport named on that ticket more than three hours late, they can claim money back.
Richard Moriarty, director of consumers and markets at the CAA, said: ‘There are clear laws in place to make sure passengers that experience this type of disruption are looked after by their airline and compensated.
‘So it’s disappointing to see a small number of airlines continuing to let a number of their passengers down by refusing to pay them the compensation they are entitled to. When we see evidence of passengers systematically being denied their rights, we will not hesitate to take the necessary action to ensure airlines change their policies.’
Kevin Clarke, of law firm Bott & Co, added: ‘The argument around missing connecting flights outside the EU is one that has been held in various courtrooms over the last few years with a number of conflicting decisions.
‘We have always been of the opinion that the law is very clear on this point and it is pleasing that the CAA are finally joining the fight to stand up for passengers on this argument.’ He added: ‘ The Court of Appeal is expected to rule on a case this summer to give yet more clarity on this issue.’
A spokesman for Emirates said it ‘takes all customer complaints involving flight delays very seriously and adheres closely to all regulations as set by the relevant authorities in the UAE, where we are based’.
An Etihad Airways spokesman said: ‘We find the CAA’s approach wholly unprofessional and unacceptable to publicly blame Etihad Airways for infringements to passengers’ rights which we unreservedly deny.’