READY FOR . . . RIP-OFF Claims firms are swooping on delayed passengers at airports – and flying off with a fat fee for a service available FREE
VULTURE claims firms are circling holidaymakers at arrival gates in a bid to snatch a slice of compensation for flight delays. Those who fall prey could lose hundreds of pounds despite being able to claim what they are owed for free.
Passengers are entitled to statutory compensation of up to €600 (£530) if their plane lands more than three hours late. They can easily make the claim themselves for free via the airline. But claims firms have spotted a juicy opportunity by doing the chasing on their behalf.
The agents catch weary passengers on their way through arrivals halls – and encourage them to complete forms on the spot, which they then take to the airlines. Claims firms take a big chunk of any payout – sometimes 40 per cent or more.
The official compensation ranges from €250 (£220) to €600 per passenger depending on the length of delay and the distance flown. A family of four entitled to a total of €1,000 in compensation would lose at least €300 in agents’ commission.
The claims agents flock around airport arrival halls at holiday destinations such as Barcelona and Malaga in Spain, and swoop when they learn that flights are more than three hours delayed.
Martyn James of free online complaints service Resolver says the scourge has been on the rise in the past 18 months as agents hunt for alternatives to payment protection insurance (PPI) claims, which are expected to dry up in advance of next year’s final deadline to claim.
He says: ‘They loiter at the airports near popular resorts using flight tracker apps on their laptops or phones to spot delays. It is easy pickings and there is not much work involved. They are unregulated, so anyone can set themselves up as a claims firm.’
Aggressive marketing online is also luring unsuspecting travellers into using claims agencies.
The problem is aggravated by the failure of many airlines to inform passengers of their entitlement to apply for compensation direct – or how to start the process. Travellers often leave the plane oblivious to the fact that they are owed money for the disruption to their trip.
The rules apply to those flying from a European Union airport on any airline, and those arriving at an EU airport on an EU airline. Iceland, Norway and Switzerland, as part of the European Free Trade Association, are treated as EU countries for this.
Food, drink, free phone calls and emails must also be offered to passengers on any flight delayed by two hours or more. For those stranded overnight, hotels must also be provided.
Passengers whose flights are cancelled should be booked on other flights and compensated for the resulting delay in their arrival, or given a full refund.
However, airlines do not have to pay out if the delay is due to ‘extraordinary circumstances’, such as dangerous weather conditions, air traffic control delays, industrial action or sabotage of the plane. Technical faults used to be a valid excuse for airlines, but court cases led to a change, and delays for this reason must now be compensated.
European courts recently ruled that if passengers are delayed for more than three hours as a result of a connection delay on an EU airline, they can claim compensation even if the delay occurred on the part of the journey that is outside the EU.
Claims can be made for up to six years after the event.
To avoid missing out on full compensation either make a claim direct to the airline or use a free service such as Resolver.
If a claim is rejected, it is possible to take the case further through an airline or airport dispute resolution service. Find
details of the relevant service at the Civil Aviation Authority at caa. co.uk. For complicated claims consider a specialist lawyer. One firm with a good track record is Bott & Co. If it wins the case the fee is 30 per cent of the compensation plus £25 a person. Alternatively, there is the small claims court. Make a claim using the Government online court Money Claim Online.
NOT EVERYONE IS EQUAL
HOLIDAYMAKERS travelling with a non-EU airline flying from a nonEU destination (such as with United Airlines from Orlando) do not enjoy the same support. The airline is not legally obliged to offer any cash sums for such delays.
But check an airline’s own conditions of carriage as it may have arrangements for compensation.
INSURANCE MAY FILL GAP
TRAVELLERS hoping to claim for delays on their holiday insurance may be disappointed at the derisory sums offered.
Fiona Macrae of website Travel Insurance Explained says: ‘You’ll find most policies only pay £10 or £25 for each 12-hour delay. Some better policies pay up to £100 a person covered for a six-hour delay.’
You may also find that the bill for an extra night’s accommodation or extra day’s car hire is not covered. She adds: ‘If you want these kind of losses covered you have to find a policy covering delays that are “beyond your reasonable control”.’