Thousands of passengers who had their flights delayed due to technical problems last year will have to wait longer to receive their compensation. The holiday makers’ compensation is running into more than £50 million. A coalition of airlines including Thomson, Ryanair and Jet2 had their appeal of rulings that made airlines liable for delays caused by technical glitches thrown out.
Airlines argue that unforeseen technical issues are beyond their realm of control and should be classified under the “extraordinary circumstances” of the EU which do not attract compensation. The airlines are holding out until a separate case of Air Italia is decided in the European courts. Their hope is that the case will set clear the definition of extraordinary circumstances. Jet2 has however set aside £17 million for compensation if the outcome does not favour them.
A spokesman from the civil aviation authority is examining whether it can take any action against the airlines. The authority expressed concern that despite the Supreme Court barring hearing of the appeals some airlines like Ryanair had not started paying compensation meaning further delays for passengers.
It had been thought that refusal to appeal had put the matter to rest. Most airlines, including Thomson airlines had already started processing hundreds of claims for the last six years’ worth £380 on average each. A particular passenger of Jet2 is demanding £975 with interest accrued after a wiring problem caused a 27 hour delay on his flight from Malaga to Manchester.
A Ryanair spokesman said they review claims on a case by case basis. On the other hand, Flybe said it would begin processing the claims once the definition of “extraordinary circumstances” has been explained by the European court of justice.