Travel question

What’s the best way to claim compensation for my delayed flight?

Have a question? Ask our expert Simon Calder

Wednesday 12 December 2018 10:03 EST
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Airlines have been known to reject legitimate claims
Airlines have been known to reject legitimate claims (Getty)

Q We had a very delayed flight in September and I am trying to claim compensation. The airline has declined to pay even though I believe it was responsible. I have been in contact with a company called AirHelp?

I am at the final proceedings of giving copies of our passports, proof of address, etc, but just wanted to know whether the firm is reliable?

Jane C

A For flights that have arrived three hours or more late, or are cancelled for reasons that are within the airline’s control, European air passengers’ rights rules specify payments of between €250 (£225) and €600; the amount depends on the length of the journey and, for longer flights, the length of the delay. The only defence airlines can offer is “extraordinary circumstances” – that issues such as bad weather or air traffic control strikes were responsible.

I urge passengers who believe they qualify to apply direct to the airline for compensation. Regrettably, some airlines sometimes reject legitimate claims spuriously.

If you feel you have a reasonable case and are being fobbed off, you can take legal action through Money Claim Online, though this requires putting money up front (typically £25-£35 depending on the amount claimed) and a certain amount of work. That is why many passengers enlist the help of a no-win, no-fee claims handler. These are companies which “farm” claims on an industrial basis. In the event of a successful claim, they routinely take about one third of the compensation due.

AirHelp has expanded aggressively in the past few years and has tackled many cases successfully. But it is based in Hong Kong and therefore a claim may prove more complicated than with a firm whose headquarters are in the UK. The Cheshire-based firm of Bott & Co has expertise in this field of law and many readers have reported success with the company.

Claims handlers make their money by assessing when the law is on the passenger’s side and knowing how to get the airlines to pay up the statutory compensation. They do not, though, tend to be interested in recovering other costs a passenger has incurred – so if you are also pursuing expenses such as hotel stays or alternative transport, then Money Claim Online is the most appropriate way to proceed.

Every day our travel correspondent Simon Calder tackles a reader’s question. Just email yours to s@hols.tv or tweet @simoncalder

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