Money-saving expert Martin Lewis has issued an urgent warning that could affect those who have flown within the EU in the past six years, potentially costing them £520. In his latest episode of the BBC Sounds podcast, Mr Lewis aims to clarify the rights of air passengers in the event of flight delays or cancellations within the European Union.
Speaking to his co-host Nihal, Mr Lewis paints a hypothetical picture: “So, Nihal arrived at the airport 2 hours and 45 minutes late. I have to tell British Airways, this is a made up story. It’s not your fault. Don’t worry too much. He arrived at the airport 2 hours and 45 minutes late but due to the scheduled arrival change, there was no place to land.
“So you were on the plane for half an hour longer. Now, for all EU flights, including flights in the UK, the fixed compensation rule applies: if the flight is delayed by more than three hours and the airline is at fault, which we assume here, do you get compensation? So, Nihal, do you get compensation in this case?”
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Mr Lewis sheds some light on the complex situation by saying: “Yes, because you left the plane three hours later. No, because it landed two hours and 45 minutes late and the delay was on the airport’s side, not the airline’s. Yes, but only if you took off three hours late and landed two hours and 45 minutes late. So the question is, what are the three hours? Is it yes, the three hours is when you left the plane?
Discussing the issue of flight compensation, Mr Lewis outlined various scenarios for Nihal Reports Birmingham Live.
Mr Lewis described it this way: “A is the simple one: Yes, you got off the plane three hours late.”
Nihal replied, “So I will get the compensation.”
Mr Lewis agreed: “So you get the compensation. C means you get the compensation even though the plane landed two hours and 45 minutes late because it took off three hours late. And B means no, because it was only two hours and 45 minutes late in landing and the rest was not the airline’s fault.”
He clarified: “There is a little bit of wiggle room as to the extent to which the airline is at fault. I think the most important criterion here is the timing, that is, how late the doors of the plane are opened. So you were wrong. So, since you got off the plane more than three hours late, you are entitled to the compensation that was set. The argument of the airline’s fault is quite clear: since the 2 hours and 45 minutes delay was there, that is very easy to argue.”
He further stressed: “That’s why it’s the airline’s fault that they arrived 2 hours and 45 minutes late and then the airport wasn’t prepared for their landing. That’s still the airline’s fault because if the airline hadn’t been late, the airport would have been prepared for the delay and the doors would have opened late. But the airline could try to argue that it wasn’t their fault because of the 15 minutes left, but I think they would generally get a shorter shift from all courts.”
He clarified: “You’ve got that wrong. Let’s quickly give a brief summary of flight delay compensation. This applies to all EU flights, so any flight departing from or arriving at a UK or EU airport, but then it has to be a UK or EU airline.”
He continued: “So an American Airlines flight from London to the US counts. An American Airlines flight from the US to London doesn’t count because it’s not an EU airline. You can go back six years. So if you had a delay at any point in the last six years, you can go back six years to claim that compensation. Remember, it has to be the airline’s fault. In Scotland, five years.
“The amount you get is fixed. So up to 1500 kilometers and three hours delay it’s 220 pounds. From 1500 to 3500 kilometers and three hours delay it’s 250 pounds, fixed per person. Three and a half thousand kilometers or more. From three to four hours delay it’s 260 pounds. From more than four hours delay it’s 520 pounds.”
