When Can You Claim Compensation For Flight Delays And Flight Cancellations Caused By Technical Issues With The Plane?

How To Claim Flight Compensation For Technical Issues With The Plane

If your flight has been cancelled or delayed because of a technical issue on the plane, you are able to claim compensation under EU Regulation 261.

EU Reg 261 classifies technical issues or technical faults on an aircraft as the airline’s responsibility, and managing such issues is inherent in the running of an airline.

However, there has been some confusion about whether a technical problem with the plane is the same as a hidden manufacturing defect. The two are very different and is the difference between being eligible to claim or not.

We helped clarify this area of law on several landmark cases, including when we went to the Supreme Court to win the case of Huzar vs. Jet2. This case opened the doors for millions of UK passengers to rightfully claim compensation for their flight delays or cancellations caused by technical issues.

Technical Issues And Hidden Manufacturing Defects Are Not The Same Thing

Over the last decade, we have represented thousands of airline passengers who have come to us after being turned down after trying to claim directly with the airline on claims relating to technical issues. We have heard that some airlines have classed technical issues as hidden manufacturing defects.

Hidden manufacturing defects with an aircraft are classed as an extraordinary circumstance. In such cases, airlines are not liable to pay compensation. However, there is a significant difference between a hidden manufacturing defect and a technical issue.

The crucial difference between a technical problem and a hidden manufacturing defect is that the latter would more than likely result in a mass recall of a fleet of aircraft, something exceptionally rare and certainly making headline news.

If your flight has been delayed or cancelled because the airline said a hidden manufacturing defect caused it, you may want to review your claim.

When Can You Claim Flight Delay Compensation For A Technical Issue?

If your flight arrives at least three hours later than scheduled, you may be entitled to claim up to £520 per passenger in flight delay compensation.

How Much Compensation Can I Claim For A Flight Delay Caused By A Technical Fault?

The maximum amount of compensation you can claim for a delayed flight is £520 per passenger. How much you can claim will depend on how many hours your flight was delayed and the flight distance.

The level of compensation increases the longer you are delayed and the further the distance of your flight.

Our table below shows how much flight delay compensation you could claim.

When Can You Claim Compensation For A Cancelled Flight Caused By A Technical Issue?

Under EU Regulation 261, UK airline passengers whose flights have been cancelled have the legal right to either a full refund or a replacement flight. Your legal rights depend on the circumstances of your flight and when you were informed of the flight cancellation.

How Do I Know If My Flight Is Eligible For Flight Compensation?

EUReg261 protects airline passengers whose flights departed from or arrived at a UK or EU airport on a UK or EU airline. You can claim for delayed flights that departed in the last six years.

Under UK law, you will be able to make a claim for EU261 compensation if your flight:

• Departed from the UK
• Arrived in the UK on a UK or EU airline
• Arrived in the EU on a UK airline

Landmark Cases

There have been a number of cases that have established the difference between technical issues and hidden manufacturing defects.

The case that first established what was classed as a hidden manufacturing defect as an extraordinary circumstance is Wallentin vs. Hermann. The airline claimed that a turbine engine failure was an extraordinary circumstance. The airline appealed to the European Court of Justice and lost, with the court ruling in favour of the passenger.

Van Der Lans vs KLM, expanded on this, suggesting that a technical defect to be extraordinary would require disclosure of a hidden manufacturing defect by the aircraft manufacturer or a competent authority that impinged on flight safety.

We handled the leading appeal case in the UK, Munius vs Jet2, which established that a hidden manufacturing defect needed to meet all of the following criteria:

• The technical defect must be due to a fault in the manufacture of the aircraft or a particular component
• The fault must affect an entire fleet of aircraft
• The fault must have been notified by the manufacturer or a competent authority (Such as the CAA)
• The fault must be ‘hidden’ (i.e. unbeknown to the airline)
• The fault must impact flight safety.

An example was when the Dreamliner aircraft were grounded due to battery issues. This was extraordinary because:-

• It was a fault with the manufacturing/design of the batteries.
• It affected all Dreamliners.
• The FAA ordered that all such aircraft be grounded immediately.
• The airlines were previously unaware of the relevant issue.
• The fault impacted flight safety, as the batteries were liable to combust.

Such faults were in stark contrast to the technical issue that caused our client’s delay – a leaking side panel.

It was not hidden as the airline had been aware of the issues for years. The defect did not impact flight safety, as the airline was clearly happy to continue operating the aircraft despite being aware of this ongoing issue.

Receiving considerable national media coverage, we helped our client win in Huzar vs. Jet2 at the Supreme Court.

Mr Huzar initially wrote to the airline directly to claim compensation after experiencing a 27-hour delay from Malaga to Manchester with his wife and granddaughter. The airline refused to pay compensation on the basis that the technical fault that delayed the flight was an extraordinary circumstance.

Mr Huzar decided to go to court and issued proceedings against the airline. The judge found in favour of the airline, and at this point, Mr Huzar decided to contact Bott and Co for help.

We took on the case, appealed the decision, and were successful at County Court. Not wanting to give up, Jet2 appealed this decision, and we went to the Court of Appeal, where the judges upheld the previous decision in Mr Huzar’s favour.

The airline then applied to the Supreme Court for a further appeal, but this application was rejected, meaning Mr Huzar could finally keep his flight delay compensation.

Meet Our Solicitors

Coby Benson

A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.

Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.

More About Coby