Airlines must cough up for delayed flights

FIVE major airlines – American
Airlines, Emirates, Etihad,
Singapore Airlines and Turkish
Airlines – have recently been accused
by the UK Civil Aviation Authority (CAA)
of failing to pay compensation to more
than 200 000 passengers whose
flights were delayed. Legal action by
the regulator means thousands of
passengers could be owed payouts.
Under EU regulations, all
passengers flying on any airline into
or out of the EU (including those
booked on a connecting flight) are
legally entitled to compensation if
they arrive at their final destination
more than three hours late,
unless the delay was caused by
circumstances beyond the airlines’
control, such as staff strikes or
extreme weather.
Richard Moriarty, director of
Consumers and Markets of the
UK CAA, said: “Delays that cause
people to miss connecting flights
have a particularly damaging effect
on travel plans. These laws make
sure passengers who experience
this type of disruption are
compensated when the disruption
was in the airline’s control.”
This means South African
passengers can also claim
compensation from airlines if they are
delayed on flights in the EU. But travel
agents say the onus is on the client
to claim for compensation.
“It’s very difficult for agents to claim
on behalf of their clients. We do,
however, assist where possible,” says
Jonathan Gerber, director of TAG. He
says travellers should ideally claim
at the airport of final destination.
However, he says the process is time
consuming, meaning many travellers
simply give up.
Monica Horn, product manager
of Harvey World Travel, says travel
agents will be able to assist clients
to re-book flights or help them put
compensation vouchers to use.
Vicky Steinhardt, marketing and
product manager of Pentravel, says
its agents assist clients with
obtaining compensation through
its insurance partner.
“Clients who bought and travelled on
Bidvest Travel insurance policies can
submit a claim directly to us under
the travel delay benefit. Depending
on the cause of the delay, the policy
can pay out as much as R3 500 per
person,” says Wybrandt Lubbe, travel
manager of Bidvest Insurance.
Travellers can contact the airline
directly to make a claim. Often, a
standard claim form is available. If
no standard procedure is available, it
may be best to make initial contact
by email so the traveller has a record
of the communication, the UK CAA
advises. If the airline declines to
pay compensation for a claim, it is
entitled to explain why. If travellers
are unhappy with the decision, they
can use the UK CAA’s online form to
raise a complaint free of charge.
Meanwhile, airlines have reacted
to the UK CAA’s action. An Etihad
spokesman said: “Etihad Airways
has been engaged in constructive
dialogue with the UK CAA on the
issue of passenger compensation for
several months. We in no way look to
breach the law. Therefore, we find the
CAA’s approach wholly ‘unprofessional
and unacceptable’ to publicly blame
Etihad Airways for infringements
to passengers’ rights, which we
unreservedly deny.” The other airlines
were not available for comment at the
time of going to print.