EU closes compensation loophole

Passengers who miss
connecting flights
outside EU can now
claim compensation from the
airlines, following a recent
UK Court of Appeal ruling.
EU legislation stipulates
that all passenger with
flights delayed for more than
three hours when travelling
from or into the EU can
claim to up to EUR600
(R9 896) of compensation.
However, several non-EU
airlines have been treating
connecting journeys as
two flights instead of one,
thereby exploiting a loophole
in the EU law and not paying
compensation for delays.
Earlier this year, the UK
Civil Aviation Authority
claimed that five airlines –
American Airlines, Emirates,
Etihad, Singapore Airlines
and Turkish Airlines –failed
to pay compensation to more
than 200 000 passengers
who had their flights delayed.
The Court of Appeal has
now ruled in favour of the
UK CAA and concluded
that the airlines are legally
obliged to pay out. The ruling
means passengers of nonEU
airlines, who experienced
a delay on the first leg of a
flight, missed a connecting
flight therefore arrived at
their final destination at least
three hours late, can claim
compensation. This applies
whether the final destination
is within or outside the EU.
South African passengers
can also claim compensation
from airlines under these
regulations for all flights out
of the UK, according to a
spokesperson for the CAA.
Following the ruling,
Andrew Haines, ce of
the CAA points out that
for a family of four this
compensation could be
worth as much as EUR2
400 (R39 588). “We will
not hesitate to take further
action if airlines fail to
comply.