July 11th 2024.
In recent news, it has been reported that British Airways has been ordered to compensate their passengers for delayed flights. This ruling comes after the Supreme Court declared that pilots calling in sick does not fall under the category of an "extraordinary circumstance".
As a result, thousands of travelers may now be entitled to receive compensation for flights that were cancelled at short notice and without receiving a refund or any form of compensation. This decision was made after a couple from Kent, Kenneth and Linda Lipton, took legal action against British Airways when their flight was cancelled due to the pilot falling ill and no replacement being available.
Initially, British Airways argued that this was an "extraordinary circumstance" that was beyond their control and therefore, they were not obligated to compensate their passengers. However, the Court of Appeal overturned this argument, ruling in favor of the Liptons. British Airways then took the case to the Supreme Court, but their appeal was unanimously dismissed.
In their ruling, the Supreme Court acknowledged that while the amount of compensation at stake may seem small, it has the potential to affect a large number of claims made annually. They also stated that the crew member's sickness is a natural and expected part of the airline's operations, even when they are not on duty. This includes the need for the captain and other cabin crew to ensure they are well-rested during stopovers.
Furthermore, the court emphasized that an "extraordinary circumstance" must be something out of the ordinary and cannot include staff illness, which is a common occurrence in any business. They also stated that managing staff illness is an inherent part of an airline's operations, just like the wear and tear of an aircraft's physical components.
This groundbreaking decision means that thousands of passengers who have had their claims rejected in the past six years can now reapply for compensation. In response to the ruling, British Airways expressed their disappointment but stated that they will respect the judgement of the court.
For those seeking compensation, British Airways' policy allows for the reimbursement of additional expenses incurred due to flight delays or cancellations, such as hotel accommodations, transportation, and meals. To file a claim, passengers will need to provide the names of all individuals included in the claim, details of the affected flights, and receipts for any expenses. The company will also require bank account details to process the payment.
Passengers can now claim compensation if their flight is delayed by more than three hours and the cause of the delay is within the airline's control, including pilot sickness. However, if the flight is delayed due to "extraordinary circumstances" beyond the airline's control, no compensation will be provided.
In addition, if the airline informs passengers of a cancellation less than 14 days before the scheduled departure and fails to arrange an alternative flight that departs within two hours of the original departure time, passengers may also be eligible for compensation.
To file a claim, passengers will need to provide their name, contact details, and booking reference, along with information about the cancelled flight. This can be done by submitting an online compensation claim form. The Liptons, who were involved in this landmark case, expressed their satisfaction with the ruling, stating that it was a victory for those who fight for common sense and justice against large corporations.
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