Back to All ArticlesBack to All Articles

Country legislation over Montreal Convention. Yet another court ruling in favour of passengers

AuthorThe AirHelper

More good news on the court making airline pay compensation for delayed flights. England and Wales Court of Appeal has ruled that Thomson Airways is to pay out almost £1,500 of fligh compensation for an eight-hour delay the passengers experienced because of crew shortages caused by sickness. Thomson Airways reaction to this was quite shocking as the airline has warned (or threatened?) that the cost of air travel could rise following the decision of the court.

With each court ruling we get a more clear picture of all issues around flight compensation.  Thomson Airways refused to pay compensation for a delayed flight from Gatwick to the Dominican Republic in 2006 claiming that the passenger should have made the claim within two years of the flight.

The airline argued that all delay claims for compensation are covered by the Montreal Convention, which limits claims to two years after an incident. However, the Court of Appeal ruled that the time limit for bringing a claim must be determined by each individual country in the European Union. For UK it is as long as six years.

What we find quite funny is the threat from Thomson Airlines saying that  the court’s decision could have a significant impact on the industry, and “specifically upon the price that all air travellers would need to pay for their flights”.  The airline intends to seek an appeal to the Supreme Court.

travel industry ebook cover

Get the industry report

The air travel industry hit some highs and lows last year. Check out how it impacted passengers.

Get paid for your delayed, canceled or overbooked flight from the last three years.

Check your flight

It only takes 3 minutes