Yesterday (11th June 2014), saw The Court of Appeal make a decision against Jet2.com which will prick up the ears of all flight passengers who have incurred a flight delay or cancellation.
After originally taking the company on by himself and losing, Ron Hazar instructed the help of a flight delay compensation company to try and appeal the decision that saw him out of pocket after a 27 hour flight delay for a flight from Manchester to Malaga. The airline claimed that the flight was delayed because of ‘extraordinary circumstances’ and at the time the judge at Stockport County Court agreed, sending Mr Hazar home with nothing but anger and frustration.
Mr Hazar then decided to appeal the decision and as such Manchester County Court Lord Justice Elias said that for a case to be ‘out of the ordinary’ from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned’.
If the cause of the technical problem, he added, was one ‘inherent in the normal exercise of the activity of the air carrier concerned’ then it necessarily followed that it is also within the control of the carrier and thus not extraordinary.
This case opens up the doors to those people who have experienced fight delays or cancellations and received nothing from the airlines and it is about time too.
