Alan Cameron | Senior Associate

Planes, Trains and Automobiles

A holiday should be fun and relaxing but most of all allow you the opportunity to reminisce fondly about the hot weather and exotic food during the often dark and rainy days you encounter on returning home.

Fortunately for me, during a recent cross country trip to Spain, I was able to take in the sights of Barcelona, Seville, Cartaya and Malaga before heading home to enjoy our rather surprising and hopefully long lasting May “heatwave”.

In between meandering down Las Ramblas, taking in the sights whilst crossing the Triana Bridge and wandering through the backs streets of Cartaya I also required to navigate my way through the Spanish transport system in order to complete my modern day Phileas Fogg adventure. By my count this involved 3 planes, 2 taxis, 3 buses, 2 Trains and of course the wonderful Barcelona Metro. Surprisingly, my travels were relatively smooth with only 1 slight delay at the airport on my route home. If, on the other hand, you are not so lucky on your next trip abroad then the team at Jackson Boyd Lawyers can assist you with claiming compensation for any loss or damage suffered as a result of delayed flights, denied boarding or loss and damage to your baggage.

Flight Delays

You should be aware that EU Regulation 261/2004 provides for passengers to claim compensation when their flight lands at their destination more than three hours late, subject to certain conditions being met. It is also encouraging to note that the courts are presently taking a strong stand against the airlines who are trying to avoid paying the penalties that arise from flight delays.

Denied Boarding

Our recent article on Dr Dao and his removal from a plane due to overbooking in America focussed on the potential personal injury aspect of such a set of circumstances. Another issue which this rather unique set of circumstances raises is your rights if you are denied boarding when the EU Regulation applies. To qualify you must be a passenger departing from an airport within the EU, regardless of the origin of the airline or, a passenger departing from an airport outside the EU for an airport within the EU if the airline is based in an EU state. If you meet this criteria and an airline refuses to carry you on a flight, (having presented yourself for boarding under the conditions laid down in Article 3(2)), you are entitled to compensation. There are certain exceptions to this rule, namely where the airline can show that there are reasonable grounds to refuse to board a passenger. Examples of such grounds are for reasons of health, safety or security, or inadequate travel documentation. Our team at Jackson Boyd Lawyers would assess your case with reference to the Regulations and fully advise you on whether you would be entitled to claim for compensation, in a situation where an airline has refused to board you.

Lost or Damaged Baggage

Under the Montreal convention there is provision for making a claim for lost or damaged baggage against the airline that has let you check in your bags. However your baggage will not be classed as lost until 21 days after you land. You should also be aware that if you are carrying a particularly expensive item (those holiday souvenirs perhaps!) that you will need to declare this in advance of your flight and fill out a special declaration of interest or your compensation, if awarded , will be limited. You should speak with your airline in advance of travel to clarify their policy.

Whatever the issue please feel free to contact our team at Jackson Boyd on 0141 249 6903 or by clicking here and we will happily assist you with any potential claim for compensation arising from your holiday or from your flights to and from your destination.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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