Compensation for passengers in the event of flight delays due to technical defects

Flight delays are a common annoyance for travelers around the world. They can occur for a variety of reasons, including bad weather, traffic problems and even technical faults.

In recent years, however, airlines have been increasingly confronted with problems related to technical defects. These can range from minor incidents such as faulty seats or entertainment systems to more serious problems such as engine failures or brake problems. Such incidents can lead to significant delays and disrupt passengers’ travel plans.

But what are passengers’ rights if their flight is delayed due to a technical fault? Here is some important information that can help you get a judgment to receive compensation of up to £520 for your inconvenience.

What are technical defects in aircraft and how do they affect flights?

Technical defects in aircraft can affect various components of the aircraft, including the engines, electronic systems, hydraulic systems and other important parts. These defects can occur for a variety of reasons, including wear and tear, poor maintenance or manufacturing defects.

Such defects can lead to severe disruptions in flight operations. If a technical fault is discovered before departure, the flight may be postponed indefinitely while the problem is rectified. In other cases, the flight may have to turn back or make an emergency landing during operations due to a technical defect.

In any case, these problems can lead to considerable delays and disrupt passengers’ travel plans.

What types of technical defects often lead to flight delays or cancellations?

• Failure of one or more engines
• Error in the on-board computer
• Cracks in the wings
• Defective tires
• Failure of the weather radar
• Electronic faults (e.g. radio failure in the aircraft)
• Fault in the hydraulic system
• Failure of the ventilation or heating
• Failure of the lighting
• Clogged or defective on-board toilet

When is a technical defect considered an exceptional circumstance?

According to the UK261 Regulation, airlines are not obliged to compensate passengers if a technical defect is considered an “extraordinary circumstance”. This means that the airline must prove that it has taken all reasonable measures to avoid the defect or minimise its effects.

As a rule, technical defects are not considered exceptional circumstances by the courts unless they are due to unforeseeable events such as sabotage or terrorist attacks

This means that in most cases airlines can be held liable for delays or cancellations due to technical defects and passengers are entitled to compensation of up to £520.

How do airlines argue that technical defects are exceptional circumstances?

In some cases, airlines try to present technical defects as extraordinary circumstances in order to avoid paying compensation. They may argue that the defect could not have been avoided or that it occurred due to unforeseeable events such as bird strikes or lightning.

However, it is up to the airline to substantiate this argument and they must prove that they took all reasonable measures to avoid the defect or minimise its effects. If they cannot prove this, passengers may be entitled to compensation of up to £520.

Do you have a right to compensation in the event of a technical defect?

In most cases, passengers whose flights are delayed or cancelled due to technical defects are entitled to compensation. The exact conditions may vary depending on the country and legislation, but in the UK the UK261 Legislation applies.

This regulation states that compensation of up to £520 per person must be paid in the event of a delay of more than 3 hours, a flight cancellation or an overbooked flight. This compensation can also be claimed if the technical defect occurred outside European airspace, as long as the airline is based in an EU country.

How can you claim compensation in the event of a technical defect?

• Document the flight delay: Keep all travel documents (booking confirmation, boarding pass, receipts for additional costs such as cab, accommodation, meals).
• Confirm the delay: Ask airline staff to confirm the delay in writing, including the reason for the delay.
• Exchange contact details: Exchange contact details with other passengers to have witnesses and support each other in pursuing claims.
• Please note the deadline: You have 6 years after the flight to claim your compensation.
• Get support: As airlines often refuse compensation, turn to Flightright to avoid the paperwork and stress. Flightright will take over the enforcement of your compensation and increase your chances of success.

What benefits are you entitled to in the event of flight delays due to technical faults?

If your flight is delayed due to a technical fault, you may be entitled to various benefits such as:

• Catering and refreshments
• Accommodation (if required)
• Transportation between the airport and the accommodation
• Two free calls, fax messages or e-mails

The exact benefits may vary depending on the length of the delay. In the event of a delay of more than 5 hours or a flight cancellation, passengers can also decide whether they wish to cancel their journey and request a refund of the ticket price or an alternative flight to their destination.

Find out more about this topic in these two articles on your right to care services and flight delay compensation.

Why are manufacturing defects excluded from compensation?

If a technical defect is due to a manufacturing fault, this is not considered an extraordinary circumstance and passengers are entitled to compensation. This is because the airline usually has a warranty for its aircraft and is therefore responsible for the repair or replacement.

However, it can happen that a manufacturer goes bankrupt or the warranty has expired. In such cases, airlines can invoke force majeure to protect themselves from compensation payments. It is important that passengers know their rights in such cases and seek legal assistance if necessary.

How do you enforce your rights if the airline uses technical defects as an excuse?

In some cases, airlines may try to use technical faults as an excuse to avoid paying compensation. If you think this is the case with your flight, you can take the following steps:

1. Collect evidence: Document the delay or cancellation of your flight and collect all relevant documentation such as boarding passes and receipts for additional costs.
2. Submit a complaint to the airline: Submit a formal complaint to the airline and demand compensation. Present your evidence.
3. Support from Flightright: If the airline does not respond to your complaint or continues to use the excuse of a technical defect, you can contact Flightright. We are experts in enforcing air passenger rights and can offer you legal assistance.

Know your rights and successfully enforce compensation for technical defects

It is important that you know your rights as a passenger and take action if you are affected by a flight delay or cancellation. This also applies to technical defects, which are often used as an excuse by airlines. Keep all relevant documents and obtain written confirmation of delays. If necessary, seek legal assistance from Flightright to successfully enforce your claims. Don’t be discouraged and stand up for your right to compensation!