Aviation: Compensation
The question
To ask the Secretary of State for Transport, if she will make an assessment of the potential merits of requiring airlines to cover a passenger's claim management or legal costs in cases where the airline initially rejected a UK261 compensation claim that was subsequently proven to be valid.
Answered by Keir Mather
The Department has not made an assessment of the potential merits of requiring airlines to cover passengers’ claim management or legal costs in these circumstances.
Airlines are already legally required under Regulation (EC) 261/2004 (‘Regulation 261’) to pay compensation where it is due. Where a passenger believes a claim has been wrongly rejected, they can pursue it with the airline and, if unresolved, escalate the complaint to an independent Alternative Dispute Resolution (ADR) provider (where the airline is a member) or the courts.
Aviation ADR bodies provide a binding decision for consumers at low or no cost, with any fees typically refunded if a complaint is upheld.
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