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Guidance

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Before you submit an application for CEDR adjudication you should check if your claim is eligible for review.

Complaints Process Stages
Stage 1: Raise your concerns directly with the airline.
Stage 2: The airline will try and resolve your complaint to your satisfaction. This may take several weeks but you must allow them sufficient time to assess your complaint and respond.
Stage 3: If the passenger and airline are unable find a mutually acceptable resolution to the complaint the airline will issue a 'final response letter'. This letter will tell you that the airline is unable to take your complaint any further and it should normally say that you may refer the matter to CEDR for adjudication.
Stage 4: Apply to CEDR for adjudication.

What is ADR?

ADR can be a swifter and cheaper alternative to court action to getting your claim resolved. However, if you choose ADR and are not happy with the outcome, then you may decide to pursue your claim through the courts afterwards. If so, you can only do so if you have not left it too long to bring your court claim. Any claim has a limitation period (or time period) after which a claim cannot be brought before the court.

As regards discrimination under the UK Equality Act, this is dealt with by the County Court (in England and Wales) and the Sheriff Court in Scotland. County and Sheriff court deadlines for discrimination cases are six months less one day from the date of the incident you are complaining about. Information about how to bring a civil claim in the County Court (England and Wales) can be found on Her Majesty's Court Service website, and for Sheriff court claims in Scotland from the Scottish Court website.

There is also the possibility of seeking legal advice as regards compensation under SI No. 2833 / 2014 “The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014. The timeframe for taking such a case is also, within 6 months from the date of the incident.

The timeframe for taking a case to court under EU directive 261/2004 is 6 years from the date of the incident

The time limit for bringing a breach of contract claim is 6 years from the date of the breach.

Detailed information about the civil procedure rules can be found on the Ministry of Justice website. Practical advice, including a helpline, as regards equality and human rights is available from the Equality Advisory Support Service.

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T: 020 7536 6099
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E: aviation@cedr.com

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