An air passenger from Hailsham who was kept waiting more than six hours for a flight has successfully sued a tour operator under new EU regulations.

Retired psychologist John Gaglione, 67, flew out of Gatwick to Malta after being told his 90-year-old father had suffered a cardiac arrest and was being given the last rites.

But he was stranded

at Gatwick when flight FHE302, scheduled to

leave at 11.25am, finally departed at 5.30pm on 10 December.

Mr Gaglione, of Ingrams Way, sued Malta Bargains for a full refund of his outward flight (£38.50) and £30 expenses, a total of £68.50.

Under EU regulations, which came into force in February last year, passengers are entitled to a full refund if the flight is delayed by five hours and they did not travel on it.

They are also entitled to meals and refreshments in relation to waiting time and two free telephone calls, e-mails or faxes.

Although Mr Gaglione eventually boarded the flight he claimed he was ‘deliberately misinformed’ by staff about the delay and was entitled to a full refund.

Malta Bargains originally paid Mr Gaglione £28.50 in compensation but he went to Eastbourne County Court for the remaining £40.

The firm has now finally agreed to fully refund his outward flight and pay for his meals and telephone calls at Gatwick.

It has also offered him a 10 per cent discount on his next booking in an out of court settlement.

He said, “At first glance this would appear to be a petty claim, the outstanding amount was a mere £40.

“In fact there was far more at stake than that.

“This was a claim by an individual passenger against a scheduled airline for adequate compensation under EU regulations which are being widely ignored by the airlines.

“After I handed in my luggage I was handed a boarding pass which showed a departing time of 3.30pm and a boarding time of 2.30pm.

“When I expressed surprise I was told there was a delay of four hours. She was most definite about this length of time — not a ‘delay’ or ‘we don’t know how long’, but a specific four hours.

“I needed to go to Malta as a matter of urgency. My father had been rushed to hospital and was not expected to survive a cardiac arrest.

“There was an Air Malta flight at around 1.30pm but if I elected not to fly with British Jet I wouldn’t get a refund as the delay was less than five hours so I elected to stick with it.

“Had I been told the true delay time then I would most certainly have switched flights but as I was not given the correct information, in effect, I was deprived of my option not to travel with British Jet.

“Furthermore, at no time between checking in and the flight departure was there any information whatsoever either on the PA system or on the electronic board to let passengers know of the true delay.

“The board kept showing 3.30pm and ‘wait in lounge’ even when 3.30pm had long gone by.

“By 12.30pm British Jet would have known that the delay was going to be five hours or longer because the aircraft they were awaiting was still on the ground in Malta.

“The flight from Malta takes three hours and allowing a one-hour turn-around time the earliest possible departure time from Gatwick would be 4.30pm. Even so passengers were not informed of this.

“Had we been informed at 12.30pm that the delay was now at least five hours I could have exercised my option not to travel, been entitled to a refund and sought an alternative flight.

“I’m sure the EU did not have in mind the possibility that airlines would deliberately misinform passengers in order to make it as difficult as possible for them to decide not to travel when it drew up Regulation 261.

“It is not right for passengers to be kept waiting in an airport for the best part of a day without being given adequate information, meals and refreshments as well as fair compensation.

“It is to their shame that passengers who have experienced such inhumane treatment are forced to seek redress in the courts in order to force airlines to face up to their responsibilities.”

Despite his legal battle with Malta Bargains, Mr Gaglione flew with them again last month to visit his sick father Louis.

Malta Bargains, formerly Malta Sun Holidays, has been offering holidays to Malta for 23 years and is licensed by the Civil Aviation Authority.

The privately-owned company is also a member of the Association of British Travel Agents and European Tour Operators Association.

A spokesman for Malta Bargains said, “Mr Gaglione is a regular customer so it was not worth it to argue with him.”