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Compensation for delayed flights Discussion Area
Comments
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Hi, my case is a delayed Monarch flight from Sharm El Sheikh to Gatwick initially scheduled for 8th April 2012 but delayed 24 hours leaving on 9th April at the same time.
I received an email reply to my compensation letter today. An extract follows:
The flight was not cancelled but was subject to a delay of twenty-four hours. This was due to the operating aircraft sustaining a cracked windscreen prior to its departure from the UK. I can assure you that everything possible was done to get your flight underway as soon as we could but I realise that having to spend an additional night in Egypt was far from ideal.
In response to your comments regarding the payment of compensation, under EU Regulation 261/2004, in cases where there is a delay of over five hours the passenger can choose to travel on the delayed flight and accept further assistance. Alternatively, they may decide not to travel on the flight and in these circumstances will be entitled to a refund of the un-used leg.
I’m afraid that also under this regulation, carriers are not obligated to pay compensation or reimburse any additional costs incurred by passengers due to flight delay. I must, therefore, refuse any such request.
I would appreciate any input.
boj0 -
Hi All...I have been advised to move my thread to hear. Sorry to jump in but grateful for any advice..
I have been informed that I am entitled to delayed flight compensation for a recent flight from Bristol to Dublin under EU regulation 261/2004. We were delayed by just over 5 hours. I have since sent a fax and letter to ryanair using a template I found on the net as shown below. Their response by email is below this.
Basically I feel they have not proved or provided any evidence that the reason for the delay was through 'exceptional circumstances'. In the end they got a plane from Gatwick to take us to Dublin. The cabin crew told us this and explained there was no refreshments on board as the plane was not scheduled to fly.
What should my next step be or just accept it as a no goer?Xxxxxx xxxxxXxxxxxXxxxxxxxxxxxxxx16 April 2012
By fax: +353 1 812 1676
By Post:
Ryanair
Customer Service Department,
P.O. 11451,
Swords,
Co. Dublin,
Ireland.
Dear Ryanair,
MY REF: 120419-FR505- XXXXX -XX
I am writing to complain about the delay I experienced on a flight which I had booked with your company. I believe that under the EU Regulation 261/2004 I am entitled to compensation and to a reimbursement of food and accommodation expenses which I incurred as a result of the delay.
1. The Nature of this Letter & Possible Legal Action
This is a Letter of Claim or Letter before Action within the meaning of the Civil Procedure Rules 1998. Sending this letter of claim is a formal step before Legal proceedings are issued against you in the County Court.
You should respond to this letter within 21 days. If you fail to respond, the Court may take the view that this is an unreasonable refusal to attempt to resolve this matter and you may be ordered to pay any legal costs which I incur.
If a favourable response is not forthcoming I may refer the matter to the Air Transport Users Council for investigation or report your company to the Civil Aviation Authority (or whichever National Enforcement Body may be relevant).
2. The Facts of This Claim
On 06 April 2012 I had a booking to fly from Bristol Airport, UK to Dublin Airport T1, Ireland on flight number FR505 Departing at 08:00 hours. The following people were flying:
Xxxxx Xxxxx [Reference No. XXXXXX]
I was at the airport on time and was present for checking-in at or before the time specified in your terms and conditions.
The Flight was delayed by over 5 hours. The flight eventually departed at 13:05 HOURS. This caused considerable inconvenience and caused me to incur expenses in relation to food and drink. I was informed at the time that the delay was caused by technical difficulties with the aircraft.
3. The Relevant Law
I refer you to EU Regulation 261/2004 („the Regulation‟) which clearly sets out the rights that consumers have in situations where they are booked on a flight with an EU based airline or which departs from an EU airport and their flight is cancelled or delayed.
Articles 6(1) and 9(1) of the Regulation provide that where a flight is delayed beyond a certain length of time, the passenger is entitled to a full refund of the cost of the flight:
“Where reference is made to this Article, passengers shall be offered free of charge:
a) Meals and refreshments in a reasonable relation to the waiting time
b) Hotel accommodation in cases
- Where a stay of one or more nights becomes necessary, or
- Where a stay additional to that intended by the passenger becomes necessary
c) Transport between the airport and place of accommodation (hotel or other).”
Further, Article 7(1) of the Regulation provides that where a flight is cancelled, passengers are entitled to compensation as set out below:
“Where reference is made to this Article, passengers shall receive compensation amounting to:
d) EUR 250 for all flights of 1,500 kilometers or less;
e) EUR 400 for all intra-Community flights of more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers;
f) EUR 600 for all flights not falling under (a) and (b).”
In the cases of Sturgeon v. Condor (C-402/07) and Böck v. Air France (C-423/07) the European Court of Justice ruled that where a flight is delayed for over 3 hours, the passenger is entitled to compensation as if the flight was cancelled.
4. What is Required of You
I believe that under the Regulation I am entitled to full reimbursement of all reasonable food, travel and accommodation expenses which I incurred during the period of delay and compensation. I therefore require payment of the following:
Reimbursement of expenses £ 4.79 GBP (Copy of receipt attached)
Compensation € 250 EUR
Total Payment Required: €250 Euro + £4.79 GBP
In accordance with the Regulation I require this amount to be paid in cash, by cheque, or by electronic bank transfer.
If you maintain that the flight cancellation falls within the “exceptional circumstances” exception, I direct you to the case of Wallentin-Hermann v. Alitalia (C-549/07) which states that it is the responsibility of the airline to prove the “exceptional circumstances”. I put you to strict proof on this issue and I require you to provide me with copies of documentation and witness statements to evidence this.
I look forward to receiving your response.
Yours Sincerely
Ryainair response by email....
[FONT="]19/04/2012[/FONT][FONT="]Private and Confidential[/FONT]
[FONT="]Mr[/FONT][FONT="] Xxxx Xxxxx
[/FONT][FONT="]Our Ref. 494833/XXXXXX[/FONT][FONT="]BRSDUB[/FONT]
[FONT="]xxxxxx@hotmail.com[/FONT]
[FONT="]Dear Mr X,[/FONT]
[FONT="]I acknowledge receipt of your letter received in our office on the 16/04/2012.[/FONT]
[FONT="] On behalf of Ryanair, we sincerely apologise for the delay to your recent flight the FR505 from Bristol to Dublin on the 06/04/2012. [/FONT]
[FONT="]Unfortunately, this flight was delayed because of an unexpected safety/technical problem with the aircraft due to operate your flight. It was necessary to delay the departure of the flight until the fault was rectified and the aircraft was cleared for operation by our Engineering Department. [/FONT]
[FONT="]Ryanair is committed to providing punctual services for all passengers and continues to be the No. 1 on time airline in Europe with the fewest flight delays, as detailed in audited statistics issued by the UK Civil Aviation Authority. Notwithstanding the above, there are situations, which are outside of the control of an airline such as unexpected flight safety problems that affect the on time performance of our flight operation. [/FONT]
[FONT="]We can assure you that Ryanair took all reasonable measures to prevent this flight delay, which was caused by an unexpected aircraft safety/technical problem (extraordinary circumstances). Please note that when flights are delayed for reasons outside of the control of an airline, monetary compensation is not applicable under EU Reg. 261/2004.[/FONT]
[FONT="]EU261/2004 requires airlines to provide the Article 14.1 notice at the point of check-in and to distribute the Article 14.2 notice during a flight disruption. However, in order to ensure that the we are compliant with EU261 at all times Ryanair has for some time provided the Article 14.2 notice (in the relevant language) when passengers check in online. This gives them ample opportunity prior to their trip to review and to have access to the written notification of their rights at all times. The Article 14.2 notice is also attached to the email which is sent to all passengers following a flight cancellation giving access to free online rerouting or refund application.[/FONT]
[FONT="]Notwithstanding the above our airport handling agents at Bristol have confirmed that assistance was provided along with the distribution of the EU261 Article 14.2 passenger notice.[/FONT]
[FONT="]Below are the details of how passengers are advised of their rights under Article 14 of Regulation 261/2004[/FONT]
[FONT="]- The wording of EU261/2004-Article 14.1 is printed on each passenger's online boarding passes in the relevant language.[/FONT]
[FONT="]- At the point of check-in online all passengers are provided with a direct link to EU261/2004 Article 14.2 in PDF format[/FONT]
[FONT="]- Passengers confirm receipt of EU261/2004 Article 14.2 notice prior to checking- in on line. [/FONT]
[FONT="]- Article 14.2 notice is available on our website at all times[/FONT]
[FONT="]- A link to the Article 14.2 notice is included in our website flight disruption notices on www.ryanair.com[/FONT]
[FONT="]- A link to the Article 14.2 notice is included in the flight cancellation email sent to affected customers [/FONT]
[FONT="]- In addition the Article 14.1 is displayed at Ryanair Bag Drop Desks[/FONT]
[FONT="]- In addition the Article 14.2 is distributed by airport staff in the event of a flight cancellation or delay over 3 hours. [/FONT]
[FONT="]From our records we note that refreshment vouchers were issued accordingly to the time of delay. However we are in a position to consider reasonable receipted expenses incurred during this delay.[/FONT]
[FONT="]We have received your claim receipts and wish to confirm that these have been assessed and passed to our Finance Department for payment and a cheque for 4.79GBP will be posted to you in full and final settlement of your claim.[/FONT]
[FONT="]We do hope that this unavoidable disruption will not deter you from travelling with us again and we look forward to welcoming you on board a Ryanair flight in the near future.[/FONT]
[FONT="]Yours sincerely[/FONT]
[FONT="]For and on behalf of [/FONT]
[FONT="]RYANAIR LIMITED [/FONT]
[FONT="]
[/FONT]
[FONT="]_______________________ [/FONT]
[FONT="]Maciej Ostrowski [/FONT]
[FONT="]Customer Services[/FONT]0 -
My brother, sister in law and nieces (2 yrs & 8 months) suffered a 24 hour delay on a recent Virgin flight from the US to the UK. They were due to depart JFK on 20th April on VS46, but after sitting on the runway for 3 hours the flight was postponed/cancelled due to an engine problem. They eventually left on the evening of 21st April on the VS146 which was operated by the same, now repaired aircraft, and crew as the previous day's VS46.
I've had a read of MSE and Virgin's policy concerning delays and cancelled flights, but I'm not clear if Virgin will argue that the flight was delayed rather than cancelled. My reading is if it's a cancellation then it's a situation were EU Reg 261/2004 is applicable and they are entitled to 600 Euros compensation per person, assuming Virgin don't use the technical faults with the aircraft that may affect its safety exclusion clause. Does the fact they live in the US matter (my brother is British and my sister in law in American)? Also would my nieces be entitled to compensation?
Any advice is much appreciated.0 -
Centipede100 wrote: »Mid-May 2013 possibly...!
Well, the airline have replied...
"According to reports submitted, an unforeseen technical fault was detected after the aircraft had left the gate. Subsequently, the aircraft had returned to the gate and our engineers were immediately deployed to assess and rectify the problem. Unfortunately, as more time was required for the rectification, we regret that the flight had to be delayed until further notice. In view of this delay, a decision was made to transfer all our affected passengers to hotel accommodation for the night and for their flights to be rebooked on alternative flights.
We would like to assure you that the safety of our passengers is of top priority to us and in this aspect, there will not be any compromises made. Our ground services and engineering team will be conducting a post mortem to ensure that maintenance of our aircraft condition and delay handling procedures in such situations are improved so that we can serve our passengers better in future.
Having carefully reviewed all the circumstances, I regret we must respectfully decline your request to be paid compensation of EUR600 in accordance with Article 5 & 7 of EC Regulation 261/2004.
This is because flight SQ321 from London to Singapore on 06 March was delayed and not cancelled. Informatively, claims for flight delays over 3 hours from the United Kingdom are presently suspended pending a review of the ruling in the Court of Justice of the European Union. Until a new judgement is made, Singapore Airlines is currently unable to consider any claims.
Mr. (Heart), much as we acknowledge the inconvenience you both went through as a result of the delay, as an industry practice, and in line with our Conditions of Contract and Carrriage, I would like to share that airlines generally do not compensate for consequential losses or inconvenience arising from flight delays."
So, apparently, Singapore airlines have currently mislaid their cheque book...
Any comments or advice appreciated.
Mr. Heart0 -
Hi again,
Just a quick update with my claims. Apologies for 'going missing' for a few weeks, work commitments.
Whilst waiting for EC ruling regarding delays, I wrote to CAA asking for their help regarding the downgrading part of my complaint. (See posting 1471 and others leading up to it.) I detailed the flight and included seat width and pitch details as suggested on here, many thanks to those who advised.
I received a reply from the CAA saying that my claim appears to fall within the scope of EC261/2004. They have written to T.Cook to request further reimbursement in line with Article 10. I will post again when I get any response.0 -
I have received a cheque from Ryanair for £4.79 through the post saying 'full and final settlement'. Do I return it?0
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Have seen some really great help here, particularly from ian41, and would also be grateful for some advice.
We were flying to Melbourne on Singapore Airlines flights SQ321 06 March 2012 2205 and SQ227 07 March 0815. We boarded the flight at Heathrow, pushed back a little and were brought back again. We were told that there was an engine problem and that they were trying to fix it. Time dragged on. We were told that we had special clearance to leave until 0030 and they hoped to have the engine fixed by then. The engine was not fixed in time and so we were told to leave the aircraft. All the following arrangements were shambolic but irrelevant I realise to this enquiry. We managed to rebook ourselves onto the next available Singapore Airlines flight with great difficulty, (we did not pay for this), this was at 1055 07 March (also delayed until 1214!)
Are we due some measure of compensation under EU law or is this deemed "exceptional circumstances" despite this ruling
[FONT="]22/12/2008
Airlines must pay compensation to passengers whose flights are cancelled because of technical problems with the plane, European judges ruled today.The only exception, said the European Court of Justice, is if the technical problems are caused by “extraordinary” events outside the normal activities of the airline – such as terrorism or sabotage or a hidden manufacturing fault which suddenly comes to light.
Thank you in advance for any help and advice offered.[/FONT]
Hello MrHeart my husband and i were on flight SQ321 and have had a nightmare with Singapore Airlines. They are saying that the flight was delayed and not cancelled, and we will not be receiving any compensation even thought it took us 54 hours to get to Melbourne. Have you had any luck yet?0 -
Have seen some really great help here, particularly from ian41, and would also be grateful for some advice.
We were flying to Melbourne on Singapore Airlines flights SQ321 06 March 2012 2205 and SQ227 07 March 0815. We boarded the flight at Heathrow, pushed back a little and were brought back again. We were told that there was an engine problem and that they were trying to fix it. Time dragged on. We were told that we had special clearance to leave until 0030 and they hoped to have the engine fixed by then. The engine was not fixed in time and so we were told to leave the aircraft. All the following arrangements were shambolic but irrelevant I realise to this enquiry. We managed to rebook ourselves onto the next available Singapore Airlines flight with great difficulty, (we did not pay for this), this was at 1055 07 March (also delayed until 1214!)
Are we due some measure of compensation under EU law or is this deemed "exceptional circumstances" despite this ruling
[FONT="]22/12/2008
Airlines must pay compensation to passengers whose flights are cancelled because of technical problems with the plane, European judges ruled today.The only exception, said the European Court of Justice, is if the technical problems are caused by “extraordinary” events outside the normal activities of the airline – such as terrorism or sabotage or a hidden manufacturing fault which suddenly comes to light.
Thank you in advance for any help and advice offered.[/FONT]
Hello MrHeart are you having any luck with Singapore airlines, as they are only offering us a Hamper!! a insult. They also say its because the flight was delayed and not cancelled please reply with your update0 -
I'm new to this forum, so please excuse me if this has been covered elsewhere.
Our flight from Bodrum to Manchester was due to depart on 2 May at 20.15 local time (17.15 gmt). Upon checking in we were told the flight was delayed 5 hours. We were given a burger and a drink at 10pm. The plane landed at 13.10 local time but had a technical fault so did not leave Bodrum until 05.05 local time, landing at 7.10 gmt, which meant a delay of 9 hours. Does anyone know if is worth pursuing Thomas Cook for a claim? Being self employed meant a loss of wages.0 -
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