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MSE News: Flight delay compensation floodgates open
Comments
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Thanks miduck. Any idea as to the situation with knock on delays? The flight I was due to take was Cardiff to Glasgow. The aircraft and crew in question commenced their day on time at Glasgow and, I believe, encountered a bird strike on approach to Cardiff. This led to a delay to their next flight which was to Paris whicls the aircraft was checked by an engineer. Exceptional circumstance. In Paris the flight was further delayed, possibly due to ATC restrictions though I don't know for certain. Not the airline's fault. By the time it arrived back in Cardiff it was three hours behind schedule. We were then informed that the crew were out of hours and were delayed another two hours until the standby crew, who were based at Birmingham, were brought to Cardiff to operate the flight. We arrived at Glasgow over five hours late. That delay possibly was the airline's fault as they could have anticipated the crew hours problem and had the standby crew in place earlier.
The point I'm trying to make is that if an aircraft has been delayed for legitimate reasons earlier on in the day, do those legitamate reasons apply to later flights that have not yet managed to make the time up?
You are in a grey area I'm afraid. It could be argued that the airline should have had a spare plane/ crew in order for your flight to leave on time, although even the biggest airlines do not have such capacity to do this (and that's fair enough - we'd pay a fortune if they did!). I would argue that the crew being out of hours was an intervening act, so in fact you are entitled to compensation for this reason.0 -
Back in 2007, 3 teenage children and I were travelling with Monarch from Palma, Majorca to Luton. We were delayed for 8 hrs. The airline would give us no information or explanation & we had no idea how long we were to be delayed. We had to stay in the boarding queue & sit on the floor, even though the plane hadn't even arrived. We were eventually given 5 euros each for food. At an expensive airport, this either bought a drink or a sandwich, not both. I will be seeking compensation. Is the compensation for each person or just for the booking?0
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Hi
Thanks to all who have fed back on the news guide. As with everything we write, this has been fully fact checked with the relevant people (the CAA in this case).
We will however re-check all the points raised when putting together the guide to reclaiming.
Dan
Thanks for the quick reply.
I think you may need to speak to Centipede100 as well.
Also it would be good to write the article in a less flamboyant way pointing out the pitfalls and how much (expected) hard work it will be to get the "compensation"
I wait with baited breath
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Back in 2007, 3 teenage children and I were travelling with Monarch from Palma, Majorca to Luton. We were delayed for 8 hrs. The airline would give us no information or explanation & we had no idea how long we were to be delayed. We had to stay in the boarding queue & sit on the floor, even though the plane hadn't even arrived. We were eventually given 5 euros each for food. At an expensive airport, this either bought a drink or a sandwich, not both. I will be seeking compensation. Is the compensation for each person or just for the booking?
The compensation is per person. The contact email for Monarch is euclaim@monarch.co.uk. They will send you a form to complete and return to them.0 -
Claimants will get lovely correspondence from the airline's solicitors prioir to a hearing, it is these opportunities that they use to try and prevent the case going to a hearing.Posts are not advice and must not be relied upon.0
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I just called Thomas cook regarding the new european ruling only to be told that it is not recognised in the UK. See letter below.
I write further to our telephone conversation regarding the flight delay you experienced.
Flight delays do unfortunately occur from time to time, however, I appreciate they can be inconvenient and would apologise for any inconvenience this may have caused.
Following a decision of the European Court of Justice(ECJ) in November 2009 compensation for delays became available. However, on 10th August 2010 the UK High Court referred this decision back to the ECJ and pending it’s ruling, all existing and future claims for compensation for delay have been stayed.
Thomas Cook is aware that on the 15 May 2012, the Advocate General gave his opinion on the ruling made by the European Court of Justice (ECJ) on the 19.11.09 to pay compensation in a delay situation, dependent on cause and duration. This opinion will now be placed before the Grand Chamber to consider and decide whether to agree with his findings or dissent and reach an alternative conclusion. This decision is expected within the next three to six months. Until this ruling has been made our position remains unchanged and we will not pay compensation in a delay situation, which is reliant on the ruling of the 19.11.09.
Although the EU ruling has now been overturned to say that customers will now be compensated for flight delays, this has not been changed under UK laws. Therefore as it stands, we would not offer compensation for the delay you experienced.
You can of course contact us again once the ECJ’s decision has been delivered and we would be happy to reopen your file and consider compensation.0 -
crooner123 wrote: »I just called Thomas cook regarding the new european ruling only to be told that it is not recognised in the UK. See letter below.
I write further to our telephone conversation regarding the flight delay you experienced.
Flight delays do unfortunately occur from time to time, however, I appreciate they can be inconvenient and would apologise for any inconvenience this may have caused.
Following a decision of the European Court of Justice(ECJ) in November 2009 compensation for delays became available. However, on 10th August 2010 the UK High Court referred this decision back to the ECJ and pending it’s ruling, all existing and future claims for compensation for delay have been stayed.
Thomas Cook is aware that on the 15 May 2012, the Advocate General gave his opinion on the ruling made by the European Court of Justice (ECJ) on the 19.11.09 to pay compensation in a delay situation, dependent on cause and duration. This opinion will now be placed before the Grand Chamber to consider and decide whether to agree with his findings or dissent and reach an alternative conclusion. This decision is expected within the next three to six months. Until this ruling has been made our position remains unchanged and we will not pay compensation in a delay situation, which is reliant on the ruling of the 19.11.09.
Although the EU ruling has now been overturned to say that customers will now be compensated for flight delays, this has not been changed under UK laws. Therefore as it stands, we would not offer compensation for the delay you experienced.
You can of course contact us again once the ECJ’s decision has been delivered and we would be happy to reopen your file and consider compensation.
could try that you were traveling From the EU to the UK at the time so in that country you were under EU not UK law so there the law stands0 -
I had a 23 hour delay back in March 2010 when I sent a letter of complaint to the airline they told me it didnt come under these guidelines because it was a technical problem with the plane. So what DOES constitute a reason to get compensation?0
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Bird strike would be an exceptional circumstance - it is beyond the control of the airline.
Technical failure is not deemed to be a safety issue by the ECJ. Personally I disagree with this, but I don't make the law.
Hi
Please could you point me in the right direction/source of the ECJ, where they say that Technical Failure is not deemed to be a safety issue?
This may help with my claim.
Also, does anybody know if there is an independant company, like flight stats for example (they do not do this), who will be able to answer honestly why the plane was delayed? I have a feeling the airline i will be claiming from will try and lie about the genuine reason as to why the plane was delayed. They already keep dodging my request for confirmation of the reasons.0 -
Could a claim still be made if the airline provided overnight accommodation and meals? Back in August 2010 myself and my 3 children had a 24 hour delay flying from Gatwick to Orlando on Virgin Atlantic. This was apparently caused by our aircraft engine being damaged on the run way when it was in the Bahamas (a truck hit it!). VA provided rooms at an airport hotel and we flew out next day on a slightly older and ropier VA 747. Never thought before about making a claim...doh.0
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