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Compensation for delayed flights Discussion Area
Comments
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Centipede100 wrote: »Whilst writing to this address may elicit the response you expect, you should be aware that this type of letter and any Notice before Action should normally be sent to the airline's registered offices, which are not necessarily the same (at least in this case).
The head office is at the same address I believe0 -
Centipede100 wrote: »Whilst writing to this address may elicit the response you expect, you should be aware that this type of letter and any Notice before Action should normally be sent to the airline's registered offices, which are not necessarily the same (at least in this case).
Centipede - your response in respect of the Thomson enquiry slightly worries me with regard to my claim against Monarch insofar as I delivered my 7 day Notice of Action (by hand) to their Luton office at Prospect House - I have done a bit of checking and this appears to be their Registered Office of Monarch Airlines Limited ~ could be please confirm I have delivered to the right address.
I will keep you (and others) informed as to progress as I would imagine my claim will be one of the first to be lodged following the recent ECJ ruling.0 -
Centipede100 wrote: »Same advice I gave in post 1787 upthread. You also have a claim for the VIP check in and lounge access if this was paid for and not provided.
Hi,
Thanks for the reply. I have looked at the template letter and it mentions England and Wales. I am from Scotland so should i change anything in that paragraph?
Who should my letter be addressed to? Thomas Cook package holidays, Direct Holidays or Thomas Cook Airlines?
Thanks0 -
Centipede100 wrote: »No.
Thomas Cook Airlines
Ok and sorry to be a pain but the letter you wrote is as follows -
I am aware that flight delay compensation claims are currently stayed by the courts in England & Wales but once the judgement has been handed down in the current ECJ case (C-629/10) I want to put you on notice that my claim will proceed at that stage.
Now that the case has been finalised what would be the best way to replace this?.0 -
Centipede100 wrote: »How about this:
As you will no doubt be aware flight delay compensation claims have been upheld by the ECJ on October 23rd. I want to put you on notice that unless the airline settles my valid claim within 14/21/28 (delete as applicable) days of the date of this letter, or that you provide a full and valid disclosure of your defence to my claim, I shall issue legal proceedings without further notice.
I predict that the airline will rebuff your claim with some twaddle about 'extraordinary circumstances', in other words they are stating take us to court or you will not see any compensation.
The ball is then in your court about whether you will ultimately feel confident about taking your claim all the way to a small claims court hearing.
Thanks for your help. I still need to do further rsearch into the legislation etc but from what i have read on here and of my current understanding of the rule i fail to see how i would not win. I also recieved a email a few days after my return and the following was attached. They refere to the delay as technical issues.
Dear Mr xxxxxx,
Thank you for booking with Direct Holidays.
We were sorry to be informed that your flight back to the UK was considerably delayed due to technical
issues within the fleet.
We fully appreciate how frustrating flight delays can be and we are very sorry that the end of your holiday
was affected in this way. Waiting around for a flight for that extra length of time can be very inconvenient.
We work tirelessly to ensure our aircraft depart and land on time, however, there are so many factors that
are beyond our control, or situations we are unable to predict.
It is appreciated that airport terminals are not the most comfortable of places, however, it is essential that
passengers are held together in one place so that a speedy transfer to the aircraft can be arranged, if an
earlier take off time is made available. For this reason, it is not possible for passengers to leave the airport
terminal.
Flight delays are extremely frustrating situations and we appreciate the desire for frequent and up-to-date
information. However, our representatives are reliant on the airline for updates and often, it may be some
time before information is received, in many cases through no fault of the airline.
Whilst very difficult for customers, delays are also extremely unpredictable situations for the airline.
Whether caused by weather conditions, industrial action or technical difficulties, for example, airlines are
often unable to predict how long the delay will be, particularly at the outset. In addition, predicted timings
can often change numerous times over the course of a delay, due to their very nature. It can often
aggravate passengers further if they receive one piece of information one minute and a little later receive
contradicting advice. This can make it very difficult to offer our customers the level of service and
information they expect. We do however, try to ensure that our advice is as consistent as possible.
We do fully sympathise, not only with the impact this had on your holiday, but also with the discomfort you
experienced. Although we are unable to offer any form of refund or compensatory payment, some
insurance companies do incorporate cover for such eventualities within their policies.
In the event that you are able to make a claim relating to this delay from your travel insurance provider the
information below will assist you in doing so.
Would that email from them enhance my claim?0 -
Hi I am a new registrant so please excuse me if I have got this wrong but could someone advise me if there is a time limit for claiming flight delay compensation? I have all the details including the booking confirmation e-mails and my e-mails of complaint and replies from the airline for a flight from an EU country made in 2007
Thanks
Tony B0 -
Hi I am a new registrant so please excuse me if I have got this wrong but could someone advise me if there is a time limit for claiming flight delay compensation? I have all the details including the booking confirmation e-mails and my e-mails of complaint and replies from the airline for a flight from an EU country made in 2007
Thanks
Tony B
Only since 2009 I seem to recall and a quick google search also states this.
I'm sure Centipede will be able to confirm though.0 -
Thanks for the reply centipede100 I did contact the airline back in 2007 complaining and asking for compensation. I was told that the delay was due to a technical problem with the plane so I think I'll give it another try before the 6 years runs out.
Thanks Again
Tony B0 -
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Centipede100, what does Sturgeon and Wallentin Hermann V Alitalia say about technical issues, are they Extraordinary Circumstances and not the airline's fault?
I did a bit of digging (Bored basically :cool:) and as far as I can see the airlines can NOT claim extra ordinary circumstances due to a Technical fault
Comment at bottom of this link
The case in question.However, in the event of a technical default, it is generally difficult for carriers to rely on this defence as a result of the ECJ's decision in Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA (C-549/07).
Friederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA,
The way I read it (not an expert)On those grounds, the Court (Fourth Chamber) hereby rules:
1. Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 .........
.........must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. The Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, is not decisive for the interpretation of the grounds of exemption under Article 5(3) of Regulation No 261/2004.Article 5[Cancellation]
5(3). An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken
2.The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
3.The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.
Basically even if the airline has carried out the (usual) routine maintenance they are still at fault if the aircraft goes "tech" and the flight is cancelled.
(Which IMHO is a little harsh-and may encourage airlines to drop their high safety standards and fly with more technical defects-hoping things don't get too bad in flight!:0 )
And the recent judgment means that "delay" is the same as "cancellation"Articles 5 to 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91,
must be interpreted as meaning that passengers
whose flights are delayed are entitled to compensation under that regulation
where they suffer, on account of such flights,
a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.0
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