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Compensation for delayed flights Discussion Area
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Kittenonthekeys wrote: »..Not sure if a District Judge would come into the equation...
District Judge's sit in the County Court where small claims are heard, that's where your claim would be heard if you took it all the way, so this is what claimants ultimately have to think about.
It's about arrival time delays, not departure.Posts are not advice and must not be relied upon.0 -
It's EU Law and their T & C's can't overrule EU Law. They're giving you the brush off.
BTW research about you representing your wife and daughter in the small claims court, if you get it wrong, it'll slow matters down.
Many thanks for that. I must admit I was under the impression they were trying to palm us off after noting their careful wording of "may" reduce or extinguish rights.
I have sent both letters so far on behalf of my wife and daughter albeit they are both in their names and signed as such. I will continue to pursue everything in their names as they were the lead names on the bookings.
Do you think a second letter to Thomas Cook pointing out what you mention is the next step or do I produce the evidence and try the letter to CAA approach.
Thanks again in advance. The help is very much appreciated.0 -
robster999 wrote: »...Do you think a second letter to Thomas Cook pointing out what you mention is the next step or do I produce the evidence and try the letter to CAA approach...
Nope, a letter/notice before action is the next step. see earlier in the thread.Posts are not advice and must not be relied upon.0 -
I've just received a letter from Cyprus Airways stating that the delay I had (10 hours!) was due to a technical problem with the aircraft. They claim this is extraordinary circumstances and will not be paying out. Are they correct or are they talking rubbish?0
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I've just received a letter from Cyprus Airways stating that the delay I had (10 hours!) was due to a technical problem with the aircraft. They claim this is extraordinary circumstances and will not be paying out. Are they correct or are they talking rubbish?
The latter :cool:
See the next post0 -
FAQ's
Answers to FAQ's repeated AGAIN :cool: All blue words are links to relevant posts. Some are quoted just to save you doing that
WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!
Airline bust= no claim
Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.
Flight Stats
Small claims time limit Its 6 years
Package holiday flights ARE covered.
Regulation261\2004
MSE article corrected
Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
Thomas Cook address
Thomas cook incident Oct 26 2012
KLM Claim formKLM ROYAL DUTCH AIRLINES PLESMAN HOUSE/2A CAINS LANE, BEDFONT TW14 9RL FELTHAM, MIDDLESEX
Phone: 020 87509200 Fax: 020 87509090Ryanair Customer Service Department, P.O. 11451, Swords, Co. Dublin, Ireland.
British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG, United Kingdom.
BA complaint web-site
Jet airways addressJet Airways (India) Ltd Jetair House 188 Hammersmith Road London W6 7DJ
Monarch Claim form
Centipede100 Template letter
CAA Template letter
Airline claims 2 years maximum to claim
Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 yearsthat the time-limits for bringing actions for compensation under Articles 5 and 7 of that regulation are determined in accordance with the rules of each Member State on the limitation of actions.
Right to Care
European small claims
Original Sturgeon judgment giving rise to delay compensation:
Legal challenge to Sturgeon judgment:
MCOL:
Succesful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax0 -
Many thanks - what should I do? Dispute with Cyprus Air, or take it further?
Look at the template letters and draft one of your own pointing out that they are wrong and owe you money :cool:
Be prepared to go to court.0 -
Many thanks once again.0
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jeffsirrah wrote: »...Olympic Holidays built the holiday packages up, They selected and employed Strategic Airline for the flight operators. The flight record and number of planes would have shown that Strategic Airlines had a very poor customer service record. it is also alleged that the company changed offices on regular occasions for 'presumably' strategic trading reasons. Olympic did not offer a choice of airline all of it was part of the Olympic package.
Last summer my partner and I also had the 9.5 hour delay along with the loss of are inclusive meals and drink facilities. When we did arrive late and dishevelled we than had to purchase our much needed refreshment from are own hotel.
If Olympic don't have a legal responsibility do they have a moral one. The choice of airline was down to Olympic. Olympic do offer good holidays i would hate for deferred claims to break or weaken this company however holidays were spoilt. Perhaps a percentage off new holidays could be the alternative.
Making tour operators like this responsible for EC 261/2004 obligations to passengers, instead of airlines such as Tor Air and Strategic, may make such tour operators offer holidays differently in future, which could be good for holidaymakers.Posts are not advice and must not be relied upon.0
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