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Compensation for delayed flights Discussion Area
Comments
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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 form
Ryanair addressKLM ROYAL DUTCH AIRLINES PLESMAN HOUSE/2A CAINS LANE, BEDFONT TW14 9RL FELTHAM, MIDDLESEX
Phone: 020 87509200 Fax: 020 87509090
BA AddressRyanair 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 address
Compensation per person + Monarch emailJet 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 years
CAA Denied boardingthat 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:
Successful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax
Mooeyitfc Swiss Airlines LCY-Zurich £400
Wheetyfree easyJet flight 5068 Nice to Gatwick on 19th October 2012
Dominicbond BA208 on 24 May2012 €600
Conan WizzAir Unspecified
fabkids BA UK-Australia 08\2012 €600 each,0 -
I have been following this thread for some time, and have followed the advice given, which has been brilliant.
We experienced a delay of over 28 hours due to technical fault with our BA flight to Australia in August 2012. I have just received email from them confirming that they will be settling our claim for €600 each, which is just fantastic. There is just one small point I wanted to check with everyone.
Can passengers under the age of 18 claim? BA have agreed to pay compensation for 2 passengers, but there were 3 of us, including my son who is 14.
I am really chuffed with our claim, just wondered whether I should pursue payment for my son, but don't want to appear greedy.
Thanks x0 -
Centipede100 wrote: »All passengers holding a confirmed reservation are entitled to delay compensation.
Many thanks
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Hi all, experience with Thomas Cook:
23hrs flight delay from Manchester to Cuba (engine failed, had to return to departure airport, next flight 23 hrs later...)
No phone vouchers offered, we also had to pay for our drinks in the nearby hotel that we were told to go to. All we were offered was a free meal in the hotel 5 hrs after the initial departure but nothing up and until then, not even a bottle of water.
I used the moneysavingexpert template to claim based on EU legislation.
Response: same as posted by otherts, Thomas Cook just sends a standard template response deflecting the claim due to "extraordinary circumstances"
However, I do have a letter from the Customer Service Dept. That states "operationally significant defect" as the reason, which I had attached to my original claim. Seems to have been completely ignored.
Next action: i have resent my original letter labeled with "Notice before action" and pointed out that reference cases have clearly confirmed that technical defects are not to be interpreted as "extraordinary circumstances" and that the"operationally significant defect" is such a technical defect.
Lets see what happens next, depending on the feedback I might have to file my claim with the CCA. Update follows, tipps appreciated0 -
Just had this reply back from THOMAS COOK - the letter was a NOTICE BEFORE ACTION letter
Firstly, I would like to thank you for taking the time to write to us about your recent travel arrangements.
Having read the content of your letter, I can see that aspects of the holiday have given cause for concern. I am sorry that this is the case and would assure you that as a business, we utilise feedback to ensure that our products are improved and enhanced to reflect the needs of our customers.
We do advise all guests to view a brochure prior to their departure. This is because it contains valuable information for guests as well as containing the booking conditions, which form part of the contract between us. A letter should be sent to our Customer Relations Department within 28 days of their return from holiday. Failing to complain within 28 days of return may reduce or extinguish any rights the guest has to make a claim from us and ultimately may mean that we are unable to investigate your concerns with our resort based staff.
In light of the above and due to the time that has elapsed since your return and writing to us, I regret to advise that we are unable to investigate the comments. Nevertheless, the information that has been supplied will be shared with our colleagues overseas and our Quality Assurance department, so that we can work with our suppliers to identify any immediate solutions.
In closing I would like to thank you for taking the time to bring this matter to our attention and regret any impact this may have had upon your holiday enjoyment.
Is this in breach of their legal requirement to compensate for a 24 hour flight delay - that was caused due to a "techinal problem" on a flight the day before (which was nothing to do with our flight - it just pushed ours back 24 hours)
Word for word what I received. I have given the CAA the info in the hope they can help.0 -
BA have been in receipt of my inital letter for over two weeks now and Ive not heard a peep from them. Time to get legal on them....0
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So if I leave out the other incidents and focus on that one alone...surely for cost reasons and for the benefit of them by turning back that we should be reimbursed something?
Dumping most of the fuel over the Irish Sea so it was light enough to land back at Manchester seems an expensive option.
Whilst the secondary issues of unsatisfactory food etc clearly had an impact on your holiday, IMO you need to separate yourself from those issues and devote your correspondence to the singular aim of receiving compensation for the delayed flight.
IMO your next step is to issue a letter that is a NBA, you need to state all the main facts like flight numbers, booking references, passenger names, briefly as possible, and *demand* that they return to your claim, as the reason for the delay is a technical issue, not an extraordinary issue, and that the decision to return to Manchester was a commercial decision based on cheaper maintenance facilities.
The point of doing this is not to suddenly expect a return letter from TC saying, "Y'know, you're right, we was wrong, here's a cheque"
The purpose is to create a paper trail that you can show to a court, whereby you show that you have been reasonable and have attempted to settle out of court.
The secondary issues IMO are doomed to failure as your delay was less than 24 hours, and Insurance Co's only cover after 24 hours or more. So bite the bullet on that IMO.
I'm going to make a second post about TC below this, that I wish to keep separate.0 -
I have observed an increasing number of posts from people that are getting the same reply from Thomas Cook, ie a fob off.
It doesn't appear to have been mentioned on this thread, but TC have just announced a near £500 million trading loss for this last year, this is right after a £1.5 billion rescue package last year.
This is a company that is in trouble.
Whilst several million pounds of compensation payouts are not going to be the straw that breaks the camels back - the damage has been overly done at a much higher level - IMO some form of bankruptcy is a potential for this company.
I do not know whether the airline and the package tour company are linked, and if one goes, so does the other.
But my point is that, forum members might devote a considerable amount of time, and expense, in pursuing a successful county court claim against TC, that will remain unpaid, leading to more expense of issuing enforcement proceedings... and if they then go into insolvency their debt with you will not be paid.
So what I'm saying is that you are faced with a devil and the deep blue sea style dilemma, and that you should be prepared to not be reimbursed your expenses of court action if my overview proves correct.0 -
robster999 wrote: »Sorry but only just seen your post. I have been busy chatting to the CAA and at the stage were I am ready to send the email information they advised me to do. The guy I spoke to guessed I was talking about Thomas Cook and he said they were looking for some clarification about the excuse they are using. He said TC are referring to some passenger booking regulations when they say you have to complain within 28 days. He said that was more likely the case when there is a need to complain over poor accomodation or genaral bad experiences holidaymakers have. (My words not his, just my interpretation)
Anyway to sum up he thought I we had a valid complaint and suggested I email the CAA with details and letters etc.
I'm no expert like some of the knowledgeable ones on here, but I would suggest you talk to them and see if they will pursue your complaint. My thinking is I am gathering more and more evidence and the CAA on board (pardon the pun), cant do me any harm.
You're quite correct, there won't be any harm done, and if they can clarify what this week kneed excuse is, and dispute it, then all the better.
But don't think that the CAA will *pursue* your case for you, and claim back your compensation. You'll have to do that still.
Written generally I mean, for all claimants.0 -
Received this reply off them today:
"Although I can fully sympathise with your personal situation, I regret to inform you that we have nothing more to add to what has already been communicated to you in my previous reply."
That was after some other information about them registering my feedback and that the service we received does not reflect their service goals etc. Looks like they're just trying to fob me off once again.
With it being a once in a life time trip to NYC I was lucky enough to keep everything. I've managed to find the itinerary number for the booking of the flights, along with the time/date of original flights and a boarding pass of a connecting flight (also through KLM) a day later than when we should have boarded, proving that we were in fact delayed. I believe this is sufficient evidence so do I send a final email with this information or should I now just issue them with a NBA email/letter? Thanks again for the help.
I believe the final email and NBA can be the same thing.
You state that you have claimed before.
You state that they declined your claim using the 2 year Montreal convention excuse.
You state that they themselves have appealed to the ECJ on this and have been overturned.
You state that the time limit for claims in the UK is 6 years, so *insist* that they revisit your case, and that failure to do so will result in court action without further notice.
IMO give them 28 days for a full and final settlement, state money amounts again etc etc0
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