Compensation for delayed flights Discussion Area

kittysboy · 3 February 2013 at 5:52PM

Hi, With all the press reports about the European court decisions. I just wondered if that might help us. We were left stranded at Nantes airport in June 2010, the flight with Ryanair was cancelled about an hour before we were due to fly, it was the day the French had a national strike about pensions. Ryanair did not offer any help with food or hotels. There were 7 in our party including 2 children. We were given a flight home 2 days later. In the mean time we had to find somewhere to stay. We spent a lot of money on taxis food and accommodation. On our return Ryanair did not want to know, and we only had basic insurance so we were left out of pocket. The press are saying that we could claim compensation is that true. We cant claim the other expenses as we have not kept the receipts .Any help much appreciated.Regards Johnboy.

richardw · 3 February 2013 at 6:12PM

Kittysboy, it is unlikely that a judge would agree that the strike was 'ordinary circumstances' so compensation for cancellation is not possible.

This week's case was about Article 9 Right to care of EU reg Ec261/2004.

Do you have a record of the hotel or restaurant bill on a bank or card statement?

blondmark · 3 February 2013 at 10:44PM

spaceaarvark wrote: »

This would be the form that said "we'll aim to respond in full within 56 days upon receipt of your completed form, but from time to time it can take longer"?

I think you'll have to be a bit more patient! I have put a reminder in my diary at 10 weeks after I sent the forms in...

There's no legal requirement to play these waiting games. I gave Thomson 14 days to settle then issued proceedings.

samwardill · 4 February 2013 at 3:59AM

I have a cancellation claim against Aer Arrann. It was rejected (I believe incorrectly) by the Irish regulator. I am considering using a claim management company as it will not be simple. Does anyone have any positive experience of a claim management company used for flight compensation claims?

irisradford · 4 February 2013 at 10:34AM

Just received notification from B.A. that my compensation claim for a B.M.I. Baby flight from EMA to Malaga has been successful. This is after 2 recorded delivery letters, 4 e-mails and filling in the online form twice. Just got to wait until they pay it into my bank now.

Bradders20 · 4 February 2013 at 1:51PM

Hi all

I was delayed but over 3 hours on a booking for 5 people in December last year. I used the templates and wrote to the airline via their website (with a claim of 1250 Euros) and received this response:

Thank you for contacting our Customer Relations Department. Please accept our sincere apology for the inconvenience caused by the long delay of your flight.

With regards to your claim we would like to draw your attention that the flight W6 2901 on December 18, 2012 was delayed due to an unexpected technical problem (failure of the blue hydraulic system) that needed immediate attention in order not to jeopardize the safety of the flight.

Please consider that Wizz Air as operating air carrier shall not be obliged to pay compensation, if cancellation or long delay is caused by extraordinary circumstances according to Art. 5. par. (3) of Regulation (EC) No 261/2004 of the European Parliament and of the council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

Originally Art.5. par. (3) of the Regulation applies to flight cancellations but the European Court of Justice in its judgments concerning compensations for long delays of flights extended the application of Art.5. par. (3), stating that the airline shall not pay compensation for long delays, if the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

We would like to inform you that according to the operative EC regulation and our General Conditions of Carriage, in case of a flight delay we are willing to reimburse your expenses occured directly due to the delay such as meals, refreshments and two brief telephone calls can be reimbursed in reasonable relation to the waiting time upon reception of supplementing invoices.

As for the additional expenses, we kindly ask you to forward all related invoices, as an attachment to your reply, so that we can determine a possible compensation and please send us the further information:

- IBAN

- swift code

- full name of the bank

- account holder's name

- account currency.

In conclusion, we maintain that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of Wizz Air.

Again, please accept our deepest apologies for the inconvenience and disappointment caused. Thank you for your time and consideration.

Best regards,

Anita Ol!h
Customer Relations Department

Any advice on how to proceed from here, please?

Thanks
Brad

thalia22 · 4 February 2013 at 2:51PM

Hi all,
I am just updating this forum with relation to the protracted timescales for taking court action. Flight problem case was 12/12/2010, flight delays 8 hours. Issued initial claim 6/1/2011, received continual rebuttles. Received AESA report 19/10/2011 upholding claim, could not issue Legal proceedings in UK as Courts were rejecting claims, until ratification By ECJ of EU261/2004 by Court Case C-629/10, which was ratified by EU Grand Chamber 23/12/2012. I issued a 7 day final notice to Iberia, no response, So issued proceedings on the 8/11/2012. Just received Court Order papers, and notice to allocation track, giving the actual Court Hearing Date of 30/4/2013. Thats a period of 173 days from commencement of Court documemtaion, and a total period of 2 years 114 days, from my intial letter of claim against the airline. I thought it prudent to let this forum know of the protracted timescale of events, as some guidance for those who have, or about to embark on court action. I will keep this forum updated as to the outcome. Refer:- #2016 page 101, #2187 page 110, #3285 page 165, #3345 page 168, #3917 page 196, #4512 page 208,#4819 page 241, # 4983 page 249.

Mark2spark · 4 February 2013 at 5:07PM

Bradders20 wrote: »

Hi all

I was delayed but over 3 hours on a booking for 5 people in December last year. I used the templates and wrote to the airline via their website (with a claim of 1250 Euros) and received this response:

Blah blah blah *technical issue*

Any advice on how to proceed from here, please?

Thanks
Brad

Yep, simple, assuming your in England, file a MCOL without further ado.

jedbartlet · 4 February 2013 at 5:17PM

irisradford wrote: »

Just received notification from B.A. that my compensation claim for a B.M.I. Baby flight from EMA to Malaga has been successful. This is after 2 recorded delivery letters, 4 e-mails and filling in the online form twice. Just got to wait until they pay it into my bank now.

Congratulations irisradford. I have written to IAG (BA) twice, no response whatsoever. Phoned the CAA today. Do you have a contact or a department I could address my next letter too? And and email address at all? Many Thanks!

Bradders20 · 4 February 2013 at 5:22PM

Mark2spark wrote: »

Yep, simple, assuming your in England, file a MCOL without further ado.

Thanks for that - although, according to the advice page on here, it suggests I contact the aviation authority in Slovenia (where I was delayed flying back from) first.

Should I do anything else first, or go straight to the MCOL route?

Compensation for delayed flights Discussion Area

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