Compensation for delayed flights Discussion Area

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  • Cornball
    Cornball Posts: 256 Forumite
    I've been trying to claim from Air Transat for a flight from Toronto to London but they are denying the rule applies to them as they aren't an EU airline. They have a registered UK office listed on Companies House but they say that's just for 'ticket sales'. Do I still have a right to make a claim?
  • jpsartre
    jpsartre Posts: 4,085
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    The relevant question is whether they're an EU community carrier or not. Since Air Transat is a Canadian airline I can't imagine they are, in which case they are correct that the EU regulations do not apply to your flight.
  • So, I have just received this from Monarch as 'advice' before filling out the formal form requesting compensation:

    You may not be entitled to compensation despite suffering a delayed flight where the delay was caused by..........................

    I'm trying to think if there could be a reason why a plane could be delayed that is not included on that list...

    If you can think of a reason, Monarch would be grateful if you would contact them in order it could be included in their next standard fob off letter! :)
    I started out with nothing and I still have most of it left!

  • Cornball
    Cornball Posts: 256 Forumite
    jpsartre wrote: »
    The relevant question is whether they're an EU community carrier or not. Since Air Transat is a Canadian airline I can't imagine they are, in which case they are correct that the EU regulations do not apply to your flight.

    Thanks, that's the bit I'm trying to suss. From their own website it states:

    As an airline operating flights from airports within the European Union, Air Transat is subject to the provisions of European Community Regulation 261/2004. This directive establishes a legal framework for the compensation and care of passengers by airlines in the event of overbooking/denied boarding, flight cancellations and long delays.

    In November 2009, the European Court of Justice issued a ruling that extended financial compensation obligations to long delays as well.
  • jpsartre
    jpsartre Posts: 4,085
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    Cornball wrote: »
    Thanks, that's the bit I'm trying to suss. From their own website it states:

    As an airline operating flights from airports within the European Union, Air Transat is subject to the provisions of European Community Regulation 261/2004. This directive establishes a legal framework for the compensation and care of passengers by airlines in the event of overbooking/denied boarding, flight cancellations and long delays.

    In November 2009, the European Court of Justice issued a ruling that extended financial compensation obligations to long delays as well.

    Air Transat is subject to EU261 but only for flights departing from the EU (again, assuming they're not a community carrier).
  • Cornball
    Cornball Posts: 256 Forumite
    jpsartre wrote: »
    Air Transat is subject to EU261 but only for flights departing from the EU (again, assuming they're not a community carrier).

    Okay, thanks again. So going a bit more into what is a community carrier:

    A community carrier is defined in article 2(c): "'Community carrier' means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (ECC) No 2407/92 of 23 July 1992 licensing of air carriers"

    From the Air Transat website again:

    Air Transat holds licenses to operate scheduled flights between Canada and the following countries: the European Union (representing its 27 member states)

    I guess I search for info on that now.
  • Cornball
    Cornball Posts: 256 Forumite
    You have no claim against Air Transat for a delayed flight from Toronto to London.

    Air Transat have EU based branches of their company and I bought the tickets from their EU based branch. I'm not giving up yet, doing more research. But thanks.
  • gmar96
    gmar96 Posts: 33 Forumite
    Hi all (particularly Centipede),

    I just received a second denial letter from Qatar in which their response to my Notice of Intention is ...

    'if you wish to proceed with any court action, then we would of course provide a full and valid defence to the court.'

    Additionally they highlight that I was offered travel vouchers for the 2 passengers in question and used them. Would I be wrong in assuming that that fact does not preclude me from making a subsequent claim?

    Seems they think it does because...'we therefore view this matter as closed and regret that we are unable to assist you further in respect of this claim.'

    All correspondence now with a member of the CAA because I am trying to exhaust every avenue before taking this to court.

    Best of Luck

    Gman:T
  • As i mentioned previously-i had a 5 hr delay on 19th june 2012-blocked toilet-on all accounts length of delay etc it qualifies for compensation-the caa seem unable or unwilling to enforce my standard claim-hence as mentioned in multiple replies over last few weeks CCJ seems the only route-it is likely that cases will be settled by thomas cook to avoid CCJS being actually made-as their bankers would probably consider tough action should these start to appear-i worked for a bank for 20 years.There is a set proceedure to do this yourself,or you could take up the advice mentioned many times of checking if you have legal expenses cover.I note that some have had success with Easyjet and no doubt their stronger financial position and hope of subsequent goodwill has influenced their decisions.
  • Cornball
    Cornball Posts: 256 Forumite
    If you want to waste your time that's your prerogative!

    Appreciate all your contributions and guidance in this thread (really and truly, it's been most helpful) but even if you said, 'Blimey, you've got a golden ticket!' I'd still do my own research and verify the information. At the end of the day your posts are your opinion and I will take them as purely that.
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