Compensation for delayed flights Discussion Area
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Yes they had BA flight numbers under code share0
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Many Thanks for the information , thats what I'll do0
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Hi all,
Just a couple of questions about a flight my partner and I were on 27/08/11, from LGW to KGS (Kos). In the end the flight was delayed by around 11.5 hours; it was supposed to depart at 15:50, but didn't depart until around 03:20 the following day. We were stuck inside Gatwick departure lounge for the entire time. We are looking to claim €400 per passenger.
Towards the end of our wait, Tor Air produced the following letter, which they handed out to all passengers:Sunday 28th August 2011
Dear Sir/Madam
Please accept our sincere apologies for the delay that you are experiencing with your flight to Kos, Greece. lt has been delayed due to hydraulic problems with the aircraft originally operating your flight, therefore we have sub-chartered another aircraft from Skywings Airlines.
Please rest assured that we are doing everything possible to minimise any further delay, and we will keep you informed of our progress. We are currently estimating a departure time of 0240 Local. Please monitor the information displays for updated information.
For your comfort during this delay we have asked our agents in London Gatwiok to arrange refreshment vouchers to the value of £5.00, this is in addition to the £15.00 you have already received.
Q1) I assume this letter means they won't be able to use the "reasons beyond our control" excuse, since technical faults are now reasoned to be under the control/responsibility of the airline?
Q2) While the flights were operated by Tor Air, we actually made the booking using Olympic Holidays, and our ticket copies have Olympic Holidays headers. Who do we appeal to compensation from? Tor Air or Olympic Holidays?
Q3) I don't think Tor Air have a UK base/office - will this make claiming compensation harder?
Q4) When is the optimal time to claim compensation. Having followed the Sturgeon case I now see that the courts appear to be moving in our favour, but the final decision is not until September? Do I need to wait until then, or proceed now?
Q5) Has anyone produced a reasonable letter template to use? (Sorry haven't had time to trawl back through previous pages)
Many thanks!!0 -
I wonder if someone might be able to help me... I think I understand the rules but before I contact the airline I'd love just to check I'm in the right!
My friends were due to fly today from Gatwick to Nice. They arrived at the airport, checked in, were told the flight was on time etc, but 10-15 minutes later once they'd cleared security etc, they saw on the board that the flight was cancelled.
They spoke to a BA rep who said it was a 'technical fault' that meant that the flight was cancelled and they had two options. 1) Take the next available flight at 7pm tonight (original departure was just before 1pm), or 2) make their own way to Heathrow on the coach and take the 3.30pm flight which BA would transfer them onto. As they didn't want to wait 6 hours at the airport they did the latter.
No further help or assistance was given or offered by BA to them (or any of the other travellers - some with children). They had to retrieve their luggage, get the coach to Heathrow, check in again etc.
This seems like a very legitimate claim under EU Regulation 261/2004, but perhaps someone can confirm. I believe that their arrival will be delayed by about 3 hours in total (to be confirmed when they land).
They say the strangest part was how the flight was cancelled with such short notice, no warning and no help given.
Many thanks for any pointers on this!0 -
Centipede100 wrote: »
As they arrived in NCE with a delay of less than 3 hours from their originally-scheduled arrival time, there is no further claim on the airline.
Thank you so much for this. It sounds like a very sensible idea for them to reconfirm just in case!
One clarification please. You say that as the delay was less than 3 hours that there is no further claim, however I thought that was for 'delayed' flights. This flight was 'cancelled' - with a 'technical problem' quoted. Does that not mean that there is an entitlement to the 250E for a cancellation resulting in a delay of more than 2 hours. Or have I misunderstood it?
Thank you for your time!0 -
Thank you so much for this. It sounds like a very sensible idea for them to reconfirm just in case!
One clarification please. You say that as the delay was less than 3 hours that there is no further claim, however I thought that was for 'delayed' flights. This flight was 'cancelled' - with a 'technical problem' quoted. Does that not mean that there is an entitlement to the 250E for a cancellation resulting in a delay of more than 2 hours. Or have I misunderstood it?
Thank you for your time!
This is what they need to ask BA as well
“You have claimed that the aircraft had a technical fault but gave no details. If you wish to use this to substantiate a defence of extraordinary circumstances, I ask you to submit proof to me that meets or exceeds the very high standards set out by the ECJ in both the Wallentin-Hermann and Sturgeon rulings dated 22/12/2008 and 19/11/2009 respectively. In this context, it is insufficient to merely claim extraordinary circumstances, as the Regulation requires you to prove it and I would like to examine such evidence.
If you fail to provide me with answers or co-operate with me fully, I must also draw your attention to the relevant Practice Direction concerning pre-action conduct prior to proceedings in the County Court here in England. If necessary, I will produce copies of our correspondence to date to the Court when and if, I decide to take legal action”.
Taken from Ian41, a reply to myself
That is of course if they start claiming 'extraordinary circumstances' due to technical errors with aircraft0 -
Hi everyone. Any help will be massively handy. Sorry for the long post;
Girlfriend and I have just had a delayed flight from Tenerife to Gatwick. Fri 08/06/12 .Flight TCX3213 scheduled for depart 13.40.
We took off apprx 8 hours after departure time - 21.40
Now from reputation we all can expect Thomas Cooks customer care to be minimul. It was.
We were given 10euro food vouchers for the whole duration so meals care was covered on TC behalf (round of applause).However we Asked for and were DENIED phone calls, internet access, scanner or printer use and even to speak to a Fly thomas cook rep in U.K as we were told there are not any present in Tenerife. (hmmm
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So our main concerns were a)landing in time to catch a train from Gatwick home (family in hospital might I add) or b)arranging accommodation if not possible. Thomas cook reps gave no help and palmed us off to speak to insurance. But would not provide phone or email.
Called insurance off mobile, who stated there has to be 12 hour delay before claims are considered!
Question: when does the delay begin and end? In total we were delayed over 12 hours if factor in check in times, flight time and baggage claim etc.
The reason for delay? Weather conditions in the U.k. Ok we can accept that as a valid reason, but then there were at least 6 other GTW flights that day and numerous other flights to other LDN and U.K airports.?!?
We tried several other airlines who were fully booked, all we were offered were flights to Madrid, then a Gatwick flight the next morning. Sort of irrelevant so I have yet to mention that my girlfriends dad was taken hospital Thurs night so we were stressing about that too.
I am no expert and get confused with all this. Where do we stand?
Shall we challenge the delay reason? Should we be entitled to a claim or refund? Before I write to Thomas Cook complaining about the poor customer service do I need to cover any more angles?
Hope to hear from you all;
Grant0 -
The delay will be measured from the scheduled time of arrival to the actual time of arrival...this may be more or less that your delay in departure depending if they made up some time or lost some time.Question: when does the delay begin and end? In total we were delayed over 12 hours if factor in check in times, flight time and baggage claim etc.0
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