Compensation for delayed flights Discussion Area

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  • zorber
    zorber Posts: 1,107 Forumite
    First Post First Anniversary Combo Breaker
    Caz3121 wrote: »
    how did you get from Atlanta to Orlando if you did not use the ticket for that leg? Did Delta not transfer you to another flight or did you have to buy a ticket on another airline?

    There were no flights free. this was easter and they were all mostly full planes. people were being told 4-7 days to get where they needed.
    We drove. and it was virtually impossible to get our hands on a car as everyone else was doing the same.

    Delta melted down!
    http://www.myajc.com/travel/delta-flight-cancellations-continue-friday-was-like-madhouse/D4xg1oVDWwiuOU2kWNgQSI/

    our plane was there but no flight attendants
    "Save the cheerleader - Save the world"
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    zorber wrote: »
    Take them to small claims court. The EU court have set a precedent already on this with the ruling i linked to before.
    I fully realise they will say no first time and second time but it will go to court and a judge can rule. There was 10 of us so 6000 euros is worth chasing

    We'll best of luck - and keep us posted. I hope you win, though I imagine the airline will fight for €6000 (one tip could be to make a claim for just for one passenger in the first instance - lower court fees, less airline attention - and if you win to use that to secure the other nine claims).

    The problem you'll have is that conventional wisdom (including in the CAA - fwiw - is that the successful application of the Folkerts judgement on connecting flights requires there to be at least a small delay on the EU leg of the journey in order to qualify. This doesn't apply in your case, I think.

    But I really do wish you all the best.
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    Vauban wrote: »
    ....the successful application of the Folkerts judgement on connecting flights requires there to be at least a small delay on the EU leg of the journey in order to qualify.....

    Sounds reasonable.
    Posts are not advice and must not be relied upon.
  • zorber
    zorber Posts: 1,107 Forumite
    First Post First Anniversary Combo Breaker
    Vauban wrote: »
    We'll best of luck - and keep us posted. I hope you win, though I imagine the airline will fight for €6000 (one tip could be to make a claim for just for one passenger in the first instance - lower court fees, less airline attention - and if you win to use that to secure the other nine claims).

    The problem you'll have is that conventional wisdom (including in the CAA - fwiw - is that the successful application of the Folkerts judgement on connecting flights requires there to be at least a small delay on the EU leg of the journey in order to qualify. This doesn't apply in your case, I think.

    But I really do wish you all the best.

    Yes i agree with the thought process, no initial delay so didnt happen in EU.

    However the Folkerts judgement near the bottom it states, "That compensation is not conditional upon there having been a delay at departure" and its this pointing i am hopping will win through.

    Its a very good idea to claim for one passanger first, i hadnt though of that, i didnt realise it was possible. I was going to break it down into 7 and 3 as that was how the flights were booked. (two families)
    "Save the cheerleader - Save the world"
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    zorber wrote: »
    .... the Folkerts judgement near the bottom it states, "That compensation is not conditional upon there having been a delay at departure" and its this pointing i am hopping will win through....

    How long was the delay on first arrival at the US airport?

    Do you think a Judge at a hearing will feel your claim is reasonable under the EU reg or perhaps other?
    Posts are not advice and must not be relied upon.
  • My flight from Malta to Gatwick was delayed by 6.5 hours. Due to leave 25 April 21:35, left 04:00 26 April due to an earlier flight having to divert due to medical emergency. Unfortunately 2 crew members also couldn't continue the journey so had to be replaced.
    Been told by easyjet that we are not entitled to compensation as it's an extraordinary circumstance but is this definitive?
    We were left with absolutely no information or updates; the only time staff spoke to us was to give us our meal voucher (for the most expensive food outlets in the airport).

    Looking for advice basically; is there anywhere else I can take this? Would it even be worth it? Have never posted on the forum before so appreciate any comments!
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    Mummykaren wrote: »
    My flight from Malta to Gatwick was delayed by 6.5 hours. Due to leave 25 April 21:35, left 04:00 26 April due to an earlier flight having to divert due to medical emergency. Unfortunately 2 crew members also couldn't continue the journey so had to be replaced.
    Been told by easyjet that we are not entitled to compensation as it's an extraordinary circumstance but is this definitive?
    We were left with absolutely no information or updates; the only time staff spoke to us was to give us our meal voucher (for the most expensive food outlets in the airport).

    Looking for advice basically; is there anywhere else I can take this? Would it even be worth it? Have never posted on the forum before so appreciate any comments!

    Hi Karen,

    You have a valid claim, please copy and paste your post onto the EJ thread here...

    http://forums.moneysavingexpert.com/showthread.php?t=4384709

    Have a read of the last few pages of the EJ thread too. Some relevance to your claim.

    You will get help there.

    Thanks.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
    Name Dropper First Anniversary First Post
    Try putting your flight number into a couple of free NWNF checkers...EUClaim, bottonline...if they confirm compensation is due it should be simple...have a search for Vauban's guide and issue NBA
  • zorber
    zorber Posts: 1,107 Forumite
    First Post First Anniversary Combo Breaker
    richardw wrote: »
    How long was the delay on first arrival at the US airport?

    Do you think a Judge at a hearing will feel your claim is reasonable under the EU reg or perhaps other?

    We arrived on time, then as we reached the gate it flagged up a 3 hour delay which then became a 3.5 hour delay and then just got cancelled.

    Using the basis of the hearing that i quoted in previous post then i dont see why not.

    They ruled and said that if the delay in getting to the destination was more than 3 hours not conditional on a delay happening on the first or EU legs, because it is a one ticket from departure to destination.

    Ultimately they couldnt even get us to the destination!!

    We have screen shots proving the delay and then the cancellation.

    Its not an easy case and i agree with people who said Delta will fight it. But for the cost of small claims if a win happens It would be a massive result.

    Im just annoyed that if we had waited for Delta to sort them selves out we could have been stuck in and airport for 3-4 days no suitcases. Lots of posts from the americans on different forums says they got $200 dollar compensation each and 20000 sky miles.
    How lucky i will be i dont know but Delta know they messed up big time and showing a judge that they are compensating the americans like that may well sway it so he/she agrees with us!! But we are a way off that right now!
    "Save the cheerleader - Save the world"
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    After reading this http://europa.eu/rapid/press-release_CJE-13-18_en.htm I think you'd possibly be wasting your time Zorber claiming for EU compensation, your time could be better spent just claiming for the best possible that you've already researched on forums.
    Posts are not advice and must not be relied upon.
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