Flight delay compensation, US and Canadian Airlines

After contacting my solicitor about a small claims, he wrote off to United and they have said that delays were effective the previous day for lots of flights coming in from Newark, due to lightening. This caused a delay to our departing flight. I have checked flight stats and there were indeed lots of flights delayed or cancelled. Why could someone from United not have explained this back in June 2015!!!!! I guess my fight has come to an end.

JPears wrote: »

You may find this link to a posting with several links regarding through flights.
http://forums.moneysavingexpert.com/showpost.php?p=70808296&postcount=9557
EU take the opposing view to United.
Perhaps write one more time with a copy of the EU determination, making the letter an NBA with 14 dyas to pay. Then start legal proceedings. You may find either of those stgae but particularly the latter prompts a response and hopefully payment.

United response quotes"In the preamble to European Regulation EC261/2004, recital (15) says that air traffic management decisions that effect a particular aircraft on a particular day and result in long delays, overnight delays, or the cancellation of one or more flights by that aircraft, are considered an extraordinary circumstance and therefore not compensated under the Regulation"

It is a local solicitor, being in N.Ireland, I doubt any Solicitor has experience of flight delays.

What do you think??

Thank you.

The plane we were getting on in Belfast was coming from Newark to Belfast at 9.15pm. However due to lightening in the area, it did not leave Newark until 12.05am, which meant that it did not arrive in Belfast until 12noon on the day of our flight (5hr time difference). This made our outbound flight to Newark almost 2 hours late departing. Therefore we had to be booked onto a later connecting flight (all booked as one flight) to Orlando. In total we were 4hrs 5 minutes late at disembarkation.

I hope this makes sense!

I have had numerous posts on here since June 2015 and lots of people have said I have a claim.In fact one lady had exactly the same situation and got compensation. I used all the example letters on this site and followed all the proper procedure. I have read the whole Regulations and case law and I am confident I have a case. I have never heard of Botts but I will look it up.

Thank you

Ianpeterson83 wrote: »

After quite some time Delta have agreed my compensation for a delayed flight.

I was claiming for the full €600, however, they have reduced this by 50% to €300 as they claim the flight was scheduled to arrive at 9.25pm (making the delay 3hrs58mins).

In fact the actual arrival time of the flight was 9.33pm (making the delay 4hr8mins)

Should the compensation be based on the scheduled or actual arrival time?

We are talking a difference of minutes but the monetary difference is €300

Thanks
Ian

Hi,

The arrival time is based on the time the first door is opened, i.e after taxi and engine stop.

Good luck.