Flight delay compensation, US and Canadian Airlines

24567…76

Comments

  • jsmac
    jsmac Posts: 20 Forumite
    First Anniversary Combo Breaker
    edited 1 March 2013 at 11:31AM
    Thank you Blondmark and Caz3121.

    I want to make sure that I understand correctly what my course of action should be. Since the CAA has already written to Delta twice on my behalf and each time given them 28 days to respond I should therefore move straight to sending Delta a Letter Before Action? (ie. there is no need to send the initial letter as set out in the FAQs)? Should I include details of the correspondence from the CAA in my LBA?

    Unfortunately, Delta Airlines does not have offices in the UK. Their customer service centre is based in France. Am I correct then that I should use the link to the European Small Claims Court procedure given in the FAQs?

    Finally, is there a precedent in any of the judgements so far where the judge has ruled that crew reaching their maximum working hours/lack of crew rest cannot be considered 'extraordinary circumstances'?

    Thank you again for your advice.
  • duchy
    duchy Posts: 19,511 Forumite
    First Post First Anniversary Combo Breaker Xmas Saver!
    A google search brings up this address

    Delta Airlines Inc
    PO Box 24454
    London
    W5 3FH
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • Cat_3
    Cat_3 Posts: 6 Forumite
    First Anniversary Combo Breaker
    Hi there - I sent a claim to Air Transat (c/o Canadian Affair) for a flight from Gatwick to Toronto which was delayed by over 4 hours. Had a response today from Canadian Affair which says that Air Transat "have explained that the delay was the result of a medical emergency on the inbound flight, which had to be diverted to Quebec to arrange urgent medical treatment. As this is an “extraordinary circumstance” outwith the airline’s control, there is no entitlement to compensation on this occasion".

    Just want to make sure this is indeed an extraordinary circumstance? The medical emergency was not on our flight, but on the flight coming in to Gatwick due earlier that day (i.e. the plane which we would travel on later).
  • blondmark
    blondmark Posts: 456 Forumite
    Cat_3 wrote: »
    Hi there - I sent a claim to Air Transat (c/o Canadian Affair) for a flight from Gatwick to Toronto which was delayed by over 4 hours. Had a response today from Canadian Affair which says that Air Transat "have explained that the delay was the result of a medical emergency on the inbound flight, which had to be diverted to Quebec to arrange urgent medical treatment. As this is an “extraordinary circumstance” outwith the airline’s control, there is no entitlement to compensation on this occasion".

    Just want to make sure this is indeed an extraordinary circumstance? The medical emergency was not on our flight, but on the flight coming in to Gatwick due earlier that day (i.e. the plane which we would travel on later).

    The wording of the Regulation expressly states, in relation to extraordinary circumstances, "of the flight concerned", i.e. your flight - not the flight before yours.

    Further, Case C-22/11 Finnair Oyj v Timy Lassooy is authority for the proposition that the knock-on effect of extraordinary circumstances from a previous flight does not create extraordinary circumstances on your flight.

    Finally in a German case Xa ZR 15/10 the BGH held that the airline must show that it exhausted all efforts to avoid a delay by any means available to it including, for example, having available spare aircraft, which your airline has failed to do.
  • blondmark
    blondmark Posts: 456 Forumite
    duchy wrote: »
    A google search brings up this address

    Delta Airlines Inc
    PO Box 24454
    London
    W5 3FH

    I think you're going to have to ask the Court's permission to serve documents on a PO Box number or alternatively to serve proceedings by email. If you obtain a judgment you may be unable to enforce it if Delta holds no assets you can seize. I notice the France office is c/o Air France/KLM. Delta may not wish to have unpaid judgments tarnishing its good name however.
  • gimmeabargain
    gimmeabargain Posts: 27 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Just had an email through from United Airlines, they are giving myself and my partner 300€ compensation each for our delayed Edinburgh-new York flight. They also offered us $1000 flight voucher instead.
  • Cat_3
    Cat_3 Posts: 6 Forumite
    First Anniversary Combo Breaker
    Thanks Blondmark. I emailed again citing the cases you quoted, but they have denied they need to give us any compensation. So have today referred to the CAA by filling out the form on the website. Any idea how long it will be before they respond?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    First Post First Anniversary Combo Breaker
    The last post by a poster stated that the CAA are taking 18 weeks to answer.
    IMO you should file a court claim now after giving them the statutory 14 days notice before action. You have reached impasse.
  • jillsa
    jillsa Posts: 152 Forumite
    gimmeabargain wrote: »
    Just had an email through from United Airlines, they are giving myself and my partner 300€ compensation each for our delayed Edinburgh-new York flight. They also offered us $1000 flight voucher instead.

    Any chance you can PM me the email address you used? I only have a postal address in Houston. Same Edinburgh-NY issue. Thanks
    Jillsa
  • andycprice
    andycprice Posts: 2 Newbie
    After looking through the posts and the information on the ruling, I am not sure if a claim can be made for this flight or not. I think it may be possible to claim but am not completely sure.

    The flight was from Birmingham to Mexico City via a change in New York and all booked on one ticket with American Airlines.

    The leg from Birmingham to New York was fine with no problems, in New York the flight was boarded about 3 hours late (reason not known) after about 30 minutes everyone was taken off due to a mechanical problem (suspect that may have caused the original 3 hour delay as well), about 30 minutes later the flight was cancelled completely as the airport was closed due to snow. My friend then had to arrange own onward flight to Mexico City, as she could do this quicker than American Airlines could, as she was then getting a separate internal flight booked by Mexican friends.

    Even though the trip was booked on one ticket and departed from the UK, as the delay was on the connecting leg which went from outside Europe does this count. As the delay is calculated as being at your final destination, it would seem to indicate she may be able to claim. As the airport was closed by snow about 4 hours after the flight should have left, and the delay until then seems to have been mechanical problems, the weather would not have been an issue if the plane had been working, so again would seem to allow a claim.

    Has anyone come across this situation yet, or have any thoughts on if a claim may be possible.

    Thanks very much.
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