Compensation for delayed flights Discussion Area

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  • JPears
    JPears Posts: 5,086 Forumite
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    Thank you - love the phrase chocolate teapot. Am swaying towards small claims court but it feels a little scary - has anyone had any success with small claims court and Thomson Airways? My claim would be for 5 passengers at 600 Euros each which is a hefty amount and I'm sure they would contest it and throw lots of legal jargon at me.
    BB - there are a whole glut of claims about to be heard at County Courts in next 4-6 weeks - watch this space.
    Unless they are settled before, out of court.
    If you're new. read The FAQ and Vauban's Guide

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  • HeliS
    HeliS Posts: 2 Newbie
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    Hi, Can anyone tell me if I can claim for a flight delay of over 12 hours for a Gatwick to Dubia flight taken in Jan 2010?

    Thanks
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    edited 9 May 2013 at 3:43PM
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    Seems to me that folk are upset with the CAA because they are not doing what people on here think they shoud, though they are no doubt doing the job they are appointed to do in the way they are intended!!

    A careful look through the CAA website will turn up a document explaining how they enforce customer legislation. The steps they take and why.
    It also shows that the £5000 pound figure banded around on here would be a criminal charge brought by them acting as the equivalent of the CPS.
    And court action under the Enterprise Act would be in a civil court!
    Now, as far as I know, to make a criminal prosecution it must be againest an individual not a coporate entity (which is why the HSE has so much trouble following deaths at work)

    They also talk about them ensuring that any court action is in the public interest, now it certainly would be in the interest of those seeking compensation, but is that in the overall public interest?
    If court cases at that level reduce confidence in airlines and they go out of buisness (those that have got the "revenge" hat on will no doubt think so)

    But, to lose anothr airline, especially in the charter market (where profits are very low or non-existant), would reduce competition so possibly increase costs to customers, possibly deter others from taking their place, strand thousands of folk abroad (just think they would need the other airlines to bring them back, who may now be reluctant to do so as if it delays their own passengers they then have to pay compensation!!!) and ruin future holidays for thousands!

    But don't take my word for it, go and find it yourselves
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Ich wrote: »
    ... They also talk about them ensuring that any court action is in the public interest, now it certainly would be in the interest of those seeking compensation, but is that in the overall public interest?

    I think, Ich, the question you are asking is: is it in the public interest to ensure that UK airlines abide by their legal obligations to their passengers.

    I would say yes, it is. Controversial? Not really.
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
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    Unfortunately it isn't about what we think, it's about what the CAA decide within their governance rules.
    I'm just trying to suggest a possibility for the present situation
  • Caz3121
    Caz3121 Posts: 15,552 Forumite
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    HeliS wrote: »
    Hi, Can anyone tell me if I can claim for a flight delay of over 12 hours for a Gatwick to Dubia flight taken in Jan 2010?

    Thanks

    depends on the reason for the delay - have a read of the FAQs
  • Den_ram
    Den_ram Posts: 29 Forumite
    edited 9 May 2013 at 6:51PM
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    Reading all these posts and feeling very negative... No one seems to be winning any claims!
    My party of 9 had an 18 hour delay with monarch in 2008 from Manchester to Orlando Sanford and again in 2010, 11 of us had a 24 hour delay with thomsons from Sanford to Manchester.
    First flight we boarded then had to get back off as there was a technical issue, by the time it was resolved, the crew had ran out of hours so ended up in a hotel that night and flew the next day.
    The second flight, the aircraft we were supposed to be boaring was stranded in Cuba with technical issues therefore we had a 24 hour delay.
    Advice please... Is it worth perusing the claims? Thanks in advance
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Den_ram wrote: »
    Reading all these posts and feeling very negative... No one seems to be winning any claims!
    My party of 9 had an 18 hour delay with monarch in 2008 from Manchester to Orlando Sanford and again in 2010, 11 of us had a 24 hour delay with thomsons from Sanford to Manchester.
    First flight we boarded then had to get back off as there was a technical issue, by the time it was resolved, the crew had ran out of hours so ended up in a hotel that night and flew the next day.
    The second flight, the aircraft we were supposed to be boaring was stranded in Cuba with technical issues therefore we had a 24 hour delay.
    Advice please... Is it worth perusing the claims? Thanks in advance

    I think there's no harm in perusing the claims - whether you want to pursue them, however, depends on whether you have the time, the talent and the tenacity to see it through. Only you can make that call.
  • maghater
    maghater Posts: 349 Forumite
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    Den_ram wrote: »
    Reading all these posts and feeling very negative... No one seems to be winning any claims!
    My party of 9 had an 18 hour delay with monarch in 2008 from Manchester to Orlando Sanford and again in 2010, 11 of us had a 24 hour delay with thomsons from Sanford to Manchester.
    First flight we boarded then had to get back off as there was a technical issue, by the time it was resolved, the crew had ran out of hours so ended up in a hotel that night and flew the next day.
    The second flight, the aircraft we were supposed to be boaring was stranded in Cuba with technical issues therefore we had a 24 hour delay.
    Advice please... Is it worth perusing the claims? Thanks in advance
    Sounds like a basis for two good claims, Technical issues shouldn't normally count as ECs, and I cant see how crew running out of hours in Manchester should greatly affect a Monarch flight, once they had identified the technical issue and the likely time line, they should have been able to rosta crew accordingly. Second flight knock on effects don't count as ecs so get writing
  • Den_ram
    Den_ram Posts: 29 Forumite
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    Vauban wrote: »
    I think there's no harm in perusing the claims - whether you want to pursue them, however, depends on whether you have the time, the talent and the tenacity to see it through. Only you can make that call.

    I have all of those!! Point is by European law they must legally pay out but they still seem to be wriggling out of it one way or another! I don't believe any of my circumstances were "extraordinary" but the airline may think differently!
    I contacted both airlines at the beginning if the week so I shall wait for a response! Fully expecting 2 rejections though!!!
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