Compensation for delayed flights Discussion Area

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  • Last week my husband and I flew back with Thomson from cancun to London gatwick
    We had a 25 hour delay. due to bad weather the plane was grounded about 7 minutes from the airport, i understand this would not be their fault.
    The weather cleared but the plane was not able to get to cancun as the flight staff had exceeded their flight time so couldn't fly
    Therefore would that make the reason a staffing one?
    We received a letter when we got off the plane from Thomson that said we had a delay of 25 hours and 10 mins it also says we would need to go through our travel insurance to claim. According to out travel ins docs these claims should be directly with the airline. Is this right or should I contact Thomson directly ?
  • Has anyone else here tried to claim for the 51 hour delay on Monarch flight ZB933 that should have taken place 18th August 2012 but actually returned on 21st August 2012?
    I have finally received a reply saying they will not pay compensation due to 'extraordinary circumstances', whereas at the time a letter was given to us saying it was a technical fault!
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    dawn1329 wrote: »
    Has anyone else here tried to claim for the 51 hour delay on Monarch flight ZB933 that should have taken place 18th August 2012 but actually returned on 21st August 2012?
    I have finally received a reply saying they will not pay compensation due to 'extraordinary circumstances', whereas at the time a letter was given to us saying it was a technical fault!

    Suggest you re-post in the Monarch thread, where there is also a list of flights people have claimed for.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    First Post First Anniversary Combo Breaker
    I wouldn't bother finding out any other info, 51 hours delay is going to be impossible to defend IMO, just head for court now.
  • nomf
    nomf Posts: 5 Forumite
    I booked a flight with BA but it was operated by Qantas. The flight was delayed by over 10 hours. BA have replied saying it is not their issue as they did not operate the flight. Qantas have not replied at all. Any idea who should be responsible?
  • Caz3121
    Caz3121 Posts: 15,544 Forumite
    Name Dropper First Anniversary First Post
    nomf wrote: »
    I booked a flight with BA but it was operated by Qantas. The flight was delayed by over 10 hours. BA have replied saying it is not their issue as they did not operate the flight. Qantas have not replied at all. Any idea who should be responsible?

    The operating airline is responsible. As this is a non-EU airline, the flight will also need to have been depating from an EU airport - eg if UK to Australia then outbound flight would count (assuming not outside airline control etc) but the return leg would not
  • sacherlover
    sacherlover Posts: 86 Forumite
    First Post First Anniversary Combo Breaker
    In the How to claim section under Step 2 there is a table showing who to complain to if your claim is rejected or if you have not received a response from the airline (our position).

    Is it me, or is this table ambigous?

    Our flight was from Spain, but the table show either
    Departure country: EU (not UK) with
    Airline based in: EU (not UK)

    Our situation is EU (not UK) AND the airline IS based in the UK.

    I am unsure whether to write to the CAA or their Spanish equivalent.

    It would help if there was an extra row for departure from EU (not UK) and Airline based in UK.

    Thanks in advance,
  • 111KAB
    111KAB Posts: 3,645 Forumite
    Combo Breaker First Post
    In the How to claim section under Step 2 there is a table showing who to complain to if your claim is rejected or if you have not received a response from the airline (our position).

    Is it me, or is this table ambigous?

    Our flight was from Spain, but the table show either
    Departure country: EU (not UK) with
    Airline based in: EU (not UK)

    Our situation is EU (not UK) AND the airline IS based in the UK.

    I am unsure whether to write to the CAA or their Spanish equivalent.

    It would help if there was an extra row for departure from EU (not UK) and Airline based in UK.

    Thanks in advance,

    Spanish NEB in Madrid - took me 4 months to obtain a reply.
  • deefizz
    deefizz Posts: 12 Forumite
    Hello,

    Has anyone else made a claim to Delta Airlines?

    I have and received this response via KLM...

    Thank you for your message received on the 25th March 2013. We would like to inform you that Air France and KLM handle customer care correspondence for Delta Air Lines in Europe.
    We were sorry to learn about the incovenience you experienced when flight DL 64 from Atlanta to Manchester on 9 March 2012 was delayed by four hours and 14 minutes due to a technical problem requiring a change of aircraft. We truly regret that you found yourselves in the situation described and we apologise for any disruption caused.
    While we can only regret that incidents such as this prevent us from maintaining a reliable service, we would like to explain that this was clearly an extraordinary circumstance and therefore not a situation where Delta Air Lines as a non-EU based airline has a legal liability to pay compensation when you are departing from an airport not located within the EU. Seeing that, we are regrettably unable to offer compensation in accordance with the European Regulation EU261. We apologise for any misunderstanding may have arisen and appreciate the opportunity clarify our stand in the matter.

    A technical issues isn't extraordinary circumstances. Also, I thought as long as the airport I was flying into was in the EU, Delta would be liable for the delay - is this wrong? If I can't claim via the EU ruling, does anyone know f a way I can claim successfully?

    Thank you.
  • Caz3121
    Caz3121 Posts: 15,544 Forumite
    Name Dropper First Anniversary First Post
    deefizz wrote: »


    A technical issues isn't extraordinary circumstances. Also, I thought as long as the airport I was flying into was in the EU, Delta would be liable for the delay - is this wrong? If I can't claim via the EU ruling, does anyone know f a way I can claim successfully?


    yes this is wrong, to qualify for compensation you need to be either travelling on an EU airline or on a non-EU airline departing from an EU airport....had the delay been on a Delta flight from MAN-ATL then you could have claimed
    You could try and see if your travel insurance covers you for any delay...although often this is something minimal like £20 for each 12 hours
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