Compensation for delayed flights Discussion Area

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  • Elaine60
    Elaine60 Posts: 13 Forumite
    Vauban wrote: »
    Not necessarily.

    When in April? You will need to start court proceedings the day before the sixth anniversary of the flight, but you also need to give the airline reasonable notice before you start proceedings (14 days is regarded as the norm). This is the Notice Before Action letter, and will show a judge you have tried to settle this reasonably.

    Have you been in touch with Thai Air yet?

    I've been in touch by telephone and email, but no response as yet. I have sent an email today asking for a response within 3 working days and advised that I will commence proceedings within the requisite timeframe.
  • Vauban
    Vauban Posts: 4,736
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    Elaine60 wrote: »
    I've been in touch by telephone and email, but no response as yet. I have sent an email today asking for a response within 3 working days and advised that I will commence proceedings within the requisite timeframe.

    I wish you luck - but I don't think an email asking for a response within three working days is consistent with the Pre-Action Protocol. You could find your case refused if you do not adhere to it. See: www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim/ for further details.

    I assume that the reason you can't give them 14 days notice is because this would put you out of time?
  • having major difficulty getting my flight compensation from First Choice. Done all the correct/appropriate paperwork, company states they do not need to pay out.
    Does anyone know what to do next?:(
  • Caz3121
    Caz3121 Posts: 15,534
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    finwells wrote: »
    having major difficulty getting my flight compensation from First Choice. Done all the correct/appropriate paperwork, company states they do not need to pay out.
    Does anyone know what to do next?:(

    Probably better posting on the Thomson thread with more details of date. reason for delay etc
  • ronan.barton
    ronan.barton Posts: 5 Forumite
    edited 2 April 2013 at 2:11PM
    Hi all,
    I was travelling with British Airways from Houston to London Heathrow on the 22nd December 2010 and I have contacted them about this compensation they have told me it was due to weather but every flight that day from my departure airport left and arrived at my destination airport with minor delays also there was another flight that evening and I was not offered a seat on that flight and I was only 14 at the time of travelling.
    Hope someone can help Thanks.
  • Vauban
    Vauban Posts: 4,736
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    finwells wrote: »
    having major difficulty getting my flight compensation from First Choice. Done all the correct/appropriate paperwork, company states they do not need to pay out.
    Does anyone know what to do next?:(

    Give us the details and we can help. When was the flight? From where to where? And who were the airline?
  • Hi - eventually got an email reply from Monarch to a 2nd letter asking in the progress regarding this flight - Flight ZB955 Palma to Birmingham on 04th October 2012 which was delayed by about 8hrs.
    Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

    Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

    As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

    Our records show that the aircraft scheduled to operate your flight was unavailable due to crew being unavailable after operating a previously delayed flight, this delay was caused by a medical emergency involving a passenger causing the aircraft to divert and incur and delay. Unfortunately these events led to a delay in the outbound flight to Palma, and consequently delayed scheduled departure time of your flight. As a consequence and in order to reduce the length of your delay, your flight was operated on the first available aircraft with a new crew from within the Monarch fleet.

    Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

    Please do not hesitate to contact us if we can provide any further assistance or information.

    Is there any way to get proof that this is the case?

    Can they do this?

    Is it worth following up?

    Another point, funny how a company that does most of it's business online, will not accept emails regarding this issue but are quite happy using emails to reply!
  • Caz3121
    Caz3121 Posts: 15,534
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    try posting on the Monarch thread
  • JPears
    JPears Posts: 5,084
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    Hi - eventually got an email reply from Monarch to a 2nd letter asking in the progress regarding this flight - Flight ZB955 Palma to Birmingham on 04th October 2012 which was delayed by about 8hrs.



    Is there any way to get proof that this is the case?

    Can they do this?

    Is it worth following up?

    Another point, funny how a company that does most of it's business online, will not accept emails regarding this issue but are quite happy using emails to reply!
    Even if EC, this was on previous flight, not yours. The delay on your flight was not an EC, it was a knock on.
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  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    Our records show that the aircraft scheduled to operate your flight was unavailable due to crew being unavailable after operating a previously delayed flight, this delay was caused by a medical emergency involving a passenger causing the aircraft to divert and incur and delay. Unfortunately these events led to a delay in the outbound flight to Palma, and consequently delayed scheduled departure time of your flight

    So an airline does the right thing for a medical emergency and things get delayed, yet all you want is your money?
    Sorry I know it is the law but by heck in cases like this it is a proverbial !!!!!
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