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    • JPears
    • By JPears 17th Oct 16, 2:55 PM
    • 2,543 Posts
    • 718 Thanks
    Resolver can sometimes work. It depends on the airline. Most just pay lipservice and ignore it.
    Your own letter, then NBA then court action are the only way of getting closer to a result (still no certainty)
    Or hand over to a NWNF if you can't face reading Vauban's most excellent guide (and that's just the basics of the process)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • shenshaw007
    • By shenshaw007 18th Oct 16, 11:34 AM
    • 3 Posts
    • 0 Thanks
    air transat delay from BHX
    Hiya i was recently delayed for 9 hours on a flight from birmingham to toronto with air transat. originally because the tyre had a puncture/slash which they said would take 5 hours as they had to get a new tyre shipped up from london..then whilst in the air the pilot came on and said that they wouldn't make it to toronto before there legal work time requirements/limits would run out and so we had to divert to montreal to change the question is would ths be a fault of the airline? ie i can maybe see that they would use the tyre puncture/slash problem as an excuse and say it was beyond there control but im not sure about the crew change part? i've sent a letter to them anyway and awaiting there responce. ps when we landed they gave us a letter appologising when we got off the plane which said reason for delay was " technical issue and diversion for crew change"

    • 111KAB
    • By 111KAB 18th Oct 16, 11:53 AM
    • 3,504 Posts
    • 1,403 Thanks
    shenshaw ... both are claimable as both aspects fall within the responsibility of the airline. Whatever/whichever way they explain your delay they are still liable given the facts you outline.
    • shenshaw007
    • By shenshaw007 19th Oct 16, 9:16 AM
    • 3 Posts
    • 0 Thanks
    air transat delay from BHX
    Wow after taking a month deciding if i should claim or not i decided yesterday to fill in one of the template letters off here and go for it..i emailed them yesterday and within a couple of hours i got an email back saying yes im entitled to the full 600 euro's and they will have a check for me within ten days
    fair play to airtransat no arguing or delaying it... thanks MSE i don't think i would have done it without thie help of this site :-)
    • Timothea
    • By Timothea 22nd Oct 16, 12:13 PM
    • 16 Posts
    • 6 Thanks
    Denied boarding from USA
    I recently made a claim for denied boarding on a flight from the USA to London. I issued a small court claim in England against the North American airline concerned earlier this year. This matter is now resolved.

    I made my claim under Title 14 of the U.S. Code of Federal Regulations Part 250. EC Regulation No. 261/2004 did not apply because it was a non-EU carrier. I spent a lot of time researching the law and preparing my claim. I think it would be a shame if all my research was wasted, so I would like to help others who find themselves in a similar position.

    14 CFR Part 250 (as the US regulation is often abbreviated) is not about delay, cancellation, rerouting, missed connections or technical problems; it just provides compensation for denied boarding (i.e. when you have a confirmed reservation, are able and eligible to board the flight, and the flight leaves without you on board). This can happen when the flight is overbooked. The regulation is entitled "Oversales".

    I need to check the forum etiquette. Is this a valid topic for this forum? If so, should I start a new thread on this topic?
    • Tyzap
    • By Tyzap 22nd Oct 16, 1:19 PM
    • 617 Posts
    • 346 Thanks
    Hi Timothea,

    I think it's very valid and would help passengers who cannot claim via EU261 legislation.

    This thread is probably the right place for it too.

    When a flight has been overbooked I assume it is this piece of US law that requires the airlines to ask for volunteers to step out of line and receive a cash payment to travel at a later date.

    Any information you could provide would be very helpful.
    Please read Vaubans superb guide.
    • Timothea
    • By Timothea 22nd Oct 16, 1:40 PM
    • 16 Posts
    • 6 Thanks
    Yes, the airline should first ask for volunteers to give up their seats. This regulation applies if there are insufficient volunteers, or if the airline disembarks or refuses to board certain ticket holders without a valid reason. Most people don't know about this regulation so airlines will sometimes do this without paying any compensation, just because they can get away with it.

    You would think this sort of thing would be very rare, but I was reading a post earlier that seemed to qualify. It also applies to EU airlines departing from US airports, so some people may be due double compensation!

    I will start a new thread and write a detailed guide later.
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