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Compensation for delayed flights Discussion Area
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# 7081
111KAB
Old 20-07-2014, 5:24 PM
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Quote:
Originally Posted by charlz90 View Post
Is an oil leak 'extraordinary circumstances'?
No it is a technical problem which is ordinary NOT extraordinary.
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# 7082
legal magpie
Old 20-07-2014, 6:40 PM
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Whereas a heavy storm like the one which caused my flight home yesterday to be diverted from East Midlands to Birmingham would be an extraordinary circumstance. What was really extraordinary is that Birmingham (only 30 miles or so away from East Midlands) was bathed in sunshine when we landed. We were only there for about 30 minutes before setting off to East Midlands (probably the shortest flight I've ever taken) and when we arrived it was glorious sunshine.
Nothing in my posts (or in any private message you receive from me) should be taken as offering any legal advice of any nature and should not be relied upon as such. I do not accept instructions through this website or enter into a solicitor-client relationship through this website or its Forums.
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# 7083
siobhan28june
Old 21-07-2014, 12:52 AM
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Default United Airlines

We have been trying to claim compensation for the delay to our journey from London to Bogota on 16 July 2013. We were booked on flights UA920 from London to Houston and UA1007 Houston to Bogota.Flight UA920 was scheduled to leave London Heathrow at 09.30 and to arrive in Houston at 13.45. This would have allowed adequate time to connect to flight UA1007 which was scheduled to depart Houston at 15.23. However, flight UA920 did not depart London Heathrow until 11.21 arriving in Houston at 15.42, one hour and 57 minutes late; in fact after our connecting flight UA1007 had departed for Bogota. We were transferred onto the next flight from Houston to Bogota which was flight UA1009 but this did not depart Houston until 23.54, arriving in Bogota at 04.54 on Wednesday 17 July. Had we not missed flight UA1007 we would have arrived in Bogota at 20.33 on 16 July. Consequently the total delay to our journey from departing London to arriving in Bogota was 8 hours and 21 minutes. The reason for the flight UA920's late departure from London on 16 July was entirely the fault of United Airlines. The flight was heavily overbooked and ground staff spent well over an hour trying to persuade passengers to stand down or be transferred to a later flight . We gave United Airlines every opportunity to comply with EU regulations and to compensate us accordingly. Unfortunately they have chosen to offer us flight vouchers instead which are not acceptable. They have cited " an unexpected safety shortcoming beyond our control impacted the operation of the aircraft originally scheduled for your flight" as an excuse for refusing compensation. However I do not believe this is true as I know that there was considerable delay due to the flight being heavily overbooked. Furthermore when I asked the airline to explain what this shortcoming was they refused and have made it clear they will not engage in any further correspondence on the claim. I referred the matter to the CAA in November last year - yes 8 months ago! - and have just received their reply stating:

[I][/I"From the information given it appears that you missed a connecting flight due to disruption to your first flight. In our view, missed connections outside the European Union on a non-EU airline are within the scope of EC261/2004 (the European Union law on delayed and cancelled flights) and could give rise to compensation, depending on the circumstances which led to the disruption. United Airlines takes a different view that missed connections outside of the European Union on a non-EU airline are not covered by EC261/2004.

Due to the difference of opinion between the airline and us on the interpretation of the law, we are unable to take your case any further on the compensation part of your claim. We will now close your file.

We do not know the circumstances which led to the disruption of your flight, so are unable to give you a view as to whether compensation is due in your case.

I understand that this may be disappointing for you. You do still have the option of going to court. As we do not know the circumstances relating to your flight, we are unable to advise on whether compensation should be payable, and as such it is for you to decide whether you wish to pursue this further."

So after 8 months the CAA got absolutely nowhere with United Airlines. What is the point of the EU passing legislation that is seemingly unenforceable?? The CAA's investigation didn't dig very deep and it appears to have no enforcement powers at all. Some passenger champion!!

Can anyone recommend a solicitor so that we can take this further?
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# 7084
Caz3121
Old 21-07-2014, 2:23 AM
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have you tried reading this thread http://forums.moneysavingexpert.com/....php?t=4445417
other examples of very similar situations (also with United) including success stories
You should also be able to find reference to a couple of different NWNF companies within the threads
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# 7085
Louise83
Old 22-07-2014, 12:40 PM
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Default Cancellation/Delay 2010

Hi

Can someone give me some advice on whether its worthwhile to claim for a cancellation in 2010 flying Arizona to London. My original flight was cancelled on the day, i didn't get a flight back until 3 days later (every flight BA re-booked me on was cancelled) and my connecting flight in London was cancelled all due to weather.

Thanks in advance

Louise
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# 7086
111KAB
Old 22-07-2014, 1:34 PM
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Quote:
Originally Posted by Louise83 View Post
..... all due to weather.

If all due to bad weather no claim.
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# 7087
chrissieT
Old 22-07-2014, 5:14 PM
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I took a 4 day break to Portugal with my husband & 5 friends.The friends traveled with Monarch but we couldn't get a seat so we booked with Jet2 leaving at the same time.We all boarded our respective planes to set off & ours set on fire apparently it was the air conditioning system on the plane so we all had to disembark & wait on the runway for a bus to take us back to the terminal.....as our friends plane taxied past us.Initially we were told that we would get further information at 9am which we did it told us that there would be a further announcement at 11am.This did appear & told us we would get a flight out at 2pm. What I'm wondering is should I claim as I'm not sure what they would class this type of event as.We did get 2 lots of food vouchers in this time & to give them their due they did come round & speak to us all individually.
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# 7088
111KAB
Old 22-07-2014, 5:33 PM
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Quote:
Originally Posted by chrissieT View Post
I took a 4 day break to Portugal with my husband & 5 friends.The friends traveled with Monarch but we couldn't get a seat so we booked with Jet2 leaving at the same time.We all boarded our respective planes to set off & ours set on fire apparently it was the air conditioning system on the plane so we all had to disembark & wait on the runway for a bus to take us back to the terminal......

Technical problem with your plane and therefore delay problem the responsibility of airline - Jet2 - you have a valid claim but expect to have to jump through numerous hoops or consider using a no win no fee. Future posts should be on Jet2 thread.
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# 7089
takoya
Old 24-07-2014, 12:10 AM
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Default Flight delay lead to missing connection

My flight from St Thomas in the U S Virgin Islands was delayed by just over 2 hours therefore when we arrived in Charlotte North Carolina our connecting flight had left. We went to U S Airways customer service desk and was told we couldn't get a flight until the following day. We were told that because there was a convention in town U S Airways couldn't put us up in a hotel and we would have to make our own arrangements. Is there any way we can claim compensation for this inconvenience and stress this caused. Thank you in advance for any advice.
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# 7090
Caz3121
Old 24-07-2014, 3:02 AM
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Quote:
Originally Posted by takoya View Post
My flight from St Thomas in the U S Virgin Islands was delayed by just over 2 hours therefore when we arrived in Charlotte North Carolina our connecting flight had left. We went to U S Airways customer service desk and was told we couldn't get a flight until the following day. We were told that because there was a convention in town U S Airways couldn't put us up in a hotel and we would have to make our own arrangements. Is there any way we can claim compensation for this inconvenience and stress this caused. Thank you in advance for any advice.
You can check and see if your travel insurance covers this. EU compensation does not apply as the journey commenced outside the EU and US Airway are not an EU airline
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# 7091
haggis12
Old 26-07-2014, 10:58 AM
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Default Am I entitled to both?

My flight was delayed by 15 hours on 11/7/14 this ment my family & I were put up in a hotel with dinner etc.. but we were told twice by the check in staff we would get our outward flight fare refunded because of the length of delay. Having arrived back this morning I contacted the airline & was told "no that's incorrect & you shouldn't have been told that, you can claim compensation but that's all" Is this correct or should I try & fight my corner?
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# 7092
Caz3121
Old 26-07-2014, 11:35 AM
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Quote:
Originally Posted by haggis12 View Post
My flight was delayed by 15 hours on 11/7/14 this ment my family & I were put up in a hotel with dinner etc.. but we were told twice by the check in staff we would get our outward flight fare refunded because of the length of delay. Having arrived back this morning I contacted the airline & was told "no that's incorrect & you shouldn't have been told that, you can claim compensation but that's all" Is this correct or should I try & fight my corner?
If the delay is over 5 hours you are entitled to compensation plus a refund of the flight if you do not take the flight (aimed at people who decide not to travel due to the excessive delay) If you used the flight ticket then no refund is due.
Many of the airlines use handling agents and it sounds like they were giving incorrect information - were you given this in writing as it is certainly not correct
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# 7093
combat k
Old 27-07-2014, 9:51 AM
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Default Easy jet 6hr delay

I thought I would share my fantastic news that easyjet have just paid out 1200euros for a flight delay 10/7/14 from zante to lgw due to a technical problem.
As soon as I arrived home I went to the MSE site and downloaded the template for compensation for three passengers at 400 Euros pp
I must say easy jet came back to me within a few days and confirmed that my claim would be paid.
I have just checked my account and the money has arrived.
Thank you MSE and also a big thank you to Easy jet for putting their hands up and and dealing with my claim so efficiently
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# 7094
JP1901
Old 28-07-2014, 11:06 AM
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Default Lufthansa delay

Hi - can anyone tell me if it is worth me trying to claim for the following:
20th Dec last year I flew from Manchester to Frankfurt for a connection onto Hannover, the Manchester flight was delayed by 39 mins (according to the flightstats website) because someone checked in & didn't show up for the flight, because of that delay I missed my connection to Hannover which flew at 9.40am - the next available flight was then not until almost 2pm - they didn't offer any refreshment vouchers etc - can I claim & if so what excuse do I use?

Thanks
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# 7095
David_e
Old 28-07-2014, 3:39 PM
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Quote:
Originally Posted by JP1901 View Post
if so what excuse do I use?
You don't need an excuse to claim you just need to fall within the relevant legislation. The FAQs explain what the legislation says.

Please post any questions not answered in the FAQs on the Lufthansa thread.

Last edited by David_e; 28-07-2014 at 3:39 PM. Reason: typo
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# 7096
Petticoatgirl
Old Yesterday, 5:07 PM
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Default 'Delaying' my claim while they await High Court appeal - is this allowed?

Hi Guys, would appreciate some help on what my next step should be. I contacted easyjet last week regarding compensation for 3+hr delay due to a technical fault and got this response today. Are they allowed to put it on hold like this?


Thank you for contacting easyJet.

I'm so sorry for the length of time it has taken for us to email you back. We have recently received a large amount of emails which is effecting our response times.

We are sorry that your flight was disrupted when travelling with us. In a recent ruling by the High Court of the United Kingdom it has been ruled that technical issues relating to the operation of the aircraft in most cases cannot be exempt from compensation. Whilst we were not specifically involved in this case it is our understanding that the airline involved is now seeking a further appeal in this matter to the Supreme Court. On this basis we are awaiting the outcome of the Supreme Court before considering our position further in relation to this.

Because of this we have put your case with us on hold; your case reference is XXXXX and can be quoted when corresponding with us.

Once the Supreme Court has ruled on this matter and we have determined that compensation is indeed payable we will contact you to arrange payment. We recognise that there are several claims companies operating that may claim they will be able to obtain compensation on your behalf earlier, charging you up to 30% of the value of the compensation; this is not the case as we will also be defending / holding these types of actions pending the outcome of the Supreme Court. We commit that once the legal process is complete, likely to be in mid to late 2015 and if compensation is owing we will pay this directly to you in full.

Whilst I appreciate that this is not the outcome you were hoping for we work really hard to keep our costs and ultimately your fares low. The potential increase in costs by paying compensation far in excess of the fare price places a huge financial burden on us as an airline and will ultimately lead higher fares for all which is not in the long-term consumer interest. It is for this reason that we are awaiting the outcome of the legal process before proceeding.

Kind Regards
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# 7097
dalaman9
Old Yesterday, 5:22 PM
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Thumbs down Failure of compensation claim with BA - Can anyone help??

Hi,

I wrote to BA using this template/approach.

I bought the ticket through BA but it was an Iberia operated flight.

Any suggestions? Can't find any links to Iberia on here...

BA Customer services responded with the below:

"Thank you for contacting us about your claim for compensation. I am sorry for the delay in our response.

Your claim for compensation has been refused because British Airways did not operate BA0512 on 26 May 2012. Please contact Iberia Airlines for further information.

Thank you again for following this up with us and I hope you will choose to fly with us or one of our partner airlines again soon."
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# 7098
dxc_chappie
Old Yesterday, 5:25 PM
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Quote:
Originally Posted by Petticoatgirl View Post
'Delaying' my claim while they await High Court appeal - is this allowed?
It's allowed if you allow them to delay your claim!

Quote:
Originally Posted by Petticoatgirl View Post
Hi Guys, would appreciate some help on what my next step should be.
Hopefully you will have read the FAQs and all the Huzar thread? What Easyjet has said is not quite true: Jet2.com have sought to appeal the Huzar judgment with the Supreme Court but the SC have not yet decided whether or not to allow the appeal. This probably won't be known until October now. If permission is given then the 2015 timescale Easjet mention may be realistic, but if permission is denied then there is no justification for EJ to delay your claim any longer.

You can either send a NBA and start court proceedings now or hold fire until the SC decision is known later this year.
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