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Compensation for delayed flights Discussion Area
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# 7141
laul04
Old 11-09-2013, 2:43 PM
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We had a 3 Hour delay back from Turkey to Gatwick(group of 8) last May with Thomas Cook Airways, wrote to them using the MSE template and received 2800 holiday voucher-Challenged this and asked for cash instead which was then paid into bank a week later.

Thomas Cook also ask you to complete an online template for flight delays, I did both that and sent them a letter.
Only took 2-3 weeks and two phonecalls to chase, worth it for some extra cash
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# 7142
laul04
Old 11-09-2013, 2:50 PM
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Quote:
Originally Posted by blocker9 View Post
Had a delay of over 5 hours from a flight to dom rep in january 2010 was in a big group for a mates wedding,Sent the template of to Thomas Cook got a email back saying in order to continue with claim i need 1 of 3 confirmation invoice 2 your ticket 3 boarding card i have looked everywhere but can not come across any of these,Is there any way i can continue the claim without these?Thanks.
I had a successful claim with Thomas Cook for a group of 8, for a delay last year of 3 hours and just got 2800 from them.

I also had no paperwork- I called customer services and chose an option relating to insurance claims. I explained that I needed confirmation of my booking as I had an insurance claim to make for some medical care with my travel insurance-they asked ZERO questions and happily emailed me the documents.

Furthermore, when I chased my claim after sending in my letter (with my emailed booking confirmation), I was told to complete an online form which is specific to the flight delays-there is no way to include confirmation when completeting the online form so I am surprised they are requesting some proof from you?

Might be worth calling(or getting a mate to call) and request a copy of the confirmation for your "insurance claim"
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# 7143
catoutthebag
Old 11-09-2013, 3:33 PM
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In theory, would a security issue causing a delay on the inbound flight, having the knock on affect on delaying my flight (which was then further delayed as our flight picked up stranded passengers elsewhere as a 'rescue flight'), according to Eglitis et al, be ineligible for compensation? I cannot fathom the language used to decipher if it is for/against!

Anyone been in a similar case who can elaborate is it's yay e/c or nay?
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# 7144
oleandra123
Old 12-09-2013, 11:17 AM
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Quote:
Originally Posted by oleandra123 View Post

Anyway, regarding my sitution, there is a sentence from the ECJ in Folkerts case from February 2013 that says if a passenger is delayed on a connecting flight less than three hours but arrives at their final destination more than three hours late (we arrived 22 h late) they are entitled to compensation under Regulation (EC) No 261/2004 of the European Parliamen. Google: Folkerts case delay or similar to find out more.

I will write to TAP Portugal once again citing this sentence and see what they say, if they reject it , I will have to probably go to the court, which I'm not really keen on doing, but... Has anyone been to court in Spain with a similar case? Cheers!
Incredible! I've sent them a "threat" citing the ECJ sentence in the Folkerts v Air France C‑11/11 case:
On those grounds, the Court (Grand Chamber) hereby rules:
Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met.

And they sent me email back asking for: "we would like to request that you provide us with individual documents issued by your banks, containing your name and your bank details (IBAN, Swift/Bic Code, Bank name), in order to for us to proceed with the payment of the compensation as a result of the irregularity that occurred on the 23rd of August. "

I CANT BELIEVE IT! SO EASY! I don't even have to go to court
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# 7145
lynzotter
Old 12-09-2013, 7:47 PM
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Hi guy's,
I'm looking for some help or advice.
I was on a flight from faro to east mids about 6yrs ago, the flight was delayed for a total of 7hrs. I have found all details including the flight number the times ect but I cannot find my original paperwork or booking ref details. I have contacted the airline concerned and they are saying there is no trace of our booking, I obviously know I was on that flight are they saying it to get out of the compensation situation is there anything I can do??
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# 7146
111KAB
Old 12-09-2013, 7:52 PM
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Lynzotter - post date as that may determine any advise.
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# 7147
LiverpoolChris
Old 12-09-2013, 11:36 PM
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Default Monarch flight delay

We had a 10 hr delay last October to Turkey we had about 1 hr delay then flew for about 90 mins then were told we were coming back to Manchester as the fault was still present, so we circled to lose some fuel when we landed we had a 10 hr delay which included for the fault to be fixed and then waiting for a new crew to arrive. I have emailed many times and sent them the template from Martins website on 10th August. I have heard nothing from them where do I go from here
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# 7148
Caz3121
Old 13-09-2013, 6:51 AM
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Quote:
Originally Posted by LiverpoolChris View Post
I have heard nothing from them where do I go from here
Try going to the Monarch thread and reading the posts there - there is a "what to do next" in the FAQs too....basically NBA and court
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# 7149
sw19mike
Old 13-09-2013, 7:18 AM
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Default air asia

My wife and I flew from Stansted to Kuala Lumpur in January 2010. A few days before the flight, I received an email telling me that for "operational reasons" the departure had been changed from 23:40 to 04:00 the next morning.

Air Asia no longer operate any flights from the UK, and I can only find an address in Malaysia. Should I write to them?

Also, I have no boarding passes after all this time. Is it still worth trying?

Thanks

Mike
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# 7150
bownyboy
Old 13-09-2013, 4:35 PM
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Just my claim with BA rejected as they say because its over 6 years ago therefore they don't have to pay.

Flight was cancelled from nice to london gatwick on 30th June 2007

Will complain to CAA now to see if I get anywhere with them.
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# 7151
Centipede100
Old 13-09-2013, 4:37 PM
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Quote:
Originally Posted by bownyboy View Post
Just my claim with BA rejected as they say because its over 6 years ago therefore they don't have to pay.

Flight was cancelled from nice to london gatwick on 30th June 2007

Will complain to CAA now to see if I get anywhere with them.
You won't get anywhere with CAA as your claim is out of time.
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 7152
CobyBenson
Old 13-09-2013, 4:37 PM
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I wouldn't bother, you definitely can't claim.
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# 7153
flaccidcookie
Old 15-09-2013, 1:24 PM
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Default What template to use?

Hi,

I'm a first time poster - long time user of the site. I have tried searching the thread and looking at what I can but find myself a little confused still!

Me and my partner booked flights from Heathrow to the Seychelles last June (2012). The flights were with Ethiopian Airlines via Addis Adaba in Ethiopia. We left Heathrow as planned. On arrival in Addis we waited the 3hr.20min for our connection. During that time it was listed on the departure board but had no gate attached. We asked often of its status, what gate it was at etc but as the departure time came it's statud turned to delayed. We along with other passengers questioned staff for 30 mins ish only to be told the flight was cancelled due to underbooking. We were offered 2 nights in Addis till the next plane to the Seychelles was due. An hour or so arguing later with the rest of the passengers (as loosing 2.5 days of our trip wasn't on) they re-routed us via Dubai to the Seychelles.

We were originally due to land in the Seychelles at 15.25 on the 1st June. We eventually got there, having gone via Dubai with a long wait there, at 07.30 on 2nd June. I don't have the Dubai/Dubai-Seychelles flight tickets. All I have is my original ticket. We missed a night at our hotel, were 16hr late arriving, were offered no refreshment vouchers. Ultimately the journey began at Heathrow at 9pm on 30/05/12 and eventually got into the Seychelles at 07.30am on 02/06/12.

The site covers flights with a connection but discusses the first flight being cancelled not a connection. The flight I booked was Heathrow to the Seychelles, so it began in the UK and is eligible, but the reason for the delay is a cancelled connecting flight which was a non-UK/EU airline & airport. So should I claim a 16hr delay on the whole flight OR the cancelled flight and delay citing the journey as London -Seychelles and having a UK/EU start point? Obviously this also affects the amount of compensation as UK-Seychelles is 5000miles, Ethiopia - Seychelles 1490miles - or does it as the whole flight was booked in 1 as Heathrow to Seychelles thus it's a 5000mile flight... Confused

any help MASSIVELY appreciated

Stuart
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# 7154
Centipede100
Old 15-09-2013, 5:26 PM
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Quote:
Originally Posted by flaccidcookie View Post
Hi,

I'm a first time poster - long time user of the site. I have tried searching the thread and looking at what I can but find myself a little confused still!

any help MASSIVELY appreciated

Stuart
As your delay/cancellation occurred wholly outside the EU, albeit causing a long delay to your arrival in Mahe, you are not entitled to compensation under 261/2004.

The only prospect you might have is to claim under the Montreal Convention for delay in your arrival, if the airline confirms the cancellation was caused by underbooking on the Addis Ababa-Mahe sector. You might also look at the Ethiopian Airlines Ts and Cs to see what recompense they might offer in this regard.
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 7155
lexy61
Old 15-09-2013, 9:09 PM
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Default no reply from airline

We were delayed for 11.5hrs in June 2011 when flying from Manchester to Preveza (Greece) with Small Planet Airlines. The delay was due to mechanical fault and eventually another plane was found from Strategic airlines however by this point we had spent almost 12hrs in the airport with very little information and 5 food voucher. We lost a whole day of our 1 week holiday. I have written to Small Planet airlines on 2 occasions using Martins Template both times I've recived a letter saying my complaint is being dealt with and I should hear in 28days. I have not received anything else from them and months have passed. I have only found a postal address at Gatwick for Small Planet Airlines, they appear to have no customer service phone number as the are based in Lithuania! Have I any hope of getting compensation, what should I do next?
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# 7156
shuffles1977
Old 16-09-2013, 4:16 PM
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Default Flight delayed compensation

Help someone we were delayed on a Thompson flight on 26 dec 2008 and ive just called them as I don't have any paperwork anymore and they told me they only go back 2 years. I did explain that on this website it mentioned anytime after 2005 and they stated that each airline follows different rules. Is this true or was he just fobbing me off. Also can I claim even though I don't have the paperwork anymore. Thanks in anticipation We set off from Gatwick around 9am and half way through the flight we had to turn back due to technical fault, we asked if they could carry on but they explained that it would cost too much for them to land in Tenerife and then fly out a repair crew to fix the plane so we ended up going back. We then did not fly out until 12 midnight that night, arriving in Tenerife and at our hotel about 6am the next morning.

Last edited by shuffles1977; 16-09-2013 at 4:24 PM.
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# 7157
111KAB
Old 16-09-2013, 5:05 PM
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Shuffles1977 - wrong thread you should be on Thomson thread where your answers lie.
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# 7158
assscat
Old 17-09-2013, 2:30 PM
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I was delayed by over 3 hours a few weeks ago, flying out of Heathrow to Toronto. We were told the delay was due to "maintenance problems"--in fact I went to the airline's desk, got them to tell me that once more and got the staff number of the person who told me (they wouldn't give out their name) so I could reference this if necessary.

My question is, should I include this information in the template letter that I send to the airline? Would it strengthen my case?
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# 7159
jc95
Old 17-09-2013, 3:31 PM
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Default Claiming from First Choice?

Hi I'm looking to claim from an 8 hour delayed flight back in August 2006.

The flight was with First Choice Airways.
Is it still possible to claim?
Did the merger with Thompson mean they took on First Choice's liabilities?

Any info would be much appreciated
Thanks in advance,
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# 7160
Centipede100
Old 17-09-2013, 4:00 PM
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Quote:
Originally Posted by assscat View Post
I was delayed by over 3 hours a few weeks ago, flying out of Heathrow to Toronto. We were told the delay was due to "maintenance problems"--in fact I went to the airline's desk, got them to tell me that once more and got the staff number of the person who told me (they wouldn't give out their name) so I could reference this if necessary.

My question is, should I include this information in the template letter that I send to the airline? Would it strengthen my case?
I doubt it, legal claims depend on written testimony not hearsay.
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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