FLIGHT DISRUPTIONS: Volcano ash from Iceland hits UK flight plans

mikey72

mairi28 wrote: »

.......so what are you saying, that you can't buy a meal from a supermarket? It seems to be more prudent given the circumstances. The article doesn't say anything about how you buy your food & I'm sure the airlines are more likely to reimburse someone who is getting by on pasta from a supermarket rather than steak from a restaurant.

No, just the same words again
No self catering, no car hire, just a hotel, and one trip there and back.

Pelican_eats_pigeon

mikey72 wrote: »

No, you go to court and argue as to what mitigating circumstances there were, and why you shouldn't be penalised, sometimes you win, sometimes you lose, that's why a good lawyer is worth his money.
It's certainly not a fixed fine for all, regardless, no arguement, is it?
(and sometimes the policeman just lets you off with a verbal warning)

Well, as the courts of Member States are obliged to enforce EC Regulations, it's not like a UK court, say, can easily turn around and decide something different - especially since precedent has been set by the highest possible court!

kandyflossxxx

Booked a 2 weeek all inclusive holiday with A1 travel as i thought they were a proper TRAVEL AGENTS as it says they are ATOL/ABTA FULLY BONDED......:mad:....was due to fly 18TH APRIL
booked it over the phone no problem, cost £1,200 now they are saying
your flights are with KISS and you cant have any refund,you have a year to rebook but you must pay extra if the flights more.
A1 said you cant have a refund for the hotel accomodation as we are a small company.
please can someone help,is the battle with them over or have i got a chance of a full refund,i would be most gratefull for your advise

mikey72

Pelican_eats_pigeon wrote: »

Well, as the courts of Member States are obliged to enforce EC Regulations, it's not like a UK court, say, can easily turn around and decide something different - especially since precedent has been set by the highest possible court!

Courts are obliged to enforce UK laws, see the above on enforcing speeding, which has a penalty by statute.
EC regulations don't, and are decided by the enforcement bodies of each country, which vary from country to country, some are civil, some are criminal.
(UK is criminal, and needs a high degree of proof, unlike civil)
Any query on this will refer to ECJ, as the compensation did, 6 years ago now, with the result it's still clear to both sides, and it's still not paid.
So that makes 2016 for this one then.

lilac_glitter

Spent half the day back and forth to princess. First they tried to claim it wasnt a package so i manged to quote 1992 legislation so they agree it is a package holiday.

They are telling me that the 140 people they have left in bangkok have to rebook their own flights as the airline said so. Which i know for a fact is a lie as my family have tried to and been told princess have to as they did a block booking.

they are also claiming they do not have to pay hotel bills as in accommodation even though atol and the 1992 legislation say they have to,

Tomorrow I have a call with a senior manager

Does any one have any ideas on whether Princess are lying and trying to get out of it.

To make things worst there are meant to be protests outside the hotel and they havent even informed any one of that they only know as I saw it on BBC news this morning.

Any advice would be welcome

Pelican_eats_pigeon

hillsy wrote: »

Perhaps you're right. But it still seems fairly "clear" (;)) that this only applies if you've presented for check-in. The gotcha may well be that many people who were delayed, were asked not to go to the airport.

presented for check-in "as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent".

So, if they have stipulated/indicated in writing that people should not come to the airport, that would leave the airline on extremely shaky ground.

But as I said, the ECJ has already made it clear that it intends to treat passengers who are subject to a lengthy delay as if their flight had been cancelled. I don't think they will get much joy out of that line if they try.

teamcullen

kandyflossxxx wrote: »

Booked a 2 weeek all inclusive holiday with A1 travel as i thought they were a proper TRAVEL AGENTS as it says they are ATOL/ABTA FULLY BONDED......:mad:....was due to fly 18TH APRIL
booked it over the phone no problem, cost £1,200 now they are saying
your flights are with KISS and you cant have any refund,you have a year to rebook but you must pay extra if the flights more.
A1 said you cant have a refund for the hotel accomodation as we are a small company.
please can someone help,is the battle with them over or have i got a chance of a full refund,i would be most gratefull for your advise

I have spoke to A1 travel today on behalf of my Gran who was due to fly tomorrow but it's cancelled. Because all A1 travel do is book parts of your holiday, they contact the airline and hotel and ask for refunds, and if they refuse thats up to them.
The hotel we had were not sure if they can refund or not as it's entirely up to them not A1 travel (they did say the hotels have been very reasonable given the circumstances), and the flights will be fully reimbursed by easyjet. All it took was one e-mail to them and it was sorted out.

peterbaker

FH_Brit wrote: »

If EVERYTHING was clear, there would be no legal courts, no lawyers and no claims! The only reason that 'A' takes 'B' to court is because their lawyers read the same "Perfectly clear" or "Clearly states" law, and the 2 different sides read 2 different meanings and it takes a Court to decide what is right.

Just because it is "clear" to you it does not mean it is clear to others. I just think that anyone caught up in this is in for a fight.

In my work, every day, I deal with "clear" policies but it then goes to months or years even, before it is sorted out.

Judging from your signature, FH Brit, in your work, you regularly find yourself arguing the toss directly about poorly regulated insurance contracts. Unlike EC 261/2004 insurance contracts are not law. More likely, when put to any major test, they are an ambiguous mess propped up by smoke and mirror type reinsurance contracts and, as you suggest, lawyers representing one party or another or several..

And I dare say that's exactly what this emergency looks like from a travel claims broker's viewpoint this week. Even in this emergency, it sounds like you are spoiling for a fight ...

With a background like that, your best to all the stranded people doesn't actually sound good enough.

I put my money on EC 261/2004 and IagreewithCityBoy :money:

Pelican_eats_pigeon

mikey72 wrote: »

Courts are obliged to enforce UK laws, see the above on enforcing speeding, which has a penalty by statute.
EC regulations don't, and are decided by the enforcement bodies of each country, which vary from country to country, some are civil, some are criminal.

This is not a case where penalties by statute would even be relevant. EC Regulations become immediately binding in all member states and do not need any interpretation as to form and methods by any UK body. The UK does not need to introduce legislation to enforce this regulation so there is no need for any criminal law on the subject.

This Regulation simply specifies what an airline has to do - you wouldn't take an airline to court under this regulation and expect a penalty, you would simply expect a court to order that the airline fulfil its obligations under the regulation.

Edit: and the cases over the last years have not all been on the same aspects of the regulation (not even on the same aspects of the compensation element), so it's smoke and mirrors to imply that arguments relating to the issues that will arise out of this incident will drag on for so long.

DRiz

I was due to fly tomorrow with thmas cook to turkey and booked my hotel through seperately travelrepublic, i have tried for 3 days to contact them via various numbers and they keep cutting my calls after waiting 20 mins+. I desperately need to cancel the hotel in turkey that I booked through them, as the flight has just been canx. (and hoprefully get back some or all the money for the hotel) I am so upset with travelreupublic for their lack of help. Is anyone in a similar position that can help, or direct me what to do next, please please help, many thanks