Flights cancelled in December

NJBlayney

Caz3121 wrote: »

Who rebooked you onto the BA flight? you mention that your travel agent helped with the rebooking.
American Airlines were responsible to rearrange your flight and cover your accomodation/meals until the time of the flight they arrange

The travel agent rebooked through AA (BA and AA are now sort of the same company). We tried to ring the number AA gave us but we couldn't get through.

I have all receipts for the week at Heathrow so I shall write to AA to try and claim. However, what about the costs of the week we missed in Costa Rica. Is that totally lost?

NJBlayney

Thanks for this, really useful. I'll give it a try. I do imagine that they will cite point 14 as their get-out clause:

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

NJBlayney

Cool, thanks for that. I'll give it a whirl.

Is there any claim with anyone for the missed week's expenses? They total a lot more than the week at Heathrow (around £3000). Or do I have to just write that off?

Moonchild

Alan_Bowen wrote: »

I would start by asking why the travel agent sold you a policy of insurance that only covered cancellation charges up to £3000 when the holiday cost three times as much, that appears to be negligence, although you should have read the policy before travelling.

This was my first impression - however you mentioned it was you that overlooked it.

I'm not picking up on it again to make you feel bad, but emphasising to anyone reading - that it is hypercritical that the Cancellation Cover on your Insurance equals / exceeds the cost of your holiday. I've come across a lot of people getting caught by this, and the consequences can be fairly catastrophic.

Oliver_Zarmy

Cityboy wrote: »

The airline can cite Recital 14 til the cows come home but it doesn't alter the entitlement you have.

That defence doesn't apply to the reimbursement of Article 9 expenses only to the additional compensation under Article 5. Read my previous post!

Cityboy

Can you please say how you found out that Recital 14 applies to Article 5 compensation but not to Article 9 expenses. I am considering a potential claim for Article 5 compensation.

Thank you.

NJBlayney

Cityboy wrote: »

AA are responsible for your hotel and meals whilst waiting for your rearranged flight under EC 261/2004 Article 9:

There is no defence for them not to pay and if they resist ultimately you may have to issue a claim in the small claims court, but airlines will usually pay up in full once a claim has been lodged as they know that they are legally due to reimburse these expenses.

You need to write to their registered office address enclosing copies of your receipts and send this via RM recorded delivery or signed for delivery.

The airline is not responsible for reimbursing you for any aspect of your week in CR.

I just wanted to update you with progress after you gave me this advice. I wrote a letter to the airline quoting the regulations and enclosed all receipts etc, which totalled £966. I sent it to the address in Ireland which was on the letter we received from them telling us we could not claim. I hope I sent it to the right place! I asked for a response by 8th April or I would be taking the matter further. I sent it registered mail and they did receive the letter. They have not replied. I sent a message via email to them today reminding them of the situation giving them a couple of days to respond. I guess I will lodge a claim with the small claims court next?

I also wrote a letter to our insurance company complaining that we were misled by the person we spoke to when we called them from Heathrow. I said the person led us to believe that we would be able to claim the cancellation insurance which prompted us to book an extra week as we thought we would have the money. They are currently considering this complaint.

I also included in the letter the costs of the week we missed, which totalled over £3000. I got a reply from them saying the will be sending a cheque for the £3000 of the honeymoon we missed and the delay insurance of £210. So I'm pretty pleased with that as they had told us previously that the delay insurance is all we could claim. Seems a carefully worded letter works now and then!

Now I just have to pursue American Airlines.

Thanks again for the advice!

Naomi

NJBlayney

Could I please ask for further advice?

I sent American Airlines a letter with all my receipts etc and this week I received a reply again claiming no responsibility for my week stuck at Heathrow.

Am I able to take them to the UK small claims court or not as they are not a UK company. The only registered address I could find was in Ireland so this is where I sent the letter.

Is there an EU small claims I can use or something or is there a way to do it through the UK small claims?

Any help would be much appreciated.

Cityboy wrote: »

AA are responsible for your hotel and meals whilst waiting for your rearranged flight under EC 261/2004 Article 9:


There is no defence for them not to pay and if they resist ultimately you may have to issue a claim in the small claims court, but airlines will usually pay up in full once a claim has been lodged as they know that they are legally due to reimburse these expenses.

You need to write to their registered office address enclosing copies of your receipts and send this via RM recorded delivery or signed for delivery.

NJBlayney

Yes I only sent copies just in case!

All great suggestions, I will check those out. It's not even really about the money anymore, its the principle of it. They think they can trample on the little guy and get away with it.

Hadn't thought about the CAA so will look into that too.

Household insurance, do you mean to cover the cost of the submitting the claim to the court?

Thanks ever so much, you've been extremely helpful.

Naomi

Cityboy wrote: »

Naomi

Firstly, I trust you only sent copies of your receipts and that you still have originals!

Secondly, you can take them to either the UK small claims court as there is a 'place of business' for them listed in Hounslow under refunds, although I should add that Companies House lists 3 unpaid CCJs from AA at that address: or you can take them to the Dublin small claims court (15 euro fee or similar).

Check out the Ryanair main thread under Volcanic Ash sub forum for a number of successful claims via this latter method.

Have you also checked the legal expenses insurance position via your household contents policy? Have you also written into the CAA to register your complaint with them?

Cityboy

NJBlayney

Oh I see. I'll definitely check that one out.

Thank you!