MSE News: Flight delay compensation floodgates open

richardw

Article 5 of http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML says that if they advise "extraordinary circumstances" they have to prove it to avoid paying compensation.

"3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken."

DEB2404

stephenc2010 wrote: »

Had a cancelled BMIBaby flight from Cardiff to Edinburgh in 2008. I was handed a piece of paper just saying that my flight had been cancelled and to try another airline.

However, there is no link on the new BMIBaby website for claiming the compensation and the British Airways compensation website does not accept BMIBaby flight details.

Has anyone experienced the same problem?

:beer:
I too had a delay (I think it was 6 hours) with a one and three year old when travelling with BMI Baby in 2006. I am interested in pursuing a claim. The flightstats website does not provide any information on the length of the delay unfortunately. How can we pursue a claim if the company has recently collapsed ???

DEB2404

I will look forward to that - thanks!

goodwithmoney101

Centipede100 - at the risk of sounding like a broken record, may I ask for your thoughts on this scenario please...

- Flights from Glasgow-Amsterdam then onwards to Dubai with KLM
- Delayed at Glasgow for 43 hours (re-routed to Emirates flight after 2 nights in an airport hotel at KLM's expense)

The reason given for our delay was rather strange however and this is where I am unsure. Despite there being considerable snowfall at the time, the flight actually travelled from Glasgow-Amsterdam-Dubai as planned, however the airline staff advised that they were not accepting any transiting passengers due to having a backlog of people aready waiting for onward flights at Schipol airport. On the one hand there was severe weather to contend with but on the other, the flight actually left on time, only KLM refused to let us board.

I am unsure whether this constitutes "exceptional circumstances" or whether it would be reasonable to pursue for compensation?

I also wonder if the fact they organised a hotel & meals for us negates the potential for compensation?

Finally, if it is reasonable to purse a claim for compensation, is it the entire journey from Glasgow-Dubai that I would claim for, or just the first leg from Glasgow-Amsterdam?

Any thoughts from you clever folk are very welcome!

richardw

Bmibaby was bought by Www.iairgroup.com

Klm'll just say it snowed and it wasn't their fault.

KNOTTYEND

I phoned flythomascook today who told me they are not paying out compensation for delayed flights as the ruling is an EU law not a UK law so they not upholding this law.

richardw

KNOTTYEND wrote: »

I phoned flythomascook today who told me they are not paying out compensation for delayed flights as the ruling is an EU law not a UK law so they not upholding this law.

Can u phone them again and say you're recording the call and get a recording of them saying that and then put it on YouTube please.

tinkerbellkirst

Centipede100 wrote: »

If there was no adverse weather that directly affected your flight then it does not fall under the "extraordinary circumstances" defence for the airline and you have a valid claim.

The wording in the Regulation is:

"...meteorological conditions incompatible with the operation of the flight concerned..."

Note that it states 'flight' and not 'aircraft' as the two are not necessarily the same thing as in your case.

Thankyou for your help.

I am just drafting my letter using the template now. Should i re-copy and re-send my documents even though i already have a complaint letter with all these documents in with their team at the moment?

I see that Thomas Cook are being irritating with this saying that they are not upholding the ruling as its EU can they do this? does anyone know?

Thanks
Kirsty

Enterprise_1701C

KNOTTYEND wrote: »

I phoned flythomascook today who told me they are not paying out compensation for delayed flights as the ruling is an EU law not a UK law so they not upholding this law.

:mad::mad::mad:

We are still waiting to hear from Thomas Cook regarding our 26 hour delay, they certainly will not be getting away with paying nothing out, especially as our pilot said on the tannoy that he had argued to go on to Cuba rather than turning around!

jacksback

Why is everyone ignoring the fact that Thomas Cook have said that this does not apply to U.K. law?? Is this a lie?? I've had the standard letter from them stating this after 3 months worth of correspondence with them last year, regarding planned flight delays.