MSE News: Flight delay compensation floodgates open

Maldives_lover

Hi

I'm hoping someone can advise me about making a claim for a flight delay, I'll try and keep this short.

• Booked with Iglu.com
• Flew withThomas Cook from Manchester to Calgary in Feb 2010
• Flight was delayed for almost 4 hours, we got no food or drink vouchers or any form of compensation (or communicaiton for that matter)
• I've written to Thomas Cook who initially dismissed my claim, I then wrote again and they now say that I travelled on a Canadian Affiar booking and to contact them.

I believe Iglu.com book the flights through Canadian Affair but it was a Thomas Cook flight so where do I go from here? Surely the claim should be against the airline and not the tour operator or flight booking company.

Any help would be appreciated.

ML

Maldives_lover

Centipede100 wrote: »

The claim is against the airline.

Thanks for the advice, the plot thickens, Thomas Cook have now confirmed that the plane was 'leased' to Canadian Affair so I think I'll have to take it up with them.

richardw

Maldives_lover wrote: »

...Thomas Cook have now confirmed that the plane was 'leased' to Canadian Affair so I think I'll have to take it up with them...

BTW The regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

mentions leased aircraft, if we look at recital 7

(7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

Is Canadian Affair 'an operating air carrier' or 'Thomas Cook'?
did your flight have a Canadian Affair flight number ?

Maldives_lover

richardw wrote: »

BTW The regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

mentions leased aircraft, if we look at recital 7

(7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

Is Canadian Affair 'an operating air carrier' or 'Thomas Cook'?
did your flight have a Canadian Affair flight number ?

Hi thanks for your response,the flight number was TCX 34k which I believe is a Thomas Cook code, does that mean the claim is against Thomas Cook?

williamro

I copy below letter sent to Croatia Airlines London office on 7 November 2012.

"Re: Compensation claim for delayed flight
Booking reference: 37BB86

I am writing regarding flight OU 495 on 2 August 2007 from London Gatwick to Split with the scheduled departure time of 1030. This flight arrived at Split at 1925 rather than the scheduled1345.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

I was the only passenger in my party.

My scheduled flight length was 1500 kilometers therefore I am seeking compensation of the sterling equivalent of €250 for delay.

I enclose a copy of the itinerary section of my ticket.

I was informed that the flight was delayed due to 'technical difficulties with the aircraft' and a part had to be flown from Germany to Croatia to be fitted before it could fly. Since technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 21 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you."


They replied by letter dated 13 November stating that they cannot settle my claim "as per general Conditions of Carriage, the claims to the carrier shall be sent not later than two years from the travel date. We quote: 16.2 LIMTATION OF ACTIONS Any right to Damages shall be extinguished if any action is not brought within two years of the date of arrival at the destination or the date on which the aircraft was scheduled to arrive or date on which the carriage stopped."


Surely the judgement in Court of Justice of the European Union in Tui & others v CAA would overrule any time limitation in the airline's conditions.

What action should I take next short of making an application to the small claims court?


Many thanks for any advice.

williamro

Dear Centipede100

Many thanks indeed for your very prompt and helpful advice.

I have written to Croatia Airlines suggesting that they look again at my case in the light of the 6 year limitation period and shall post on this forum details of any successful settlement.

I am not sure if claimants have been reporting success anywhere on MSE following the European Court judgement but feel it would be useful and encouraging to others to see any such results.

the_original_debbie_mcgee

I'm having a problem with Easy jet on a flight going back to Oct 2006. Initial claim at the time of the delay was ignored, but given the recent EU ruling I tried again. This time they said that claim had to be withn 2 years, but when pushed, sent another rejection saying the following....
quote
I write further to your claim for compensation concerning the delay to your flight EZY 2012 on 25/10/2006.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.

Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred. However, your contract with easyJet was not a simple contract; it was a contract for international carriage of persons by aircraft for reward. Contracts for international carriage of persons by aircraft for reward is govern by the Montreal Convention.

Article 39 of the Limitation Act 1980 provides that:
[The Limitation] Act shall not apply to any action or arbitration for which a period of limitation is prescribed by or under any other enactment (whether passed before or after the passing of this Act) or to any action or arbitration to which the Crown is a party and fir which, if there were between subjects, a period of limitation would be prescribed by or under any such other enactment.

Therefore, as per Article 39 of the Limitation Act 1980, it falls to the Montreal Convention to prescribe the limitation period for a claim for compensation under the Regulation which arises from the failure to correctly perform a contract of international carriage of persons by aircraft for reward.
Article 35 of the Montreal Convention states:

The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

The date your flight arrived at London Luton was on 25/10/2006, therefore the limitation period for this flight ended on 25/10/2012. The right to claim compensation has been extinguished.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.

I am sorry that we are unable to take your claim any further.

Yours sincerely

Damien

easyJet

Unquote
Any ideas on what to do next?

GLASGOWCHILL

Sent email to Easyjet regarding flight delay LGW-GLA in March 2010, initially they responded saying Montreal Convention applied and i was outwith timelimit of claiming which they suggested was two years.

Took the matter up with CAA (quick email to them with all the details), 10 days later a responses from Easyjet saying they would pay compensation.

Cheque for £405 (500 euros) arrived today.

Flight was delayed by 3hrs and 30 minutes, due to a computer fault affecting Easyjet at Gatwick.

OWT_FOR_NOWT

Centipede100 wrote: »

You would be better off adapting the CAA template: http://www.caa.co.uk/docs/2211/delay_standard_letter.pdf

After 'Compensation claim for delayed flight' at the top add a hyphen and insert Notice before Action.

Instead of 'I look forward to hearing from you...' insert:

'Should my claim not be settled in full or you do not respond with a full valid defence to my claim within 14 days of the date of this letter, I reserve the right to commence legal proceedings without further notice'.

This should be posted first class snail mail to the registered offices of the airline FAO The Company Secretary. Make sure you obtain (free) proof of postage at the PO counter.

No letter of reply from the Company Secretary in over 2 weeks. I sent my letter's Recorded delivery so I know they have been received and no reply from BA compensation claims in Sudbury either in over 7 weeks.

OWT_FOR_NOWT

Centipede100 wrote: »

Time to commence your legal claim...

You make it sound easy.

Would you proceed with my wifes first as the court cost will be less then see how she gets on before I proceed with mine and the kids?