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MSE News: Flight delay compensation floodgates open

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  • dtm
    dtm Posts: 5 Forumite
    Part of the Furniture Combo Breaker
    edited 24 October 2012 at 10:43AM
    Bit of a long shot but we were delayed 11 hours 50 minutes on our flight from Manchester to Cuba because our plane had not arrived in time from Orlando due to an 'eagle flying into an engine on take off'.
    We were delayed because they did not put an extra plane on and waited for the Orlando flight to land, refuel and taker us to Cuba.
    According to the faa site the plane hit the bald eagle 3 days before our flight !
    You can check your flights here wildlife-mitigation.tc.faa.gov/wildlife/database.aspx
    Is this not a valid claim ?
  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    It is pretty disappointing for MSE to publish such an error-strewn or incomplete article. I have only edited it where it conflicts with the Regulation or case law and do take issue with the message that everyone should and can bring a claim from as far back as 17 Feb 2005. Only if legal claims for flight delay compensation had been commenced before the legal 'stay' was put in place in Aug 2010 would be eligible for flights going back to that date, and there were very few of these.

    I'm afraid this is where MSE lets itself down time and time again.

    In their haste to get a "story "published the "researchers" don't do proper research and revert to what I see as usual Headline grabbing stories-that are usually inaccurate.
  • goodfella789
    goodfella789 Posts: 184 Forumite
    edited 24 October 2012 at 11:01AM
    A few questions:

    I've read the article but it isn't clear if the compensation is per seat booked, or per booking?

    Jet2.com don't have a compensation page, should i write or use the feedback form?

    Could someone make a template letter and post on here?

    Does anyone think i'll have a chance under the following circumstances: Flight MAN to BCN delayed 4 hours, so people waiting at BCN for that plane back to MAN also delayed 4 hours.
    Guess what - exactly 7 days later the same flight back to MAN delayed by 4 hours again.
    Very poor and suggests mis-management rather than coincidence for it to be a repeated delay.
  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Could someone make a template letter and post on here?
    MoneySavingExpert.com will publish a full reclaiming guide on this topic next week

    Which-if it is the same standard as the article will be strewn full of errors
    though it may have a template letter (I doubt it though)

    Look at post 16 and the link there-in to the thread that's been around for a while
  • Hi
    I just wondered wether it is worth claiming from Jet2 for a flight my husband recently took. The flight was from Tel Aviv to Manchester - and should have departed 17:15 and arrived at manchester 22:00. Instead it was delayed and then diverted to Germany and he finally arrived at 06:00 the following day. He was not insured so should he claim from the airline. I read the terms and conditions but cant really fathom ths out

    Shosh
  • Thanks, will do.
  • blindman wrote: »
    I'm afraid this is where MSE lets itself down time and time again.

    In their haste to get a "story "published the "researchers" don't do proper research and revert to what I see as usual Headline grabbing stories-that are usually inaccurate.

    Hi

    Thanks to all who have fed back on the news guide. As with everything we write, this has been fully fact checked with the relevant people (the CAA in this case).

    We will however re-check all the points raised when putting together the guide to reclaiming.

    Dan
    Former MSE team member
  • hi
    we was delayed leaving from dalaman in i think oct 06 we were delayed over 24 hrs and kept in the airport for over 12 hrs at a time then when we did fly home the next day we had to fly in to east midland instead of doncaster
    when we boarded the plane was told that the company thomsons
    knew that there was a problem with the plane and it would take 24 hrs at least to sort but never told us we where in departure louge for about 6.and a half hrs waiting with no explaination then took us to a hotel til lunch time
    we was then returned to the airport as we where told that we was flying at about 2 pm only to be kept waiting until about 12.45 the next day over all wait was 24 and half hrs we tryed to claim from them at the time and i think they would only give us £25 compen
    will we be able to re claim thought this new ruling now
    if so how any help would be great as we was so mad with this we had 2 young kids with us at the time and it was just so annoying:mad: to be treated this way with no one telling us anything
    thanks for any help
  • egpx
    egpx Posts: 39 Forumite
    miduck wrote: »
    Bird strike would be an exceptional circumstance - it is beyond the control of the airline.



    Technical failure is not deemed to be a safety issue by the ECJ. Personally I disagree with this, but I don't make the law. ;)

    Thanks miduck. Any idea as to the situation with knock on delays? The flight I was due to take was Cardiff to Glasgow. The aircraft and crew in question commenced their day on time at Glasgow and, I believe, encountered a bird strike on approach to Cardiff. This led to a delay to their next flight which was to Paris whicls the aircraft was checked by an engineer. Exceptional circumstance. In Paris the flight was further delayed, possibly due to ATC restrictions though I don't know for certain. Not the airline's fault. By the time it arrived back in Cardiff it was three hours behind schedule. We were then informed that the crew were out of hours and were delayed another two hours until the standby crew, who were based at Birmingham, were brought to Cardiff to operate the flight. We arrived at Glasgow over five hours late. That delay possibly was the airline's fault as they could have anticipated the crew hours problem and had the standby crew in place earlier.

    The point I'm trying to make is that if an aircraft has been delayed for legitimate reasons earlier on in the day, do those legitamate reasons apply to later flights that have not yet managed to make the time up?
  • miduck
    miduck Posts: 1,800 Forumite
    So you think that just by completing a few forms, the claimant will receive a hearing and the compensation claimed? You clearly haven't taken an airline to small claims court...!

    You need glasses, I did not say that. I have ample experience of the small claims process (and not just in relation to airlines), and am well aware that defendants will do everything they can to win/ have a case thrown out. However there is little they can do to avoid a case going to hearing - in fact, the more obstacles they put in the way, the more likely it is to go to a hearing.

    Best to actually read what someone is responding to before ranting away, yes? :p
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