MSE News: Flight delay compensation floodgates open

blindman

gate.78 wrote: »

Could a claim still be made if the airline provided overnight accommodation and meals? Back in August 2010 myself and my 3 children had a 24 hour delay flying from Gatwick to Orlando on Virgin Atlantic. This was apparently caused by our aircraft engine being damaged on the run way when it was in the Bahamas (a truck hit it!). VA provided rooms at an airport hotel and we flew out next day on a slightly older and ropier VA 747. Never thought before about making a claim...doh.

I'd say no (My Opinion-not an expert) as:-

What if the airline is not at fault?
Where the delay is out of the airline's hands, you are not entitled to compensation.

At least you got looked after with hotel and food. :cool:

Now had that been Ryan Air :eek:

Kushan

According to Easyjet's own site, they'll give compensation for delays of 2 hours or less on short flights (1500Km or less). We had a delay on our flight last year, just checked:



:rotfl:

You know they'll say that 1hour 57mins doesn't count!

bazaar_2

crooner123 wrote: »

I just called Thomas cook regarding the new european ruling only to be told that it is not recognised in the UK. See letter below.
I write further to our telephone conversation regarding the flight delay you experienced.

Flight delays do unfortunately occur from time to time, however, I appreciate they can be inconvenient and would apologise for any inconvenience this may have caused.

Following a decision of the European Court of Justice(ECJ) in November 2009 compensation for delays became available. However, on 10th August 2010 the UK High Court referred this decision back to the ECJ and pending it’s ruling, all existing and future claims for compensation for delay have been stayed.

Thomas Cook is aware that on the 15 May 2012, the Advocate General gave his opinion on the ruling made by the European Court of Justice (ECJ) on the 19.11.09 to pay compensation in a delay situation, dependent on cause and duration. This opinion will now be placed before the Grand Chamber to consider and decide whether to agree with his findings or dissent and reach an alternative conclusion. This decision is expected within the next three to six months. Until this ruling has been made our position remains unchanged and we will not pay compensation in a delay situation, which is reliant on the ruling of the 19.11.09.

Although the EU ruling has now been overturned to say that customers will now be compensated for flight delays, this has not been changed under UK laws. Therefore as it stands, we would not offer compensation for the delay you experienced.

You can of course contact us again once the ECJ’s decision has been delivered and we would be happy to reopen your file and consider compensation.

Hi Crooner, it is exactly the same templated letters a lot of people have been recieving including myself. There is a very large thread about this and Centipede100 has posted up a good write up of the procedure, I dont think the detail will change that much even when MSE get things put together. It will most certainly involve an application to small claims court, people must ensure they dot their i's and cross their t's on the claim so that any airline legal eagles cannot debunk your claim. So be prepared to go to court,

kirstiej

I had a flight cancelled in August 2008, flying with Easyjet. Although I was provided accommodation and flew out the following day, it is my understanding that we are still entitled to compensation. Can anyone confirm this?

geckofabulous

I flew back from Alicante to Manchester with easyjet a couple of years ago and was del;ayed for 6 hours. I asked to be put onto another flight but had to make an alternate journey since it was a different airport, and my girlfriend of the time was having panic attacks about it. They agreed. ajnd I tried to put in a claim for additional expenses. They said I wasn't entitled to anything although their customer service rep at the airport had said I would be able to claim for moderate additional expenses incurred as a result of the other flight. They declined thei sna dI referred this to the FTA, or whatever they're called who ruled in my favour, but then I never heard anymore about it. Can I staill make a claim?

maximus0983

I just checked the BA site and filled in my details. Flightstats showed the flight I was on was delayed by 213 minutes (3.5 hours).

BA say they cannot pay compensation as the flight was not cancelled.

Is this just for cancelled flights or delays too?

Nikesh

Cazzad_2

Hi
I was refunded the holiday package by my insurance company, when Easyjet had cancelled the flight, but can I still claim compensation for the cancellation?

ralphhome

Thomas Cook are not interested in new compensation rules so far. Glass of wine for a 4 hour delay is sufficient, apparently.
Beware Thomas Cook and Doncaster Airport combination - pilot tinkered and then asked for engineer to cover his actions. Four hours to get engineer from Manchester; seems like no engineering support at Doncaster.
I suspect that the holiday airlines have it all stitched up as usual.
Looks like Small Claims Court and lots of publicity for me.

droylie

I started a claim against Thomson in 2010 when we were delayed for 14 hours and I already started the procedure in the small claims court. i did receive notification from the County Court saying that all claims were put on hold until this ruling was complete. How do I restartk my claim? Will the County Court (Northampton where Thomson are based) automatically restart the claim or do I need to do anything? My delay was caused because they used our plane for other passengers in Mexico (we were in Majorca) so it wasn't an act of god - it was their decision.
Many thanks
Kerrie

Cawley

Just had this stock reply from Thomas cook:

Thomas Cook Airlines - Flight Delays
"From time to time, Thomas Cook Airlines will experience flight delays, the vast majority of these are usually due to the complexity of flight programmes, and various other factors affecting airports and airspace. Thomas Cook Airlines will always do its best to minimise both the numbers of flights which are delayed, and the impact that is has on our customers holiday. We also need to plan the rest of our flight programme, to best use our fleet for the benefit of all our customers.
The UK airport agencies and our overseas reps will always look after our delayed customers, and will ensure that where appropriate, they receive food and drinks relevant to the length of any delay. On the 23rd October the European Court of Justice gave judgement and has ruled that in those circumstances, compensation will not normally be payable.
In the event that a customer believes that they have a claim for a long flight delay, we will of course consider carefully whether compensation is properly payable for that claim, but customers should be aware that this will only be the case in relation to a very small number of claims."

Anyone had anything similar?