MSE News: Flight delay compensation floodgates open

jayjay1981

Can anyone offer advice; flew out in May 2008 with Virgin and was delayed by about 12 hours. Just spoke to their customer service who advised me not to bother filling out the compensation form as they can only consider those since 2009?? Guidance? MSE article says since 2005 however I cannot find that information out the same, anywhere else.

Thanks,

Jamie

Dncrsgrn

Centipede100 wrote: »

Sorry, but your claim is now time-barred by the Limitations Act section 5:

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

You have 6 years to start a legal claim under the small claims track of the County Court.

MSE article states



Passengers can claim compensation if the following conditions are met:

• The flight arrived at its destination three hours or more late.
• The flight departed on 17 February 2005 or later.
• The flight departed from an EU airport, regardless of airline, or was on an EU airline where the flight departed from or landed at an EU airport.

Who's right!!

111KAB

Dncrsgrn wrote: »

MSE article states




Passengers can claim compensation if the following conditions are met:

• The flight arrived at its destination three hours or more late.
• The flight departed on 17 February 2005 or later.
• The flight departed from an EU airport, regardless of airline, or was on an EU airline where the flight departed from or landed at an EU airport.

Who's right!!

Centipede!

blindman

Dncrsgrn wrote: »

MSE article states



Passengers can claim compensation if the following conditions are met:

• The flight arrived at its destination three hours or more late.
• The flight departed on 17 February 2005 or later.
• The flight departed from an EU airport, regardless of airline, or was on an EU airline where the flight departed from or landed at an EU airport.

Who's right!!

As 111KAB states it's Centipede.

The law (Regulation 261/2004) that sets out compensation etc came into effect on the 17th Feb 2005

However the Time limit for breach of contract is 6 years:cool:
When you fly you enter a contract of "carriage by air"

So it would seem you can't claim for anything over that period.

For info
CAA web-site

fiona242

Can I ask some advice?
I am flying to California on Friday, returning two weeks later with BA.
When I logged on to see my flights on Thursday night I noticed the return flights had disappeared (panic!)
I called my travel agents, but could only speak to the sales team as customer services had gone home. They had limited info and could only tell me the seats were showing as cancelled by the airline. They told me not to panic, it was not my fault and to contact customer services the next day. I called BA anyway, and they (very rudely) told me it it was between me and my travel agent and they wouldn't do anything.
Customer services yesterday told me that BA had pulled the flight, she had to book me a different flight two days later and they paid my extra hotel costs.
My question is; what right do I have to compensation from BA?

They didn't notify me that the flight had been cancelled (the EU Regulation 261/2004 does state that the burden of proof that the passenger has been informed ultimately lies with the airline - and even when I called to ask they didn't tell me!)
I had less than 7 days notice before my departure (but it was my return flight that was cancelled, so is that really 20 days notice??)
The travel agents have covered the cost for extra accomodation, but am I still entitled to meals/refreshment?

Either way I'll be calling BA to complain, less because they cancelled my flight and more because no-one thought to tell me(!), but I'd like to be armed with my rights before I do
Thanks!

Enterprise_1701C

This should be interesting - we flew to Cuba on 23rd August on TCX134. We took off 2.5 hours late, and we were 6 hours into the flight when the pilot came on the tannoy and advised he had been ordered to turn back to Gatwick and had done so 2 hours previously. The computer had thrown up a problem, he had argued he should land in Cuba as normal, Ops Dept had told him to turn around.

We spent a sleepless night at the Gatwick Hilton, were given £10 food vouchers (which a lot could not use by the time we landed and were checked in) and took off again 26 hours after the flight was first scheduled.

We arrived 26 hours late but were so exhausted that we ended up losing another day of the holiday just catching up on sleep!

Voyager2002

Enterprise_1701C wrote: »

This should be interesting - we flew to Cuba on 23rd August on TCX134. We took off 2.5 hours late, and we were 6 hours into the flight when the pilot came on the tannoy and advised he had been ordered to turn back to Gatwick and had done so 2 hours previously. The computer had thrown up a problem, he had argued he should land in Cuba as normal, Ops Dept had told him to turn around.

We spent a sleepless night at the Gatwick Hilton, were given £10 food vouchers (which a lot could not use by the time we landed and were checked in) and took off again 26 hours after the flight was first scheduled.

We arrived 26 hours late but were so exhausted that we ended up losing another day of the holiday just catching up on sleep!

Dubious.

For a start, whether or not you slept in the hotels provided is completely irrelevant and should not be mentioned.

If something unexpectedly goes wrong with an aeroplane and so it returns to base and remains on the ground until the problem has been completely repaired, no compensation is payable. Airlines are not penalised for putting safety first! However, if the problem was the result of a known fault, or could have been corrected by preventive maintenance, then a claim might succeed.

fiona242

Centipede100 wrote: »

Fiona

The airline has given you >14 days notice therefore no compensation, you would be entitled to be reimbursed for any additional meals/refreshments whilst you wait for your new return flight. As ever, be reasonable (no alcohol or 5* dining) and you will be reimbursed on production of (copies of) receipts.

Thanks for this
To be honest its nice to get an extra two days in the hotel for free, but it wouldn't be my first choice and means I need to take an extra day off work.
I've prepared myself for having to meet the extra meal costs myself, keep all the receipts and if I get anything back I'll be a bonus
- you don't ask you don't get

EssEss

We were delayed at a UK airport. We were delayed in total for 11 hours and 30 mins!!!!!! ,
We waited at check in for 4 hours, to be told the plane was on its way. We were taken by coach for tea then back to the airport, booked in and put in departures, what they failed to tell us was there was in face NO plane coming for us!! They closed the airport and we were stuck in the departure lounge!! Eventually a foreign airplane collected us (OMG it was like a tin can) and we were took to our destination. No one on board got their inflight meals or any refreshments as the plane was not stocked, and to add to the problems the hotels at the other end had cancelled our rooms as we were nearly a day late!!!!!!
We received NO compensation for this but as soon as i am finished writing this i know what i will be doing.
Thank you MoneySavingExpert for letting us know about this one.

richardw

EssEss wrote: »

...We were delayed at a UK airport. We were delayed in total for 11 hours and 30 mins!!!!!! ...

Which airline was it?

Have they said why there was a delay?