FAQ's to flight delay compensation queries

CobyBenson

ally0402 wrote: »

Hi there,
I’m hoping someone might know the answer to my question. I’ve tried to claim compensation for 2 flights I’ve taken. Both fit the correct criteria e.g. over 4 hours and over 3.5km. However, for each booking, I got a small discount from a family member who works in the travel industry.
I’ve been told that ‘The EU denied boarding regulations state that a claim for compensation can only be made where a booking has been made at a price available to the public. Therefore, bookings made using a discount are not eligible.
Does anyone know if this is correct?

Yes, the airline is correct.

David_e

ally0402 wrote: »

Does anyone know if this is correct?

At the risk of rubbing it in, Reg 3.3 says:

"This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public".

always_being_ripped_off

Am surprised nobody has brought this up. Or I they have I've missed it. Basically I have thrown all the details away as this compensation for delayed flights had not happened. All I can find is a boarding pass for the outward journey which was on time. It was the return flight although the flights we booked were for outward and return journeyit was with XL Airways in 2008. Can anybody advise

Vauban

You mean the XL airways that went bust? And if so, who do you think is going to pay you compensation?

Mark2spark

always_being_ripped_off wrote: »

Am surprised nobody has brought this up. Or I they have I've missed it. Basically I have thrown all the details away as this compensation for delayed flights had not happened. All I can find is a boarding pass for the outward journey which was on time. It was the return flight although the flights we booked were for outward and return journeyit was with XL Airways in 2008. Can anybody advise

That's just hilarious that you've posted that on the FAQ's sticky. :rotfl:
Have a look at the OP, in particular anything written in red.
Not sure how you missed that? :undecided

Wonga

Thomas Cook have filed a defense. This may be of use to others.

The first point of there defense is that their name is Thomas Cook Airlines Limited and not simply Thomas Cook.

They claim the delay was extraordinary circumstances due to the following:

"Flight TCX499k from Manchester to Tenerife on 21st October 2007 was delayed due to a fuel spar valve issue on the No 2. engine. An engineer and spares was sent from the UK. The spar valve actuator was replaced but this did not cure the defect. A short circuit was discovered at the connector as well as cable damage back 2 feet from the connector, which was subsequently repaired. The defendant confirms that we have had no previous history of the problem, it is the defendants case that the delay was caused by extraordinary circumstances"


Any advice on whether this would be deemed as 'extraordinary'.

Please note, we we originally asked with our NBA letter the cause of the delay, they advised that the delay was "fully investigated" and the delay was due to weather conditions. This has now changed in their defense!

Notgoingaway

Please delete

Musicology

Hi there,

Please could someone advise how I translate the Euros claimed figure into pounds for the purposes of my MCOL claim I will be claiming 500 Euro for myself and my husband for a cancelled flight on 7th October 2013. Do I check what the Bank of England exchange rate was on that day or the rate on the day I submit my claim?

Many thanks for any answers.

David_e

Musicology wrote: »

Hi there,

Please could someone advise how I translate the Euros claimed figure into pounds for the purposes of my MCOL claim I will be claiming 500 Euro for myself and my husband for a cancelled flight on 7th October 2013. Do I check what the Bank of England exchange rate was on that day or the rate on the day I submit my claim?

Many thanks for any answers.

There seem to be differing views. This is mine:

http://forums.moneysavingexpert.com/showpost.php?p=64055082&postcount=4460

David_e

Wonga wrote: »

The first point of there defense is that their name is Thomas Cook Airlines Limited and not simply Thomas Cook.

This shouldn't be an issue although you might have to pay to amend. I'm pretty sure similar points have been covered on here if you search the foum.

Wonga wrote: »

"Flight TCX499k from Manchester to Tenerife on 21st October 2007 was delayed due to a fuel spar valve issue on the No 2. engine. An engineer and spares was sent from the UK. The spar valve actuator was replaced but this did not cure the defect. A short circuit was discovered at the connector as well as cable damage back 2 feet from the connector, which was subsequently repaired. The defendant confirms that we have had no previous history of the problem, it is the defendants case that the delay was caused by extraordinary circumstances"

Any advice on whether this would be deemed as 'extraordinary'.

It isn't; it's just another technical issue. On the very specific point about the historic reliability of a component, the Wallentin judgement says:

"37. …. the frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded. "