FAQ's to flight delay compensation queries

LBD

Mark2spark wrote: »

FAQ's

All blue words are links to relevant posts.

WARNING
Please read these FAQ's and guidance, together with the MSE article in order to discover useful information before you ask a question!

What to do next after reading the FAQ's.

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.... but check out the corrections to the (inaccurate) MSE article:

MSE article corrected

Flight Stats Check your delay length time (you may have to register)

'Which!' draft letter to set the ball rolling Start off your claim
Alternatively:

CAA Template letter Standard claim letter to initiate a claim

After denial of your claim, issue 14 days notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days notice before court claim.

Small claims time limit Its 6 years

Package holiday flights ARE covered.

Regulation261\2004
CAA Denied boarding
Right to Care
CAA contact details

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
EC's explained yet again

Thomas Cook address, phone number, and email address
Thomas cook incident Oct 26 2012

Thomson address

KLM Claim form
Ryanair address
Ryanair Irish appeal explained
How to combat Ryanair using the English Court System
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address

Compensation per person + Monarch email
Monarch Claim form

European small claims court forms How to issue a court claim against a foreign airline with no UK address

Airline claims 2 years maximum to claim The UK time limit is 6 years, - that's the Law

Judgement on 22nd NOV confirms the limit is whatever applies in the Country - UK is 6 years

Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment - The ECJ Grand Chamber ruling on the 23 October 2012

Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours

MCOL : Link to the Court Forms

PLEASE PLEASE PLEASE READ....MARK AND CENTIPEDE HAVE GONE TO A GREAT DEAL OF EFFORT TO CREATE AND UPDATE THIS LIST.....

IT WOULD BE SUCH A SHAME FOR THIS THREAD TO BE CLOSED:eek:

Windi_Mark

I have made a claim against US Airways for a flight cancellation in Aug 2011 (last leg of return from holiday in USA flight from Charlotte to Gatwick). It was an additional 3 days before we (family) could get back home. US Airways have responded saying no claim valid?! Is this true? Below I have copied their response.

..."Thank you for your request for compensation under EU Regulation 261/2004. The Regulation does provide for compensation to be paid to passengers in the event of a flight delay or cancellation. However, the Regulation does not apply to passengers departing from a third country, such as the United States, to a Member State when operated by a non-Community carrier. As Flight 732 departed from Charlotte and the United States is not a member state within the European Union and US Airways is not a community carrier, the Regulation would not apply and no compensation under the Regulation would be due."

Can I go anywhere with this or have I hit a brick wall?

Thank you for your help.
Mark

urban469

Mark2spark wrote: »

The question of what costs are likely to be incurred, with a MCOL / County Court claim, if you should lose your case, are detailed

here.


No tickets? No boarding cards? No booking reference? Does the airline want proof that you were on the flight?
Then force them to reveal their records to you!
Use a Subject Access Report.



.

That link seems to be broken. Also, is there a step-by-step guide to MCOL on here somewhere? Thanks!

Mark2spark

urban469 wrote: »

That link seems to be broken. Also, is there a step-by-step guide to MCOL on here somewhere? Thanks!

Link fixed.

MCOL is the bottom link in the OP FAQ's.

J_B

Mark2spark wrote: »

A question often asked is whether an EC, that effects the flight previous to yours, is also an EC on your flight, as a knock on effect.
The answer is NO.
Point 37. Finnair Oyj v Timy Lassooy Case C-22/11
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0022:EN:HTML

Sorry, I'm just catching up ....

Mark2spark wrote: »

Yes I agree. The whole of the text from within point 37 of Finnair goes further:
"extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight"
So, later delays - even on the same day - are not EC's because there was an earlier EC.

Couldn't 'the airline' say that outbound and return were the same ‘particular aircraft on a particular day’?

Also, point 37 onwards mainly related to 'denied boarding' - is that the same as a 7+hr delay???

We were delayed, but only because we were waiting for the outbound flight to arrive.

Umpire

Thomas Cook have settled my claim with discount vouchers without my agrement.Can they legally do this?

Mark2spark

No they can't.

TraceyM5

Hello

I have read the FAQ's and there doesn't appear to be a thread for Virgin so I'm posting this. I apologise if it's in the wrong place. I can't see this question being asked before so here goes.
#I have sent the forms off to Virgin to claim for my over 4 hours delay to Orlando. They have sent replies to each (myself, husband and 2 kids) advising they would respond within 6 - 10 weeks. That was on 6th Dec 2012. Two weeks ago I wrote to them advising it was over the stated time and I expect a reply within 7 days. This hasn't happened.
What can I do next? Any advice would be greatly appreciated.

Vauban

TraceyM5 wrote: »

Hello

I have read the FAQ's and there doesn't appear to be a thread for Virgin so I'm posting this. I apologise if it's in the wrong place. I can't see this question being asked before so here goes.
#I have sent the forms off to Virgin to claim for my over 4 hours delay to Orlando. They have sent replies to each (myself, husband and 2 kids) advising they would respond within 6 - 10 weeks. That was on 6th Dec 2012. Two weeks ago I wrote to them advising it was over the stated time and I expect a reply within 7 days. This hasn't happened.
What can I do next? Any advice would be greatly appreciated.

1. Post in the Virgin thread (it's hidden in plain sight)
2. Write a NBA with a 14 day deadline
3. Then take them to court or walk away

richardw

....please delete.