FAQ's to flight delay compensation queries

derekbr

I have a delayed flight that I had booked, and paid, via Continental. The actual flight was operated by Virgin.


Who is liable pleas - Continental (now United) or Virgin. United are saying I should claim to Virgin - is that the correct situation please??

Ich_2

The operating air carrier as stated in the EC legislation = Virgin

111KAB

Karb wrote: »

Sorry if this has been asked already, but at what point does interest become payable? Is it from the date of the delay, or of the claim?

Thanks

From date of delay.

OldManAhoy

Hi, hopefully I'm in the right place. Think these are generic maybe not FAQ cause I haven't found much reference in other threads:

• Scottish Sheriff & English County Court judgements is there a free database?
• 261/2004 article 8. Anybody have a legal definition for 'comparable transport conditions'?
• article 12 Further Compensation. Case law & recital 2 talks about inconvenience. Can I claim for all the messing around I've had to do to establish my rights because the airline didn't comply with the regs and provide the information they are obligated to?

Thanks in advance

Waly

Hi all, haven't seen my scenario listed yet but won't claim to have read all and every post.

Flight date 2007
From London Heathrow
To Sydney Australia
VIA Singapore 2 hour stop.

Departed Heathrow on time - Landed Singapore on time with 1 failed engine.

Informed at gate will not be leaving this eve. Flight departed 2 days later.

The Airline DID put us up in hotel for this period, however reached final destination 2 days late.

Grounds for Claim? Or is Singapore considered the departure of new flight, Same aircraft was intended to be used as it was just a stop over, bags remained on aircraft.

Thanks in advance, sorry if this is wrong section, just getting an idea if this would be considered 'claimable'.

Vauban

Waly wrote: »

Hi all, haven't seen my scenario listed yet but won't claim to have read all and every post.

Flight date 2007
From London Heathrow
To Sydney Australia
VIA Singapore 2 hour stop.

Departed Heathrow on time - Landed Singapore on time with 1 failed engine.

Informed at gate will not be leaving this eve. Flight departed 2 days later.

The Airline DID put us up in hotel for this period, however reached final destination 2 days late.

Grounds for Claim? Or is Singapore considered the departure of new flight, Same aircraft was intended to be used as it was just a stop over, bags remained on aircraft.

Thanks in advance, sorry if this is wrong section, just getting an idea if this would be considered 'claimable'.

Assuming your flight was in the latter half of 2007, and your ticket was London to Oz, then you should have a claim.

OldManAhoy

Centipede100 wrote: »

No, Sherriff & CCJs are not routinely published.

"Comparable" briefly means non-stop flight if that is what you booked, or indirect multi-leg flight if that is what you booked, can also refer to the class of booking and to the mode of transport i.e. by air rather than by sea.

You have no further recouse except under the Montreal Convention but the hurdle of proof for the airline is rather different and easier to that under 261/2004.

Thanks. No offence but is that your definition of comparable or a legal one? Am in court tomorrow and it forms part of my claim.
Montreal not applicable I think, only applies to international flights? Mine was internal. My argument is that Loganair failed to provide info as per ec261 this breached their own conditions of carriage and therefore is a breach of contract. Its a bit of a stretch and was trying to shore up argument.

OldManAhoy

Centipede100 wrote: »

No offence taken. There has been no case law on the matter of comparable travel conditions so far as I am aware so you can take my definition or not.

You will not succeed under breach of contract I believe, since only the CAA may bring an action for breach of the Reg itself. Passengers may bring a private cause of action to recover the standardised compensation or recover the cost of the Art 9 Right to Care but limited to those aspects only.

Oh well. I'm committed now. Live in Scotland and have Preliminary Hearing in Sheriffs Court tomorrow. Have claimed for:
comp for cancellation (electrical fault not EC)
element of 'unused' ticket cost (put us on a much cheaper (& longer) ferry)
additional & unnecessary inconvenience

1ipstick

Hi all
Wondering what the case would be in our.. case.
Did a big move to the US in 2009, the flight out was delayed by 23.5 hours (I assumed they did this because going beyond 24 hours would = more compensation for passengers!).
I complained at the time but we received a couple of hundred dollars in vouchers to be used at that airline only. Given that their service was so awful and they always came out at the most expensive, we've never used them (they were only valid for one year iirc).
Am I still able to make a claim under the new rulings?
thanks

OldManAhoy

1ipstick wrote: »

Hi all
Wondering what the case would be in our.. case.
Did a big move to the US in 2009, the flight out was delayed by 23.5 hours (I assumed they did this because going beyond 24 hours would = more compensation for passengers!).
I complained at the time but we received a couple of hundred dollars in vouchers to be used at that airline only. Given that their service was so awful and they always came out at the most expensive, we've never used them (they were only valid for one year iirc).
Am I still able to make a claim under the new rulings?
thanks

No expert but I think the short answer is yes. The relevant regulations are EC261/2004. Presume departure airport was here in the UK?
The specific article in the regs is 15(2) it says that if you weren't correctly informed of your rights and have accepted 'inferior' compensation you may still have a claim. Probably first thing to do is write to the airline, point this out to them and see what they say.