FAQ's to flight delay compensation queries

111KAB

1ipstick wrote: »

I complained at the time but we received a couple of hundred dollars in vouchers to be used at that airline only.
Am I still able to make a claim under the new rulings?
thanks

A lot depends upon any 'conditions' attached to the vouchers. If they were just made as a goodwill gesture and you accepted/used them as such then you can probably can claim. If however you accepted them in compensation for a delayed flight then things become a little more difficult.

Vauban

I stumbled across this correspondence from a delayed lawyer to the offending airline: "Your letter is, in fact, a testimonium paupertatis for which every proper airline would be ashamed."

This is apparently legal trash talk. Translation reads as follows:

"The bag of poo that is your response to my letter is not only wrong in law but is desperately embarrassing as well. Why do you value your reputation so poorly?"

I encourage everyone to use it in their NBA, simply for the satisfaction it offers.;)

(The lawyer, incidentally, got his compensation!)

friendofbillw2

Vauban wrote: »

I stumbled across this correspondence from a delayed lawyer to the offending airline: "Your letter is, in fact, a testimonium paupertatis for which every proper airline would be ashamed."

This is apparently legal trash talk. Translation reads as follows:

"The bag of poo that is your response to my letter is not only wrong in law but is desperately embarrassing as well. Why do you value your reputation so poorly?"

I encourage everyone to use it in their NBA, simply for the satisfaction it offers.;)

(The lawyer, incidentally, got his compensation!)

Looking forward to kicking their testimonium paupertatis from here into next week!

(although I realise that in the context of being an involuntary admission of ignorance, my poor attempt at humour is a t.p. in itself!)

pcyuljr

Hi,

Sent an NBA a few weeks ago to Thomson so am now gearing up to issue court proceedings.

I have a couple of queries before commencing this stage though.

1) MCOL - I am claiming on behalf of my non computer savvy parents. Is MCOL suitable for this? It states it is for 'an individual', which is by definition a single person. However with it being one claim, for one flight against one company will I be able to submit a single claim for my mother and father using his method. I see it is the recommended way to go on this forum and from the claims I have read over, most appear to be for more than one person.

2) The reason for the claim is a 11 hr 35 min delay in 2011 for a bird strike to the incoming flight to Manchester, which resulted in the aircraft turning back to Sanford. My parents then had to wait at Manchester Airport until the same aircraft was checked over and then able to fly across to Manchester.

I have read through the Wallentin-Hermann judgement but this is predominantly based on technical faults and whether they constitute an EC.

I haven't found out much about bird strikes and their EC considerations so am after gauging peoples thoughts on the matter.

i) Is a bird strike such an usual occurrence for an aircraft flying in bird space, to justify an EC? I could see both sides on this matter.

ii) If it is an EC, is that all the court will look at? Or will they then address the length of the delay. i.e. a bird strike may justify a delay, but does it explain and justify a nearly 12 hour delay? Spare aircraft? Faster turnaround considerations etc.

I am not expecting a definitive reply (on part 2 of the question anyway) but any thoughts and opinions will be gratefully received.

Thanks.

111KAB

pcyuljr - sorry to be blunt but if you read through the various threads you will find your questions have been answered on numerous occasions previously.

pcyuljr

111KAB wrote: »

pcyuljr - sorry to be blunt but if you read through the various threads you will find your questions have been answered on numerous occasions previously.

Hi, don't apologise for bluntness, sometimes that's what I need!

However, I have read through the Thomson thread, the FAQ thread, the Wallentin-Hermann judgement and any info relating to bird strikes is minimal.

I have completed forum searches and again have only come across the odd line relating to bird strikes. In fact, this link is about the most in depth post I can see on the subject

http://avherald.com/h?article=460cae38&opt=1

It's not very useful and hardly a detailed discussion about the matter.

I may not be able to see the wood for the trees, so any direction will be appreciated.

Thanks.

Mark2spark

The trouble is that the original thread, which is now a sticky (the one with the most hits) covered this in depth, but due to the amount of people that asked repetitive questions the thread became overly long and almost impossible to find stuff.
Bird strikes are not EC. There are dozens of them reported daily. Further to that, the bird strike wasn't even on your flight, but the one previous sector.
*Somewhere* in amongst the huge thread I refer to above, there is a link that details 3 months of (recently) recorded bird strikes.

pcyuljr

Thanks Mark. If the info is definitely there, I will take a look at the sticky thread in forensic detail.

Is the answer to the MCOL question present there also?

111KAB

Bird strike details giving type of bird that was, number of legs (it had) etc.

http://www.caa.co.uk/default.aspx?catid=2008&pageid=11326

Mark2spark

I think most of the details about the in's and out's of MCOL are on the actual Gov't site.
But in an attempt to answer your question, - there's no answer to that!
I mean definitively.
Logically you can submit one claim for one booking, therefore covering multi passengers, and many people on this forum have done just that.
But there has also been an instance of a judge saying that there has to be separate claims for separate passengers. So it's down to the judge really. Logically it's a waste of the courts time to have two cases for the same thing, so that would be the line to use should a problem arise.
Whilst it won't effect you pcyuljr, others be aware that there isn't enough room on the MCOL form to include a long list of passengers, so the more traditional paper route should be used, - that's via form N1.