Flight delay compensation, US and Canadian Airlines

razorsedge

jackouk wrote: »

If it does go to court and you win, then again, United would have no defence against settling with the other eight passengers too.

In general, the above would tend to apply (and probably would). However, it is worth bearing in mind the sometimes mentioned "It depends on a particular Judge on a particular day" may apply. Whilst a win in small claims county court for an identical case may be persuasive, it is not binding. Another Judge may view the facts of the case differently.

111KAB

jackouk wrote: »

If it does go to court and you win, then again, United would have no defence against settling with the other eight passengers too.

As razorsedge says - depends what side of the bed the judge gets out of. Two Monarch cases I know about ....


1) Claimant thought that as had 'won' in court and rest of the family would receive compensation due upon application to Monarch. Airline refused and told him to go away so back to same court with same claim against same airline.
2) My case where I was awarded compensation against Monarch so I was then contacted by a couple on same delayed plane who sat near us on (eventual) flight. They wrote to Monarch with details of my claim/award and airline refused. So they are off to same Court (Worcester) with exactly the same circumstances plus they have my case and Huzar now in support of their claim.

Jirmette1

Please can anyone advise me on what to do next?

I emailed united following our flight delay, we had booked from LHR to Orlando via Newark. We had a short delay leaving Heathrow but this meant we missed our connection and had to spend the night in Newark, getting into Orlando 8 hours later than planned on the first flight out the next morning (after a very uncomfortable & short night)

I've had this reply...

to me
1 day agoDetails
Dear Ms.

Your email to Anne Seeley was received in her office, and I was asked to respond to you.

We have again reviewed your request for cash compensation and found that we complied with all the applicable regulations at the time of your flight.

I understand that the delay was, at best, very frustrating and truly regret you and your companions were disappointed. However, under European Regulation EC261, flights that are delayed less than three hours are not subject to compensation.

Please know that our legal department carefully reviews each of these matters with our system and technical operations groups to ensure we are in full compliance with the appropriate legal standards. Although the cause of the irregularity was unavoidable, we did what we could to minimize it.

Because we do recognize that your flight plans were negatively impacted, as a tangible gesture of our regret, we are sending you an email with Electronic Travel Certificates for each of you, valid toward a discount on a future United flight. You should receive the email within 48 to 72 hours.

Although additional compensation is not forthcoming, we sincerely hope that you and your companions will choose to fly with United Airlines in the future. You and your companions are valued customers and your business is appreciated.


They have since emailed us a $250 voucher each.

Please could someone advise on how I should word my response? Although the original flight was delayed less than 3 hours, it caused us to arrive 8 hours late so I feel they have ignored this.

Thank you

lyndac40

Hi Jirmette,

This the letter i wrote to United when they argued with me about the very same scenario.

United House Building 451,
Southern Perimeter Road
London Heathrow Airport
Hounslow
TW6 3LP

Delayed Flight Compensation - Notice before Action
Flight number:
Date:
Booking Ref:
Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
Amount claimed: 600 euros per passenger total 2400.00 euros

Thank you for your reply dated 26/4/2013.

Your letter is incorrect to assert that we were only delayed by 2 hours and 33 minutes on this flight. We were ticketed from Edinburgh through to Lansing. But because of the delay incurred during the Edinburgh to Newark leg, our subsequently directly connecting flights were missed, which resulted in us arriving at our final destination 16 hours late.

You will be aware of the recent judgement in the Grand Chamber of the European Court (Folkerts v Air France) that confirmed that Article 7 of Regulation (EC) No 261/2004 "must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time".

I must therefore insist that United either settle my claim in full or provide a full defence to my claim within the next 14 days. If you fail to do so, I reserve the right to issue legal proceedings without further notice.

Hope this helps you.

Lynda xxxx

jeanmd

Hi, I'm hoping someone can advise me on whether to help my daughter put in a claim.

She was due to travel back from the USA on the 15th Jan, but received an email from Delta a couple of hours before she was due to fly telling her there was a delay on the flight between Albuquerque and Atlanta which would mean she would miss the flight on to Manchester and they would try to get her onto a different flight or she could go online to choose a different one.
The flight was due to Leave ABQ at 1.28pm the flight they offered would have left at 8.02pm and went to Amsterdam instead of Atlanta.
Luckily she was staying with her brother so had somewhere to stay, but the evening flight wasn't convenient for them so she choose to fly home the following day on the same time schedule as her original flight.
As the flights were booked through Delta can she claim anything for the delay?

Thanks. x

Caz3121

non-EU airline delays only qualify for EU compensation when they are departing from the EU. So EU compensation will not apply since the delayed flight was departing from outside the EU. She could try her travel insurance to see what they cover

jeanmd

Caz3121 wrote: »

non-EU airline delays only qualify for EU compensation when they are departing from the EU. So EU compensation will not apply since the delayed flight was departing from outside the EU. She could try her travel insurance to see what they cover

Thanks,
She decided to stay in the USA an extra month and bought her travel insurance for the extra duration from a different company from her original one as it would have been quite expensive and she was paying for flights both ways when she would only be traveling one way. Unfortunately, it didn't cover delay just cancellation, curtailment and trip interruption.

Jirmette1

lyndac40 wrote: »

Hi Jirmette,

This the letter i wrote to United when they argued with me about the very same scenario.

United House Building 451,
Southern Perimeter Road
London Heathrow Airport
Hounslow
TW6 3LP

Delayed Flight Compensation - Notice before Action
Flight number:
Date:
Booking Ref:
Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
Amount claimed: 600 euros per passenger total 2400.00 euros

Thank you for your reply dated 26/4/2013.

Your letter is incorrect to assert that we were only delayed by 2 hours and 33 minutes on this flight. We were ticketed from Edinburgh through to Lansing. But because of the delay incurred during the Edinburgh to Newark leg, our subsequently directly connecting flights were missed, which resulted in us arriving at our final destination 16 hours late.

You will be aware of the recent judgement in the Grand Chamber of the European Court (Folkerts v Air France) that confirmed that Article 7 of Regulation (EC) No 261/2004 "must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time".

I must therefore insist that United either settle my claim in full or provide a full defence to my claim within the next 14 days. If you fail to do so, I reserve the right to issue legal proceedings without further notice.

Hope this helps you.

Lynda xxxx

Thank you, I took this advice and sent the email, have just had this reply...

"Thank you for the final opportunity to address your concerns regarding your flight from August 2013. After further review, we again found that United Airlines complied with all of the applicable regulations at the time of your flight.

We truly regret any inconvenience you and your companions may have incurred while traveling with us. It is our sincere desire to move forward in our business relationship with you, and we realize that you have a choice of carriers. We will consider this matter closed and will no longer correspond regarding this issue, but invite you to contact us again if we may address a future travel-related issue.

Given the opportunity to welcome you and your companions aboard in the future, we are confident your next experience will warrant a much more favorable report."

Can anyone advise on what I should do next, there's not even a defense here, not impressed!

David_e

Jirmette1 wrote: »

We will consider this matter closed and will no longer correspond regarding this issue,.

Can anyone advise on what I should do next, there's not even a defense here, not impressed!

Well I'll give you a clue. They would have to "correspond regarding this issue" if you take court action. Read the FAQs and take it from there.

lyndac40

Jirmette1 wrote: »

Thank you, I took this advice and sent the email, have just had this reply...

"Thank you for the final opportunity to address your concerns regarding your flight from August 2013. After further review, we again found that United Airlines complied with all of the applicable regulations at the time of your flight.

We truly regret any inconvenience you and your companions may have incurred while traveling with us. It is our sincere desire to move forward in our business relationship with you, and we realize that you have a choice of carriers. We will consider this matter closed and will no longer correspond regarding this issue, but invite you to contact us again if we may address a future travel-related issue.

Given the opportunity to welcome you and your companions aboard in the future, we are confident your next experience will warrant a much more favorable report."

Can anyone advise on what I should do next, there's not even a defense here, not impressed!

Hi Jirmette

Exactly the same response I got.

Next step take them to small claims court.

Lynda xxx