Flight delay compensation, all other non-EU airlines

razorsedge

timbers wrote: »

Hi, I was wondering if someone could give me some advice on a flight with Thai. Me and my wife were meant to fly from Heathrow to Bangkok in July last year and then connect onto Hong Kong to see the in-laws who live there. We only had 4 days there before heading back to Thailand and Phuket for our holiday.

Things went wrong when the Heathrow flight was cancelled, we were told at the airport it was due to a fault with the engine and that the only option that they were waiting for parts. It was an evening flight so we were made to queue with Servisair for 3 hours in the heat and then were assigned a hotel for the evening and told to ring at 7am the next morning to find out when the flight was leaving. In the morning, after being on hold for over an 90 mins (costing £40) on a mobile phone, we were told that the parts had not arrived and that they would arrange alternative flights. Eventually, we were flown by BA to Tokyo, later that day, had to wait, 6 hours in the terminal and then flown to HK. Overall, we arrived in HK, 25 hours late.

When we got back after the holiday, we contacted Thai customer services, they now told us that the fault was due to a baggage lorry hitting the plane and thus it was 'extenuating circumstances' and thus we could not get any compensation. We then appealed with the CAA (to find out if that actually was the reason) and after waiting a few months, they just referred it back to Thai reopen the case. A year later, we have eventually got an offer from Thai (after issuing a small claims application) of $400 in form of a goodwill gesture due to the inconvenience we received.

I think it is probably better to take the money and draw a line under the issue or are they just fobbing us off with a cheaper option than paying the correct compensation. They do say the CAA has now shut the case.

Many thanks for any advice offered.

My advice is to thouroughly read the FAQ's on page 1 of this thread then you should be able decide yourself the merits of your claim.

timbers

razorsedge wrote: »

My advice is to thouroughly read the FAQ's on page 1 of this thread then you should be able decide yourself the merits of your claim.

Sorry, I did that and used the Which template letter in my original claim, communicated with the CAA and airline etc. I tried but couldn't find anything on being offered 'goodwill' compensation and what to do with that.

razorsedge

timbers wrote: »

Sorry, I did that and used the Which template letter in my original claim, communicated with the CAA and airline etc. I tried but couldn't find anything on being offered 'goodwill' compensation and what to do with that.

Sorry, misread earlier. If you have already started court action then you know the merits of your claim and what it is worth. Only you can decide if the offer is equal to your own 'value' of the claim plus court costs (already incurred) plus interest (if claimed for).

BTW If the offer does not have any strings attached (eg is it made in full and finaly settlement of your claim or not?) then accepting the 'goodwill' does not prejudice your right to the full amount of statutory compensation due.

razorsedge

timbers wrote: »

When we got back after the holiday, we contacted Thai customer services, they now told us that the fault was due to a baggage lorry hitting the plane and thus it was 'extenuating circumstances' and thus we could not get any compensation.

1. Extenuating circumstances are not a valid reason for refusing compensation. Circumstances have to be extraordinay.
2. The regs allow Thai to pursue the baggage truck company for recompense if they have to pay you compensation due a a third party fault.

timbers

razorsedge wrote: »

Sorry, misread earlier. If you have already started court action then you know the merits of your claim and what it is worth. Only you can decide if the offer is equal to your own 'value' of the claim plus court costs (already incurred) plus interest (if claimed for).

BTW If the offer does not have any strings attached (eg is it made in full and finaly settlement of your claim or not?) then accepting the 'goodwill' does not prejudice your right to the full amount of statutory compensation due.

They have sent us a liability claim discharge form to sign which they want us to send back and then they will pay us the goodwill gesture, thus there is strings attached!

It is for that reason that I am tempted to continue with action.

Vauban

timbers wrote: »

They have sent us a liability claim discharge form to sign which they want us to send back and then they will pay us the goodwill gesture, thus there is strings attached!

It is for that reason that I am tempted to continue with action.

I'd be inclined to continue too.

nu2forums

Thai claim that because their plane was damaged on the ground by an airport vehicle before take-off this was an extraordinary circumstance and are refusing to pay for 13 hour delay - is this legal?

Vauban

nu2forums wrote: »

Thai claim that because their plane was damaged on the ground by an airport vehicle before take-off this was an extraordinary circumstance and are refusing to pay for 13 hour delay - is this legal?

Read and post here - even something today similar on Thai:

http://forums.moneysavingexpert.com/showthread.php?t=4445423

nu2forums

Great, but do I have a claim?

welshdaffodil

Hi

I went with my husband and another couple to Paris in 2006 with BA. Our 8pm return flight was cancelled at 10pm after being delayed for over 2hrs we were booked onto a flight the next day, we were also put up in a hotel.

I wrote to BA and their response was "as your claim is over 6 years old you are now out of time for pursuing a claim for compensation through the courts and therefore BA will not consider your claim"

So, I filled out the EU complaint form in March 2014 and sent it off together with copies of all letters to and from BA and have heard nothing.

Any ideas what I should do next!!

Thanks

:undecided:undecided:undecided