Flight delay compensation, all other non-EU airlines

Carol_B

I know technical difficulties that are inherent in operating an airline do not constitute extraordinary circumstances but can Vauban tell me if this would negate compensation :
Can Cun airport last summer, the whole check in system in the airport failed. There was mayhem. My friends Thomson flight was delayed by three hours 20 minutes, an hour of that was due to them having too many bags on board for the head count. Is this delay considered ' inherent in the operation of the airline' Thomson have refused to pay compensation for the delay. Nor did they provide food or drink etc. Is there a case or not. ??? Thanks for help

Caz3121

the airline check-in systems would be out of the control of the airline however the question should be whether being able to be able to process passengers manually (and correctly) when necessary is part of their normal operations...I would suspect compensation unlikely - what do the NWNF sites show for the flight number/date...they can be a good indication

Carol_B

Caz3121 wrote: »

the airline check-in systems would be out of the control of the airline however the question should be whether being able to be able to process passengers manually (and correctly) when necessary is part of their normal operations...I would suspect compensation unlikely - what do the NWNF sites show for the flight number/date...they can be a good indication

Thank you, I'm not aware how to check this on a NWNF site. Is there a particular one I should be looking at ?

Caz3121

Carol_B wrote: »

Thank you, I'm not aware how to check this on a NWNF site. Is there a particular one I should be looking at ?

Try Bottonline and EUClaim...hopefully they will both give the same response...either valid claim or not....the challenge is when one says yes and the other no!

Carol_B

Caz3121 wrote: »

Try Bottonline and EUClaim...hopefully they will both give the same response...either valid claim or not....the challenge is when one says yes and the other no!

Thanks again I'm getting onto it now

Themoogster

Hi all

Today I received my compensation for a flight delay that took place back in 2012. However one thing annoys me, since 2012 I have asked Air Mauritius for compensation, and they have either denied that they fall under eu regulations or refused to reply to my emails. I even went to ATUC, who agreed to take my case, but after 18 months gave up, stating that Air Mauritius have not cooperated. In January this year I decided to contact a solicitor to take my case, they sent 1 Letter Before Action, and within a few weeks Air Mauritius accepted that I was liable for compensation. I did the same as the solicitor, but got nowhere. Air Mauritius are happy to give my compensation, as long as 27% of it goes to solicitor's fees. Has anyone tried claiming the solicitors fees from an airline, especially when they did not cooperate with you in the first place. Would be interested to find out, if this is possible.

Alan_Bowen

Compensation is fixed by Regulation 261/2004 and there is no obligation on airlines to pay a penny, or cent, more. Even if you took action in court, the court would not award costs, other than the costs of issuing the summons as claims under £10,000 are considered to be 'small claims' and not worthy of legal costs.

louisella

I wondered if anyone has had any joy claiming from Singapore Airlines? We recently flew from London to Siem Reap via Singapore. The first flight from London was delayed due to technical (operational) reasons meaning we missed our connection in Singapore and arrived at our destination nearly 6 hours late. The airline have come back with the standard response as follows:

Singapore Airlines is not an EU airline for the purposes of the Regulation.

When determining whether the Regulation will apply, the courts do so with reference to the flight concerned and not the outbound journey as a whole. Both the Court of Justice of the European Union Case C-173/07 Emirates v Schenkel and the English High Court Sanghvi v Cathay Pacific Airways [2011] EWHC 1684 (Ch) have previously drawn a clear distinction between the two. A 'flight' has been defined as a single unit of transportation i.e. an individual flight. Whereas a series of flights with successive connections is defined as a 'journey'. Article 3 of the Regulation makes no reference to a passenger’s 'journey'. Rather, only 'flights' departing from an EU airport are caught by the Regulation.
For the above reasons, even if your journey commenced from an EU airport, missed connections in Singapore or delays in respect of flights departing from Singapore will fall outside the scope of the Regulation.

Thanks

JPears

How delayed was you flight from London?

louisella

Hi - it was delayed by about an hour