Flight delay compensation, all other non-EU airlines

owon

Hi


Wondering if someone can help me, I have submitted 3 claims to Turkish airlines, using the feedback form on there website, so far all three claims have been rejected



First cause I did not include enough information, even the I submitted everything they ask for. The 2nd time they claim my flight was delayed for only 2 hours even though it was 4 hours.


I have included the 3rd response below, I think they are just trying to wessel out of paying, but I want to be sure before sumbitted another case.


First of all, we apologize for the adverse effect of this irregularity that happened beyond our control on your flight plan, and for the inconvenience you had in the meantime.
Referring to your message, we would like to state that the provided delay report was presented based on the delay factors which factors affecting the right to receive compensation. The total flight irreguralities of TK0601 Istanbul to Dar-es Salaam flight on 6th of May 2019 were registered as follows;
* 2 hours 6 minutes delay due to aircraft defects, controllable
* 8 minutes delay due to technical equipment, controllable
* 57 minutes taxi duration, out of airline control
Total impacted delay was 3 hours 53 minutes.
Based on your message, we would like to kindly inform you that we are unable to meet your request for compensation according to the EC Regulation, since technical delay duration for your flight is less than 3 hours.
Please be informed that all controls were done according to international civil aviation rules and procedures.
We would like remind you that you may send us the receipts for the expenses (taxi, food, hotel, visa expenses etc.) you might have had at the airport. We will then evaluate and reply as soon as possible.
We sincerely hope that you consider this incident an exception and provide us with another opportunity to restore your confidence on your future travels.

Our apologies, again, for your unfavorable experience. We hope to have the pleasure of welcoming you back on-board our airline sometime soon and replace any negative impressions with a more positive one.
Sincerely Yours,

SJE101

SJE101 wrote: »

Thanks for your reply, the delay was 12 hours so well over the limits for compensation. The 'weather' impacted the incoming flight. They did not try to reroute me at all and I did not ask because I was fine with the extra day and not rushing over to Heathrow or another European airport. I have just escalated the case so I guess I just have to go through the process. Will post back here with any other responses.

New reply from Cathay Pacific:

Thanks for your latest email.

I am sorry to learn that you are not satisfied with our offer and response. I apologise if we have not been able to handle this matter to your expectations. However, I would like to reiterate that your flight CX354 from London was delayed due to poor weather conditions in Hong Kong. Regrettably, as such situations are beyond our control and falls under ‘extraordinary circumstances’. The Regulation does not apply to flights that are delayed due to circumstances that are out of our control.

In our view this has amounted to clear 'extraordinary circumstances' for the purposes of EC 261/2004 (''Regulation'') and we regret that the passengers will not be entitled to any compensation for the delay under the Regulation EC Regulation 261/2004 and seek your kind understanding in our position.

We always suggest our customers to obtain travel insurance before travelling for any claims for direct or consequential expenses from any flight disruptions. If you need to submit a flight certificate to your travel insurer, you can apply for one at the link below:

Application for Flight Certificate

Thank you for contacting us and we remain at your service.

Seems like this is just going to be their line until I take it further. Both the suggested websites for no win no fee suggest I have a valid claim but I would like to be able to claim without losing some of the fee if possible. Has anyone had success with Cathay initially refusing but later paying up or even taking them to court?

Thanks!

SJE101

Tyzap wrote: »

Hi SJE101,

How long was your delay? Did they offer you any alternative(rerouting) Please give us your itinerary so we can see the full picture and the extent of the delay.

Please read this earlier post which explains about Extraordinary Circumstances (EC's) and how to get around them when claiming.

Your first port of call, when/if you reach deadlock, should be via their ADR company, if they have one. There is nothing on the CAA website to say they have one so ask Cathay or search their website.

Also read Vaubans great guide, details just below here.

Good luck.

Thanks for your reply, they don't have an ADR. Found this on their website:

Please note however, Cathay Pacific Airways is not currently subscribed to an approved ADR scheme, nor are we obliged to do so, and therefore neither the ODR platform nor any approved ADR providers will be able to accept your complaint.

I guess I might see if I can engage a no win no fee lawyer here in Aus if they will take it or not gives me my answer.

Tyzap

Hi SJE101,

NWNF claims assistance firms are unregulated and can cause huge problems.

Only use a firm of regulated solicitors such as Bott and Co or similar..

Good luck.

JPears

If they are not signed up to an ADR, and the flight deeparted from the UK, you can take up your complaint with the CAA.

ollieb023

I have had a response within 1 day of raising my claim via the Resolver link on MSE for my delay with Freebird Airlines of Turkey.

They have acknowledge that the flight arrived 3 hours 28 minutes late, however they claim the delay was beyond their control because of “the limited air traffic capacity, the authority has not allowed us to fly about 1 hours”

This seems a little vague, can I challenge this any further, I am not aware of any restrictions in either the UK or Turkey on 15th June?

Justice13075

Firstly put your flight details into bottonline and euclaim and see what they say and then come back.

AnnoyedfromCorsica

Will I get compensation if I do not turn up for a flight that I know is going to be significantly delayed? Air Corsica is currently offering a flight from Stansted to Calvi in Corsica on Saturdays. For the last three weeks the departure of this flight was significantly delayed and was then diverted to Bastia mid air, with the resulting delay to arrival time in Calvi of between 5 and 7.5 hours, for what should have been a 2 hour flight. At the moment, Air Corsica is telling people that the schedule still stands but we are suspicious that the issue is a lack of certificated pilot for Calvi airport. If we book an alternate flight can we still claim compensation from Air Corsica if the flight is delayed as we anticipate, even though we have not turned up for the flight?

Tyzap

AnnoyedfromCorsica wrote: »

Will I get compensation if I do not turn up for a flight that I know is going to be significantly delayed? Air Corsica is currently offering a flight from Stansted to Calvi in Corsica on Saturdays. For the last three weeks the departure of this flight was significantly delayed and was then diverted to Bastia mid air, with the resulting delay to arrival time in Calvi of between 5 and 7.5 hours, for what should have been a 2 hour flight. At the moment, Air Corsica is telling people that the schedule still stands but we are suspicious that the issue is a lack of certificated pilot for Calvi airport. If we book an alternate flight can we still claim compensation from Air Corsica if the flight is delayed as we anticipate, even though we have not turned up for the flight?

Hi AFC,

You cannon anticipate a delay in the way you are considering and still qualify for compensation.

You would have to check in and present yourself at the airport in the normal way to qualify. Otherwise you would be regarded as a no show. If it is a return flight the return sector to Stansted would also automatically be cancelled.

AnnoyedfromCorsica

Thanks for the response. It just confirms what I feared. I either have to pay for separate flights in addition to those already booked or we have to endure a 5-7 hour delay. Is there any body that I can bring this issue up with? Does anybody regulate these things?