Flight delay compensation, all other EU airlines

JPears

jimmyjoe - this should be on the BA thread. You have no claim against Air Lingus, unless this is a "single ticket" trip.
But you probably have a claim against BA for compensation due to delay under reg 261/2004. It depends on the cause of your delay. Unless it was weather, medical emergency, ATC strike/restrictions then in light of recent Supreme Court events, BA will probably not be able to claim extraordinary circumstances.

jimmyjoe7

Thanks for the reply JPears.....i know it definately wasnt a weather complaint.

JPears

bumped again

paulcalf_2

I have read the FAO and lots of the court rulings, I still need help please.

Birmingham to Bangkok via Dubai
Delayed at Birmingham by 2.5 hours, meant we reached Bangkok a day late.

I've written to Emirates, there reply is that delay from UK to Dubai was less than 3 hours, so delay getting to Bangkok is irrelevant, ruling does not apply etc.

The court rulings (EG Folkerts) about final destination seem to apply to flights where delay is caused in the EU

EG London via Portugal to Brazil

Can anyone point me in the direction of court rulings on
UK Via non EU destination to Final destination.

I thought i had a claim, but not sure now. This should be included in the guide, but no mention is made about this specific situation.
Delay in UK of less than 3 hours, leads to arriving at final destination 3hours+ late, but flight goes via non EU country.

Please help.

Sorry for the ramble!

Bagpuss75

Help

BMI 1441 on 10th June 2014 from Birmingham International to Gothenberg Land Vetter with the scheduled departure time of 17.55. This flight arrived 4 hours late at Gothenberg due to technical issues

Have claimed but has been rejected because of "extraordinary circumstances" and not eligble to compensation.

What's my next step????

Caz3121

Bagpuss75 wrote: »

Have claimed but has been rejected because of "extraordinary circumstances" and not eligble to compensation
What's my next step????

assuming you claimed before last Friday when the Huzar case was rejected meaning that the airlines cannot claim "extraordinary circumstances" for technical problems....write again with a NBA...details in the FAQs

Bagpuss75

Caz3121 wrote: »

assuming you claimed before last Friday when the Huzar case was rejected meaning that the airlines cannot claim "extraordinary circumstances" for technical problems....write again with a NBA...details in the FAQs

Thanks, claimed in july.


what does NBA mean?

paulcalf_2

NBA means Notice before Action
The last letter before taking them to court

Caz3121

Bagpuss75 wrote: »

Thanks, claimed in july.

then this was whilst the appeal was still awaited and many airlines were refusing to pay for technical issues. This was resolved last week and they cannot use technical problem as excuse not to pay now so contact them again

jezmyers

For info, this is Wizzair's current position;

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[FONT=&quot]"We have received an official response from the legal department that the decision in the Huzar case cannot be binding in every case when the delay or cancellation of a flight was caused by a technical problem, because technical problems may vary. I regret to inform you that we are still unable to pay the requested compensation."[/FONT]
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