Compensation for delayed flights Discussion Area

Billy_Bonkers

You've sent a good reply. See what they come back with.

Tyzap

Maybe quote this at them....

vii. Compensation for late arrival in the case of connecting flights
The Court43 takes the view that a delay must be assessed for the purposes of the compensation provided for in Article 7 of the Regulation, in relation to the scheduled time of arrival at the passenger's final destination as defined in Article 2(h) of the Regulation, which in the case of directly connecting flights must be understood as the destination of the last flight taken by the passenger.
In accordance with Article 3(1)(a), passengers who missed a connection within the EU, or outside the EU with a flight coming from an airport situated in the territory of a Member State, should be entitled to compensation, if they arrived at final destination with a delay of more than three hours. Whether the carrier operating the connecting flights is an EU carrier or a non-EU carrier is not relevant.

Scojo72

I like the reply drunkstar. They seem to copy and paste what applies to them for some reason ��. And also they keep telling me that American Airlines isn't a eu company now there's a surprise.
Anyway I have sent them a notice before action email looks like it will go to court

samwardill

I lost €500 to EUDelay and I'm trying to get it back. It was initially paid by Aer Arran / Stobart air to Gibson & Associates Solicitors, Co. Donegal in August 2015 and they forwarded it to EUDelay on 29th March 2016. Given what was known about EU Delay in March 2016 does anyone think I might have a negligence claim against Gibson & Associates Solicitors?

Drunkstar

Today I have received the vouchers AA spoke about, but no reply to my previous message. Hmmmmm.

gropinginthedark

The original flight was just over 6 years ago (Manchester to Moscow, well over 3 hours delay). I originally complained to KLM some time after the flight when I heard about the legislation. I got no response or acknowledgement but I knew there were still legal arguments going on as the airlines were disputing the scope of the legislation.
Some considerable time later, I heard that the airlines had lost that battle so I tried again. No response or acknowledgement from KLM but I didn't follow up at the time.

As the 6 year limit came near I tried again, this time on MSE advice using Resolver. No response or acknowledgement from KLM. So I escalated to CAA, their response - as the 6 year period has expired I can no longer take KLM to court regardless of the fact they completely disregarded 3 attempts to make a claim over the past 6 years.

So, airlines, there you have your solution, keep disregarding the complaints long enough and they'll be ruled out of time.

legal_magpie

I'm afraid that this doesn't only apply to airline claims. Limitation periods are imprinted on every litigation lawyer and had you taken advice you would have been told that Court proceedings must be commenced in time or you lose your right to sue. The only exception would be if the airline agreed to extend the period or to waive it altogether. This often happens in RTA claims where there isn't an issue on liability

matman2005

Hi

I am trying to get compensation for a flight from Amsterdam to Birmingham with BMI Baby just under 6 years ago that was cancelled. I started by complaining to BMI, they responded by saying that BA had bought that bit of the business so I had to complain to BA. I complained to BA, they responded saying that this flight was operated by Wow Air so I had to complain to Wow Air. I have complained to Wow Air and am awaiting their response.

I was wondering if there is any way of comprehensively identifying which airline was responsible for a flight.

I've been using the Resolver website to complain which I have found to be be excellent, certainly made complaining three times quicker and easier.
Thanks
Matt

111KAB

matman .... before you go too far you mention "just under 6 years ago" ..... 6 years is the absolute limit to submit a court claim so do not sit around waiting for a response as that is exactly what the airlines want. They have delayed (or in your case cancelled) your flight now they are trying to delay your claim to the extent it will be out of time.


Who did you eventually fly with and what period of delay did you encounter?

matman2005

It was in July so I have a few months. It was a bit complicated as it was a group booking for 23 people, we ended up being split over 3 different later flights. I cannot recall which airline these flights were with. At the time I did not even think of asking for compensation, was just glad to get everyone home. It came up in conversation a few months ago and one of the guys suggested that we could have had compensation.