Compensation for delayed flights Discussion Area

rxbishop

FAO: Anyone interested.

Got an email from euclaim this morning,l they've sent a letter and given me a copy basically saying that legal proceedings will begin in 2 weeks if they don't transfer the £800 owed into their bank account. Presumably they won't pay and it goes to court. Would be nice if they did pay.

I saw that carolyn mccall on telly this morning on the beeb. ceo of easyjet and former head of guardian newspapers group. Lovely lady

richardw

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tellmah

Hi, this goes back to the ATC strike on the 04.12.2010 and below is a copy of a letter sent to Thomas Cook:

"In relation to the above reference no, we were booked on flight no TCX 173K from Manchester to Tenerife at 7.40am on the 04/12/2010.

We set off on time and halfway through the flight were told we would have to return to Manchester due to the Spanish air traffic controllers going on strike. We turned back to Manchester and then the pilot, then turned back and headed to Tenerife before changing course again and finally returning to Manchester where we arrived at approximately mid- day.

We were given a £5 voucher for food and drink and at approximately 6pm, we were told we would not be flying that day, to go home; our luggage would be kept at the airport and to return the following morning for a 7am flight. This took off on time and we arrived at Tenerife safely albeit a day late.

Quite apart from the inconvenience and the loss of one day’s holiday, we had to incur additional costs of £40 for the return trip home and to the airport (photocopy of receipt attached). We were not told that we should have been given accommodation by you.

Quite clearly you as the carrier in this instance are responsible and I am seeking compensation under the appropriate regulation for this."

They have already accepted they knew the ATC's may be going on strike. But are saying that due to "wind and weather conditions the flight would not arrive in time before the ATC's went on strike and so the flight returned to the UK".

After 3 letters from them, they are saying the Air Passenger Rights do not cover this and to contact the Ins Co, to see if they do.

I feel from what i have read, they are responsible and are annoyed they haven't even offered the taxi fare which is all i wanted really.

So the question is are they responsible or not, if so i'll give them one more chance and then instruct a solicitor. I have spoken to a solicitor already on one of those helpline numbers, but to be honest, he was as much use as a chocolate fireguard with his advice.

Thanks.

richardw

Is the taxi fare £40?

tellmah

Yes it was £40. Even sent them a copy of this, but it has all been disregarded

richardw

Sounds like they aren't going to pay you £40 voluntarily and have the same approach as http://www.guardian.co.uk/money/2011/jan/29/thomas-cook-holiday-stranded?INTCMP=SRCH

tellmah

Richard,
thanks for that. As i say once i have confirmed it with the general consensus on here i will seek proper legal advice and know what info to give the solicitor to start with.

tellmah

Cityboy,
thanks for that, are they also liable to one days loss of holiday with cancelling the flight or is there anything i should be telling them?

dzug1

tellmah wrote: »

Quite clearly you as the carrier in this instance are responsible and I am seeking compensation under the appropriate regulation for this."

.

You used the wrong words there. You are not entitled to COMPENSATION - you are entitled to CARE. That may be why you have got nowhere - they are being picky about wording. You need to quote article 9 specifically.

You are not entitled to loss of earnings.

tellmah

Dzug1, cityboy, i was under the impression it was compensation for the loss of holiday (1 day) i was after rather than "care".

I realise they are responsible for the taxi fares, but after briefly reading the Air Passenger Regs, i got the impression they were responsible for the loss of holiday etc.
So irrespective of the fact i lost one days holiday because they failed to fly out i have no redress, is that what you're saying in a nutshell?