Compensation for delayed flights Discussion Area

Vauban

An interesting write-up of the arguments that went before the Court of Appeal in the Emirates cases (about whether delays at final destinations outside the EU are covered by the Regulation if there's a connecting flight outside the EU).

https://gettingthedealthrough.com/article/5730/uk-court-hears-extra-territorial-arguments-ec-2612004-appeal

The article has links to the skeleton arguments of both sides, as well as an interesting intervention by the CAA which argues Emirates is wrong, and that they should be forced to pay compensation. The CAA also says that it was in the process of taking enforcement action against Emirates, which was only suspended because of this appeal.

The CoA unsurprisingly reserved judgement, so we won't know where the judges came out until the Court resumes post-summer.

zorber

Vauban wrote: »

An interesting write-up of the arguments that went before the Court of Appeal in the Emirates cases (about whether delays at final destinations outside the EU are covered by the Regulation if there's a connecting flight outside the EU).

https://gettingthedealthrough.com/article/5730/uk-court-hears-extra-territorial-arguments-ec-2612004-appeal

The article has links to the skeleton arguments of both sides, as well as an interesting intervention by the CAA which argues Emirates is wrong, and that they should be forced to pay compensation. The CAA also says that it was in the process of taking enforcement action against Emirates, which was only suspended because of this appeal.

The CoA unsurprisingly reserved judgement, so we won't know where the judges came out until the Court resumes post-summer.

Thanks for this, do we know when post summer is?

popey1

popey1 wrote: »

Very, very interesting that I received a refusal this morning citing 'ATC restrictions'
text as follows:

'Your claim’s been refused because BA2792 on 29 June was initially delayed for 163 minutes due to technical reasons and rest of the delay was due to Air Traffic Control restrictions, which was outside of our control. Since the technical delay was less then 180 minutes. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. I'm sorry to disappoint you'

I've pm'd you Michael

Just sent this back to BA

I am in touch with another passenger on this flight who received a refusal from you citing 'BA2792 on 29 June was initially delayed for 163 minutes due to technical reasons and rest of the delay was due to operational circumstances'
You told me it was 'atc restrictions'
Both can't be true so I'm guessing neither is?

Vauban

popey1 wrote: »

Just sent this back to BA

I am in touch with another passenger on this flight who received a refusal from you citing 'BA2792 on 29 June was initially delayed for 163 minutes due to technical reasons and rest of the delay was due to operational circumstances'
You told me it was 'atc restrictions'
Both can't be true so I'm guessing neither is?

"Operational circumstances" absolutely could include ATC restrictions. In fact it's such a vague phrase it could be made to mean anything at all. But that's all beside the point really.

So what do you expect to happen next? I'm guessing BA will now either ignore or send another unsatisfactory response.

popey1

Vauban wrote: »

"Operational circumstances" absolutely could include ATC restrictions. In fact it's such a vague phrase it could be made to mean anything at all. But that's all beside the point really.

So what do you expect to happen next? I'm guessing BA will now either ignore or send another unsatisfactory response.

Fair point. But if there was a definite 'get out' for BA would they not use a single, specific rejection letter?
My guess is that the service centre operatives in India are given a list of 'get outs' and just pick one at random.

JPears

Vauban wrote: »

An interesting write-up of the arguments that went before the Court of Appeal in the Emirates cases (about whether delays at final destinations outside the EU are covered by the Regulation if there's a connecting flight outside the EU).

https://gettingthedealthrough.com/article/5730/uk-court-hears-extra-territorial-arguments-ec-2612004-appeal

The article has links to the skeleton arguments of both sides, as well as an interesting intervention by the CAA which argues Emirates is wrong, and that they should be forced to pay compensation. The CAA also says that it was in the process of taking enforcement action against Emirates, which was only suspended because of this appeal.

The CoA unsurprisingly reserved judgement, so we won't know where the judges came out until the Court resumes post-summer.

Currently wading through the CAA submission - interesting and throwing some alternative angles on the arguments! For once, the CAA appear to be doing their job!

Justice13075

Do you think they are having an epiphany moment, lets hope so.

twinnies20

HI
Wondering if someone could help? we were delayed 7 hours with airline ALBA STAR, I have tried to use the tool on Martin's website to get compensation, Alba Star is not on the online tool, I emailed resolver to ask if it could be added, it hasn't so was going to complain directly. ALBA STAR website is sparse and I am unsure who to send the letter to in this incidence? any idea's who I send the letter too?

legal_magpie

There are various email contacts in their website. Customer service would be a good start

jimbob3261

So, I have contacted Enter Air regarding my delayed flight on 5th March 2016 (with my wife) and they have advised me they cannot progress my claim without proof of boarding. They also say they do not hold a passenger manifest as they are not obliged to under Polish Law.
A friend who has also attempted to claim (separately) has been advised his claim is not valid as under Polish law he must claim within one year.

Any thoughts?

I have located proof of my return flight but not the outbound/delayed leg...