Compensation for delayed flights Discussion Area

Lw2210

So i booked flights to canada last xmas through air canada we had 2 more connecting flights once we arrived all booked at the same time on the same ticket. We missed one flight ended up at our final destination over 8 hours late. Now air canada are saying we aren't entitled to compensation as the internal flights weren't within the EU regulations? I thought as the flights were all booked as one booking it didn't matter? Ive stated this to them but they still just keep saying about the interal flights not being in the EU. I'm not sure what to say to hem next? Any help would be much appreciated.
Regards Lisa

JPears

Please don't double post.

crazysunshine54

Hi,

I actually already posted this in the Ryanair cancellations thread, but I figured it might be a good idea to put this here. I'm wondering if anyone can help... a flight I took 5 years ago was delayed by 5 hours and 5 minutes, but I've really only just realised that this could be a case for making a claim.

I tried using the Ryanair claim form, but I'm assuming that it's not accepting my flight number and reservation number due to the amount of time that's passed since the flight.

I've also used Resolver, but it's been 2 months and I've escalated the case twice and I'm yet to receive a response.

What's the best thing to do now? I was considering just using Ryanair's COMPLAINT FORM - OTHER, which is where the live chat person directed me to...

I've checked on bottonline and it states I can claim for €250.

For reference, here are the flight details: From Pisa(Florence)(PSA) to London Stansted(STN) Thu, 15/03/2012 Flight 583 Depart PSA at 0630 and arrive STN at 0750.

Any help or advice as to what I need to do if I'm not getting a response via Resolver would be much appreciated!

JPears

You will need to take matters in to your own hands or pass on to a NWNF legal firm such as Botts.
Read through the RA thread, including the excellent notes on the ESCP made by our good friend Dr Watson.

Tyzap

Other alternatives are contact via social media (works with some airlines) or sending an LBA if you want to DIY.

Good luck.

legal_magpie

You are getting close to the 6 year deadline for commencing court proceedings so you will have to get on with it

ellenpal

Hiya! Some several months ago after being completely ignored by Delta, I went ahead and filed small claims. Lo and behold, that finally got Delta's attention! However today they email me and say they would like to settle out of court for the delayed flight plus the £105 court filing fee.
As you all know, interest can be charged at 8% which I had included in my court claim. As this has been going on for over a year, that 8% is a tidy sum. The case is super simple, they told CAA they would pay but haven't. It's all in writing and I have all my other attempts at contacting them in email, so I have a solid case.
So, I say Delta should pony up for the interest too. But before I email them back demanding the interest too (which I am pretty certain I will be granted if I went to court)- what do you all think? Am I being greedy or am I demanding what is rightfully mine?
Remember this has been going on for 14 months now, so I am bitter and I don't want that to cloud my judgement. Is a bird in the hand worth two in the bush?
Advice please!

JPears

At 8% how much interest have you calculated? Even at £1000 compensation, thats less than £100 in interest.
Bear in mind you are unlikely to get such a high rate, the actual rate is determined by the judge and will most likely be lower. So we are potentially down to £50 or less at 5%. Or the possibilty of nothing at all in interest.
There is a risk that the judge may look disdainfully at your case if you are pushing for a small amount and continue to court.
However, Delta run the same risk. You have the upper hand. When did CAA rule in your favour? If it is some time ago, some Judges may be more inclined to award interest for Delta's procrastination.
Perhaps negotiation is in order here, accept you won't get 8% and push for 5 or 6%?

ellenpal

3 passengers, long haul flight and based on when I claimed, etc, it's about £190

so yes, not loads, but certainly something to justify waiting for Delta for over a year. I won't get rich off it, but it does seem Delta need to take some accountability. But then again, they probably won't be accountable anyway so I might as well take what they are offering just because it's easier.
But fighting until the death sounds much more satisfying!

Tyzap

As you are firmly in the driving seat, I would give the dice one final roll. It may be worth a final letter/email to Delta in which you put a good case for an interest payment or equivalent.

Lay it on thick and put them under pressure. Highlight their deliberate refusal to accept the EU regulations and the time and effort you have been put to as a result. Suggest that this is not going to look good when put before a judge given that the court system is under great pressure.

I think it's worth it for £190 or whatever you're happy to settle for.

Good luck.