Compensation for delayed flights Discussion Area

JPears

Given the grammar and use of language, one might suspect that James35 possibly works for said company?

Meoleman

We were delayed over 3 hours on a flight. As a result we missed our train home and the ticket was for a specific train. We had to buy new tickets at a much higher price and I was wondering whether there is any way to claim compensation for this in addition to the statutory compensation.

DrA_Harrogate

I really could not make this out. So some famous people were flying from LA to Tokyo. About half way there it was discovered a passenger was on the flight incorrectly - he was actually booked with a different airline, although he was destined for Tokyo. So the plane turned round 4 hours over the Pacific and went back to LA. You couldn't make it up.

http://www.bbc.co.uk/news/entertainment-arts-42501489

Tyzap

Meoleman wrote: »

We were delayed over 3 hours on a flight. As a result we missed our train home and the ticket was for a specific train. We had to buy new tickets at a much higher price and I was wondering whether there is any way to claim compensation for this in addition to the statutory compensation.

Not covered by the EC261 flight delay regulations I'm afraid.

Believe you could use the civil courts tho,

Good luck.

Fitzmichael

The airlines/regulator take no account of the frustration or extra costs that delays cause. What rationale is there to a minimum delay of 3 hours? Shouldn't the regulator have to provide one? Regulators should have responsibility only towards customers/clients - businesses can look after themselves. Most of us, if asked to give up a seat in an overbooked plane, would want very large compensation, even if the delay caused no extra expense and little or no inconvenience.
Suing is possible (If I were rich, I'd do it out of bloody-minded contempt for how businesses will try anything to escape responsibility) but you'd need a solicitor and it would be long, frustrating and expensive. Unfortunately, our judges do not - unlike judges/juries in the US - make eye-watering awards, which will more than compensate for everything and give a kick to the business involved towards improving its own response. The reason that judges decide in 99% of civil cases is, you will be annoyed to hear, because in 1933 they were given the right to dispense with juries in most cases, and rapidly did so, deciding things were too complicated for them. Of course, they must know, in various cases where they find in favour of a (group of) individual/s against a corporate body, that a jury would willingly whack the heads of the directors to concentrate their minds on the people their money comes from, but 'our' judges seem to have a sort of toffee-nosed mindset against such social solidarity.

adibell

Hello all,

This thread is pretty massive, and I may find my answer elsewhere, but I'm sure it'll take a lot of thread-trawling to find a relevant similar case. In case anyone can answer mine directly, please do let me know!...

I was delayed in September 2013 on my flight from Bangkok to Amsterdam. The flight wasn't just delayed a bit....We were [officially] delayed by 31 hours and 27 minutes. (actually, I timed it at 37.5 hours, but whatever; 30+ hours is a bloody lot regardless when the MSE guide says you're entitled to claim 600 euros if it's over 4 hours!).

I saw the MSE guide in the email newsletter last summer and thought I'd re-attempt my claim, using the template (my first complaint was off my own back and with little knowledge of the 'Technical Difficulties' dispute mentioned on the MSE guide, though pretty much got the same reply as this second time....).

They have not mentioned any reference to what the technical issue was. Additionally, this wasn't just a slight delay. This was 30+ hours, in which they could have definitely got us to our destination quicker.

My question is; Do I just have to grin and bear it that they say "This is in accordance with the European Court of Justice Verdict C-549/07 Wallentin-Hermann" or is there more that I can do here? It seems ridiculous that the flight can be delayed that long and I get no compensation for it.

My letter to them:

Dear customer services team,

I am writing regarding a delayed/cancelled Norwegian Air flight.

The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:

Booking reference: ******
Flight number: DY7206
Departure airport: Bangkok International Airport, BKK
Scheduled departure time: Wed 04/09/13 9:00
Arrival airport: Schiphol Airport, AMS
Scheduled arrival time: Wed 04/09/13 20:30

Re-scheduled Arrival Airport
Actual arrival time: Wed 06/09/13 09:05

Number of passengers: 1

Based on the above details, I am seeking compensation as specified in EC 261/2004.

The booking originally constituted two flights, due to arrive in Amsterdam at 20:30 on the same day of travel (04/09/13)

The arrival at my final destination was delayed by 37.5 hours in total.

I had arranged the flight so that I could spend two days in Amsterdam before needing to be back in the UK on 06/09/13. Because the first flight of two (Bangkok to Stockholm Arlanda) was delayed due to a problem with the plane, I missed my entire holiday in Amsterdam, where I was going to stay with friends I hadn’t seen in several years.

When in Stockholm Arlanda Airport, the second flight was changed to allow me to be redirected to the UK, so not only was I stranded in Bangkok, and then in Stockholm, I missed being able to go to my original destination. The flight was supposed to take 16.5 hours to arrive in Amsterdam, but ended up taking 54 hours and arrived in Manchester.

I have attached the original travel itinerary for reference.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court

To this, I received the response:

Dear Mr ****

Thank you for contacting us with your claim.

Unfortunately, Norwegian flight DY7206 (BKK-ARN) 04.09.2013 was delayed by 31 hours and 27 minutes. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*. As a gesture of goodwill we rebooked your second flight to Manchester instead of Amsterdam. We appreciate this delay resulted in the loss of your holiday in Amsterdam and we sincerely apologise for the inconvenience this has caused. Unfortunately this delay was out with our control.

Although we respect your request for compensation, we’re unable to honour your claim as your flight was delayed due to extraordinary circumstances. This is in accordance with the European Court of Justice Verdict C-549/07 Wallentin-Hermann.

We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.

Kind regards,

Scott A

The Customer Relations Team

______________________________________________________

* Flight disruption information

Norwegian flight: DY7206 (BKK-ARN) 04.09.2013
Disruption type: Delayed
Delay time: 31 hours and 27 minutes
Reason for disruption: This delay was caused by unforseen technical difficulties.

According to the ADR Directive, we are informing you that The Ombudsman Service LTD is an approved Alternative Dispute Resolution (ADR). Please be aware that Norwegian Air Shuttle has not currently signed up to the Alternative Dispute Resolution.

Ganga

Meoleman wrote: »

We were delayed over 3 hours on a flight. As a result we missed our train home and the ticket was for a specific train. We had to buy new tickets at a much higher price and I was wondering whether there is any way to claim compensation for this in addition to the statutory compensation.

You could always use the compensation you will receive from the airline to pay for the train tickets:rotfl:

JPears

adibell. Hopefully you have downloaded and read Vauban's most informative guide?
If not then that is your first task.
Norwegian must explain why they think the delay was due to extraordinary circumstances and what those circumstances where.
I would suggest you write again, requesting detailed information on the reason for the excessive delay. Mark your letter as an NBA or LBA, put a reasonbale time frame for a fiull reply - 3 weeks is more than reasonable.
Marking you letter as an NBA indicates that you are then prepared and able to take the next step, which is legal action, for recovery of your possible compensation. That's assuming you are willing to take that step.
Check with a NWNF firm of solicitors, such as Botts online to see if you have a valid claim.

adibell

JPears wrote: »

adibell. Hopefully you have downloaded and read Vauban's most informative guide?
If not then that is your first task.
Norwegian must explain why they think the delay was due to extraordinary circumstances and what those circumstances where.
I would suggest you write again, requesting detailed information on the reason for the excessive delay. Mark your letter as an NBA or LBA, put a reasonbale time frame for a fiull reply - 3 weeks is more than reasonable.
Marking you letter as an NBA indicates that you are then prepared and able to take the next step, which is legal action, for recovery of your possible compensation. That's assuming you are willing to take that step.
Check with a NWNF firm of solicitors, such as Botts online to see if you have a valid claim.

Perfect! Sounds like this guide could be exactly what I was looking for! Looking forward to learning more about the situation and hopefully putting the world to rights!

I'm not sure if it will be an issue, but when I contacted this time round was in October (I initially gave up and then took a while to get onto MSE to see if anyone had any advice - my bad!) - should I re-open another complaint, or should it be fine for me to just pick up where I left off?

Thank you very much

Tyzap

Hi adibell,

It sounds like an ordinary technical fault caused your delay. If that is the case you would be due €600 in compensation.

Read Vaubans guide, details in my signature below. Then issue them with a LBA in preparation to issuing legal proceedings.

If you keep pushing them and show that you are serious, you are likely to eventually receive what you are due. I doubt it would get as far as a court hearing as they cannot defend an ordinary technical fault. There is much previous legal precedent in this direction.

Good luck