Compensation for delayed flights Discussion Area

jpsartre

normal wrote: »

I'm not aware of any extreme weather that day in Warsaw, but I argued that they are referring to the delay of the flight from Warsaw to Budapest, which caused the delay of the plane for my journey. There were no weather problems for my flight from Budapest to Warsaw. It's not my problem if the plane for my journey wasn't at the departure airport in time. Am I right to argue this?

Maybe, maybe not. Did the airline take all reasonable steps to avoid the delay? If not, then you qualify for compensation.

timodell

timodell wrote: »

BA Flight 0358 LHR to LYS 13:35 1 March cancelled by e-mail with no explanation at 20:02 on 28th Feb (after boarding card already issued) and rebooked on 07:50 on 2 March. Presumably I can claim EUR250 compensation as this seems to have been "pre-emptive consolidation" ahead of the anticipated bad weather - at that point there were no weather issues at LHR, nor were there any until late in the afternoon of the 1st March, so can't see how they can use the weather as an excuse...?

This is the reason given by BA for refusing the claim (even though the cancellation was made the previous day when bad weather was only a forecast and didn't in fact materialise until several hours after the flight was originally scheduled to depart.


It’s common for the information we have about your cancelled flight to change quite often, so we try to only give you details that we feel are relevant and that you will find beneficial to your journey. We’re very grateful you contacted us as your comments help us make important changes to the way we handle cancellations. We always want to maintain a stable operation and we’ll only cancel an aircraft if we really have to, particularly as it affects our customers and their plans.

I'm sorry to inform you that your claim’s been refused because BA0358 on 01 March was cancelled because of airfield restrictions being in place that were outside of our control, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid cancelling a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the cancellation was necessary in this case.






Flight compensation sites say they are willing to take up the case - can I appeal directly?

Caz3121

probably best to be on the BA thread....there are a number of similar cases there

jpsartre

timodell wrote: »

Flight compensation sites say they are willing to take up the case - can I appeal directly?

Sure. I recently had Bott and Co take on a couple cases where my flight was proactively cancelled and both times they came back to say they were giving up the claim as they thought it was highly unlikely they could be won.

Hetheron

This week I teceived a phone call from one of those No Win No Fee firms about a delayed flight from Newcastle to Spain in July 2012 ! Nearly 6 years ago !
It is coming up to the time I must claim by, apparently.
Every long forgotten and unretreivable detail was quoted, time, day, booking reference with Thomas Cook etc etc
Long and the short was that I let him send details via email but eventually found that the fee would be 30% of any payment to me, £15 paperwok fee and all plus Vat.
No way !!! so I went to the MSE Site and using all the details I now held, I instigated my own claim using the brilliant "Resolver"
Thomas Cook replied almost instantly via Resolver and sent a redeemable voucher woth !!!8364;900 to be used agaist any Thomas Cook hoilday but before March 2019
I replied that vouchers were of no use to me and I wanted payment in cash via my bank
A reply came stating the voucher was !!!8364;800 plus a good will payment of £200 giving !!!8364;900 in total.
I replied once more, stating vouchers were of no use to me as all my holiday are already booked and passport would have expired by the final date, so as per the EU directive which states all claims are to be Paid in whichever EU countries legal tender, and that vouchers only need to be accepted if the claimant had signed and agreemt to accept vouchers and so accordingly I wanted my payment in cash
Once more via Resolver and this time at 3.14 am, I received a further reply full of apologies and saying it was all soted out and to provide my bank details.
This I did and was later informed that payment of !!!8364;800 ..presumably in equivalent British money would be paid in to my account and within 28 days.
I must add that all this happened within 48 hours via Resolver contacting and passing on my replies to Thomas Cook who seem to have people working even at 3.14 am !!
I now just have to wait and see if they do actualy make payment.

A PS to all this is that I have just had the NWNF lot pursuing me via email which I replied to telling them I wasnt using them to proceed with claim and then within the last 10 minutes received two phone calls from them ..two different people...but think they got the message !
Use MSE ALWAYS !! :j :T:D:money:

JPears

And again hmmmm......

boatman

Been offered the full 600euro, yippee..

How is it converted, because their conversion on the letter mentions £466(may just be a standard letter done ages ago when the rate was better), at current rates its more like £525, I guess its just the conversion on the day of the cheque getting written.
I presume I can ask for a 600euro cheque instead of a £ one...?

NoviceAngel

boatman wrote: »

Been offered the full 600euro, yippee..

How is it converted, because their conversion on the letter mentions £466(may just be a standard letter done ages ago when the rate was better), at current rates its more like £525, I guess its just the conversion on the day of the cheque getting written.
I presume I can ask for a 600euro cheque instead of a £ one...?

If the amount offered in GBP is better then take it!

But yes you can insist on payment in Euros if thats what youd prefer.

Well done :T a good result.

Cheers,

NoviceAngel

symphony63

boatman wrote: »

Been offered the full 600euro, yippee..

How is it converted, because their conversion on the letter mentions £466(may just be a standard letter done ages ago when the rate was better), at current rates its more like £525, I guess its just the conversion on the day of the cheque getting written.
I presume I can ask for a 600euro cheque instead of a £ one...?

These are the words of the judge in his ruling in the case of Blake v EasyJet:

“Where there are proceedings the sum crystallises on commencement because CPR provides that damages claimed in £ sterling for damages or compensation expressed in a foreign currency must use the conversion rate on the date proceedings are commenced. This must apply to compensation for a breach of Article 7 of the Regulation. This is consistent with the authorities which make it clear that the breach date does not have to be the date for the conversion rate in tort. On balance I think it is better to use the conversion rate when proceedings are commenced for litigated cases and the date of payment for claims settled before litigation and in neither case to use the breach date.”

You should check the conversion of these 3 dates.

boatman

On the letter signed and returned to the airline it say 600euro, I guess I will just have to wait and see!!