Compensation for delayed flights Discussion Area

Justice13075

Put your flight details into bottonline and then EuClaim and see what they say.

JPears

Does anybody know if this EC document, part of 261/2004, made it onto the statute books, or is it still a discussion paper?
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52014AP0092&qid=1534752326798&from=EN

Alan_Bowen

This was pushed by airlines who had been lobbying for relief from the onerous obligations, as they saw them, under EU261. The first reading got no further because of arguments over the status of Gibraltar and with our imminent departure from the EU, it seems unlikely it will ever take effect in the UK in any event

JPears

Thanks Alan,
But this is effective in forming a case argument?
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52016XC0615(01)&qid=1534752326798&from=EN

Alan_Bowen

I don't think so and I am not sure we want suggestions to be used as arguments, otherwise, we might see the return of the famous draft reasons that justify, or do not justify the extraordinary reasons that get airlines off the hook and were used for a period of time to push back legitimate claims

JPears

My understanding is the second document I linked to is from the EC, effectively a directive clarifying some advantageous interpretation of regulation 261/2004?

CarTer01

Dear Martin & team, in June of this year my wife and I were delayed at Bristol airport for over three and a half hours. On the day we were told it was because of the French air traffic controllers being on strike, which delayed departure by about one hour. Then the air conditioning on the plane broke down because the plane had been sat on the tarmac! During the whole time stuck on the plane we were offered only a small glass of room temperature water each.
The total delay was three hours and thirty four minutes.
On the second of July I wrote to TUI, the holiday company involved to claim, what I believed to be wholly justified compensation.
This morning I received a reply from TUI that stated;

"In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM6676 Bristol to Paphos and our delay handling logs show that the flight was delayed due to Fuerteventura closure and also because the flight had missed its slot.
So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.
In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:
28. Strikes that affect the operation of an air carrier. For example strikes undertaken by Air Traffic Control, or by staff of airport
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation."

I have never claimed compensation before, and so now do not know where I stand. TUI have effectively washed their hands of their responsibilities as far as I can see.
Do you think I have a case to take this further?
Any help will be very gratefully received.
Thanks.

Tyzap

Hi CarTer01,

Please copy and paste your post to here...

https://forums.moneysavingexpert.com/discussion/4384699/flight-delay-and-cancellation-compensation-tui-thomson-only

Where you will get a reply.

Many thanks.

NoviceAngel

This is not a theead I usually follow, but I did notice your post,follow Tyzaps advice and I’m sure we can help you. Does sound like hogwash from Thomson

rsspence

My wife recently had her flight cancelled from Manchester to Southend, it was replaced by a bus service. What can she claim, is it the usual compensation or flight cost or both. Arrived 5 hours late in the end and missed a day of work.
Thanks for any advice