Compensation for delayed flights Discussion Area

ler01kjh

Hi, I'm trying to claim compensation for a cancelled flight from LHR to LAX. An hydraulic fluid pipe burst while waiting on the tarmac, which couldn't be replaced.
The airline has claimed that I cannot claim because it is exempt. However I notice the following in the article:

A Dec '08 test case went some way to making the law clearer by ruling that technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances. In the past, airlines have routinely cited them as such to excuse themselves from paying out, so this is great news for consumers.

Please can anyone refer me to the particular case? I can then go back to United Airlines with this arguement. Many thanks.

Westin

Be glad the hydraulic leak was discovered prior to take off. I'm sure this was an inconvenience but the situation could have been far more uncomfortable if discovered after take off and a diversion and precautionary landing made, or an emergency landing at LAX with a potential braking issue with faulty hydraulics.

richardw

It might be Wallentin Hermann v Alitalia http://ec.europa.eu/avservices/services/showShotlist.do?out=PDF&lg=En&filmRef=61095

Shona99

richardw wrote: »

The time limit is six years, so plenty of time.

Could you helpfully refer me to the legal authority for this time limit?

richardw

You don't need any help Shona99. Please contribute to this forum with relevant links.

annieturkey

th hi there hope someone can advise me i got flight money refunded by my credit card company through section 75 for the hoildays4u going bust well now they have took it back saying i have got to claim myself when it happened the form said i had to cliam through the credit card now they have changed it i am going to get intrerest charges on the credit card

Dreamscometrue

Hello All,

This will be a bit long, sorry! I recently experienced the worst journey of my life. I've never experienced anything like it before. I would be grateful for any feedback & suggestions on how to go about claiming compensation.

I was due to fly to Cuba at 1700 on Weds the 7th of Sept at 1700 with Cubana airlines. I got to the departure gate and sat by the window. I could see the aircraft surrounded by around 20 engineers and 2 fire engines. There was a ground sheet and a huge drum under the aircraft. A while later and no sign of us leaving a man wearing goggles and gloves emerged from the craft and the huge drum was changed - seems it lost all of its gasoline. Several hours later we were told that we couldn't go and that they would send for parts from Madrid which wouldn't arrive until midday Thurs. We were told to return duty free, go through passport control and collect our bags. The first set of passengers left on a coach to a hotel and the rest of us were left waiting 40 minutes for the coach to return. The coach came but there wasn't enough space for the luggage and the hotel was a good 40 minutes away. Ground staff promised to care for our luggage and that it would arrive a while after us. Arrived at the beautiful hotel around 0130. the bags arrived after 0300. Received a call in my room that everyone would have to leave at 0800 as the hotel was full and they couldn't serve breakfast! In bed at 0400 and up at 0700 - no sleep but showered and relaxed a bit. Coach left full around 8 but mini buses had been called for the remaining passengers. 2 mini buses left at the same time but Cubana had not arranged payment so the 1st paid £6 each. In my mini bus one woman refused to pay and ran away! In my taxi one Cuban guy paid £10, the Colombian paid £21 and I paid £11. Later told I would have to write in to claim this. There were 2 additional suitcases on our mini bus but the owners were not around! We knew they belonged to someone on our flight so took them with us into the airport for safekeeping. £10 vouchers were handed out for breakfast and several hours later we were told to go to the Hilton at the airport. Cubana had not arranged enough rooms and it seemed they were confused as to how many rooms were needed. The Cubana party were spread out in the foyer waiting for hours. At this point I became very upset as I was extremely tired and thinking about the time I was missing with those waiting for me in Cuba. The hotel manager was very understanding and got me a drink and a box of tissues. Suddenly a Cubana rep appeared and rooms were found quickly. We were told we woiuld be called around 7pm with an update. I couldn't sleep but showered and relaxed a bit. Left the hotel soon after 7pm. 2 girls were wandering around crying - they had decided it was all too much and were going hone. Boarded the plane close to midnight. Everyone was seated and the engines were running for a long time. There was a flurry of activity and an announcement was made. They were trying to contact air traffic control to get permission to leave! Later told that air traffic control and the baggage handlers had gone home for the night and we had missed going by 3 minutes - night time flying restrictions. We were told that it was too late to arrange hotels and that they were preparing mattresses on the lower level. In the passport control hall one man wss making a speech advising us not to go through as we would lose any rights and he wanted action! Extra security were called for our party. A good while later everyone went through passport control. Thin camping matresses, blankets and water were supplied but it was impossible to sleep under the low ceiling artificial lights with babies crying and a row of Cuban men snoring in unison! From our flight there were 3 sets of honeymooners, a man collapsed and was taken to hospital on the 1st day and many babies and small children. We had been told that we would leave at 0700 friday but this came and went with no news. Many of us spent several hours trying to get hold of someone from Cubana to no avail. We couldn't get hold of them on the phone and we were told they were at the airport but they must have been in hiding. The flight time later changed to 1300 but this came and went. It was very frustrating, there was no information available. Extra police hung around the fed up Cubana party. Most people had decided to go home but the luggage cage didn't arrive until 2pm. I left the area to speak to a polceman and airport information for advice. Finally got to the plane where the luggage was waiting on the tarmac. A Swedish guy was taking a case for Cubans but it was missing. Thankfully my bags were there and we left on Fri 9th at around 1600 with the plane almost empty. Had a great holiday. Flying back I got to the airport and the plane was delayed by 5 hours so despite the cab fare which I paid myself as travelling indepently we returned to the hotel. Eventually left Havana about 5 and a half hours late.

Thanks for reading. I think my travel insurance will only pay out around £36. I'd really like to get something back for the 2 days I lost if it's possible.

richardw

Can you edit it please to the facts.

airplane500

[FONT=&quot]Hello, I have a couple of questions about flight cancellations if anyone can help? My story: We had a flight cancelled on the morning of departure in April. Not knowing our rights, we were told by check-in staff to purchase our own replacement flights back to England then claim the difference back from the airline. Subsequently, several letters have been sent to the airline getting the “extraordinary circumstances” brush off (it wasn’t extraordinary, it was a crack found during an inspection (which the Wallentin-Hermann case clarified would not be classed as extraordinary) and the plane was taken out of service a full 12 hours before departure - more than enough time for them to source alternative travel for us), so am about to go through the MCOL (small claims court) process.[/FONT]

[FONT=&quot]My questions:[/FONT]

[FONT=&quot]Are airlines required to pay for onward travel after cancellations? After getting back to England, I’d missed a pre-booked train ticket and as I had to fly into a different airport I got a taxi home.[/FONT]

[FONT=&quot]If/when it comes to the small claims court, who would I put down as the recipient of the action? I need a name – is it the airline’s CEO or MD? Also the address they give is a POBox which the MCOS website advises against using.[/FONT]

[FONT=&quot]I presume there are other passengers on this cancelled flight who will have been put off pursuing reimbursement/compensation by the “extraordinary circumstances” line – if the airline are liable and pay me what I think I’m owed, are the airline then legally required to contact all the passengers on that flight with compensation? Is this why they might try to settle out of court (to absolve their need to pay out to all passengers)? I’ve reported the airline to the Aviation Authority where the flight originated, but being as they'll take 6 months to investigate, it seems like the airlines can carry like this with impunity.[/FONT]

[FONT=&quot]Thanks in advance for any advice...[/FONT]

richardw

Is it a UK airline?

Is the enforcing body of Regulation EC261/2004 in the country that your flight started one with 'teeth' or about to get 'teeth' to enforce the regulation?

AFAIK, the airline aren't required to contact all passengers and pay out.