Compensation for delayed flights Discussion Area

ian41

airplane 500

If I as a layman was in your shoes, I would now send the following Letter before Action to BMI Baby's registered address.

Insert Airline Name and Address below
XXXXX
XXXXX
XXXXX
XXXXX
XXXXX

Dear Sirs

Letter before Action

Flight number XXXXX
Date XXXXX
Booking reference XXXXX
Passenger names XXXXX XXXXX XXXXX (start with name of lead passenger)
Incident reference number XXXXXXXXXXX

To conform with the Ministry of Justice’s Rules and Practice Directions, we outline below our claim in full to avoid any possible misunderstandings and to give you a final opportunity to settle this matter before court action.

Following your cancellation of flight ww1104 from Geneva (GVA) to Birmingham (BHX) on 16th April 2011, this letter advances claims for compensation and reimbursement of other expenses pursuant to Articles 5, 7, 8 and 9 of EC Regulation 261/2004 (“the Reg”).

We arrived at GVA on 16th April 2011 for our return flight to BHX. We were informed at check-in that the flight had been cancelled. We were told that we should buy replacement flights to return home and claim these costs from BMI Baby. At no time were we given a copy of EC Reg 261/2004 or shown Article 14.2 of the Reg which spelt out our rights in that situation.

1. Compensation due under Articles 5 and 7 of the Reg.

Our first claim is for Euro 250 compensation per passenger making a total of Euro 1250 for the cancellation under Articles 5 and 7. In your letter dated xxxxxxx, you had suggested that the Boeing Aircraft 737 Reg No. G-TOYF was taken out of service at 2200 on 15th April to repair a cracked keel beam and was returned to service on 17th April at 0830. You further contend that this is an extraordinary circumstance and therefore compensation is not payable for our cancelled flight. We disagree that this is an extraordinary circumstance.

Should this matter proceed to court, we will draw the District Judge’s attention to the following points:

1.1 It is known that Boeing issued inspection alerts to airlines relating to keel beams in 2000. Clearly this is a routine maintenance and inspection issue and has been for many years. When airlines schedule any such remedial work is up to them but it should not impinge on agreed flight schedules.

1.2 The Wallentin-Hermann (Dec 2008) and Sturgeon (Nov 2009) rulings by the ECJ, emphasised that such maintenance issues could not be classified as extraordinary circumstances by airlines.

1.3 Finally, Article 5.3 requires an airline to prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. You have failed to offer any proof to back up your claim and the conclusion has to be that you are unable to do so.

1.4 Clearly 1.1 - 1.3 above demonstrate that your defence cannot be sustained under any circumstances. However, even if it could, it is clear that as there were scheduled to be three BMI Baby departures from BHX at 0700 on 16th April but only two 737 aircraft available, a commercial decision would have to be taken on which services would not take place. You decided to cancel the flights from BHX>GVA and the return GVA>BHX. Under the Reg, there is no defence or relief available under Articles 5 and 7, to an airline that cancels a flight or flights for commercial reasons.

1.5 Unless you can produce and prove a new sustainable defence, then you have no reason to refuse payment of the compensation due under Articles 5 and 7.

2. Reimbursement of flight tickets and travel expenses under Article 8 of the Reg.

Recently, you have reimbursed us with the cost of the replacement flights. However, as four of the party flew to Bristol, they hired a rental car to take them to BHX long-term car park at the airport. The cost of the rental car including topping up with petrol at BHX, amounted to £xxxxxx. We have submitted receipts for this sum but still await payment in accordance with Article 8.3.

In addition, one of the party flew to Gatwick. The cost of travelling from there to home with copious amounts of ski gear was £60. Again, we have submitted receipts for this sum but still await payment in accordance with Article 8.3.

3. Reimbursement of Right to Care expenses under Article 9 of the Reg

Under Article 9, we are entitled to claim for 2 phone calls each and reasonable refreshments while waiting for our new flights.
Our claims (with receipts) are as follows: XXXXXXXX £xxx; xxxxxxx £xxx; xxxx £xx

4. In summary, we are claiming:

4.1 The compensation due as per EC 261/2004 of Euro 1250 which at the exchange rate on 15 April 2011 of 1 Euro = 0.88385 equates to £1104.81

4.2 The additional travel expenses to get us from Bristol and Gatwick respectively which amounts to £

4.3 The Right to Care expenses which amount to £.

We therefore ask you to provide a cheque for a total of £XXXXXX in respect of compensation and expenses incurred. We inform you that we expect to receive your cheque in full settlement within 21 days of today’s date or we reserve the right to commence legal action against you in respect of the damages specified above or indeed any other legal cause of action, without further notice.

Yours faithfully

=======================================

Finally may I make three additional suggestions. Firstly, send the letter by signed-for post. Secondly, the letter is devoid of emotion (deliberatelyj and in case you feel tempted to claim some other expenses, please do not take that risk (e.g. your £25 unused rail ticket is not an additional cost and cannot be claimed – even though you have mentioned it twice). Thirdly, if you go down the legal route, please remember that there is no way to complete an MCOL for 5 defendants – there is insufficient room in the box. You will need to complete an N1 and suggest that you put the address as one of the Birmingham claimants – then send the form to the local County Court in Birmingham.

Of course, if you decide to claim for yourself as an individual, then yes you can claim using MCOL and if that case is defended, then the County Court will be the closest to the Claimant’s quoted address i.e if you live in London and quote that address, then the County Court hearing would take place in London.

That's it.

airplane500

Thank you for this template.
A couple of questions:
1) Can I claim interest on the sum of money that should have been paid earlier in the year (or is this the kind of thing you would refer to as my "mini-crusade")?
2) Why should I put the Birmingham address down on the N1 form? If it goes to court, I'll be the one following it through and would rather do it in London (unless there's some reason it would be beneficial to do it in Birmingham).

ian41

airplane500

Interest - Not at this moment. If and when you take legal action, and if you tick the appropriate box on the form, interest at the rate of 8%pa from 16 April 2011 until settlement, will be added to your claim.

Address - There are five claimants all of whom will be named in the LBA and presumably will participate in legal action. As four live in Birmingham, I assumed that you might wish to use a County Court in Birmingham but you can put any address in London, England or Wales and the hearing will take place at the nearest County Court to that address.

Sorry but you are being unnecessarily touchy. I am giving you help and the benefit of my experience freely to stop you making a further mess despite your desire to want help without giving information. Please re-read your posts from the start and remember it took until yr post # 8 to tell us the flight and airline and post # 10 to give us the rest of the detail!

.

Jonno34

Just returned to Cyprus from UK with Pegasus.

Flight took off OK by had a tailstrike on takeoff, circled for 1 hour then landed. Landed with a heavy plane so full inspection which resulted in delays. 2 x £5 vouchers issued. Eventually after a number of hours flight was cancelled as part had not arrived and the crew were outside their window, were accommodated overnight, nice hotel, smoking room (YUK) food appalling. Took off the following morning changed planes at Istanbul, luggage did not make it, had to return to airport to collect luggage, would not deliver and threatened storage charges! 100km round trip.

Have I got a legitimate claim?

In addition to this I have written to Servisair as the check in staff were unbelievably rude and the ground staff by the aircraft were complaining we were taking so long to load as they wanted to get home!

richardw

Which airport was the tail strike at?

Pegasus are highly likely to say some sort of waffle about the cause being 'extraordinary circumstances' beyond their control, what would you do then?

Jonno34

Stansted.

I don't know if it is relevant but the Pilot was saying it was his error?

cv65user

i just got back from rome , the flight was delayed for 8 hours .

we waited for 40 mins in blistering 24 degree in a shuttle bus full of people to transfer us from the gate to board the plane . then at first they sauid they are fitting a radio which was faulty this would takes futher 20 mins .

then everyone had to get off the shuttle bus back into the gate , got told to wait there . then flight was updated to board in 2 hours time . then it got updated to board at 2030 at night!

all we got 10 euro voucher for cold food . i am presuming rome to manchester is less than 1000 miles by air . so according to http://www.moneysavingexpert.com/travel/flight-delays am i entitled to compensation for the flight or per person as it was me and my GF ?

we also bought 2 cups of tea but we dont have receipt as the way it works in rome is we pay cash at cafe, get receipt , then hand the receipt to the cafeteria in exchange for what we bought. £10 top up to o2 phones for us to call back to UK . we also missed our connecting train tickets we bought in advance as we arrived back to UK after the plane eventually departed at 2100 ,after a 3 hour flight we already missed the last train in UK

i did not pay by credit card because they would have charged like £24 for the booking so i paid by visa debit natwest . so natwest cannot help me?

richardw

cv65user wrote: »

i just got back from rome , the flight was delayed for 8 hours .

Perhaps wait for the outcome of the stay to the sturgeon judgement if your flight was to England or Wales. But if the delay was caused by 'Extraordinary Circumstances' despite all reasonable measures, you aren't entitled to Art 7 compensation.

If you feel you didn't get adequate Article 9 Right to Care of http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

write to the airline detailing the deficiencies and requesting payment.

cv65user

i also need to work out my value of compensation i should be pursuing for . i need to work out the distance between manchester, UK and fumincino airport , italy . google maps is not precise as its driving distance i need the air distance?

theres < 932 miles= 250 euros
and < 932+ miles = 400 euro

http://www.which.co.uk/consumer-rights/travel-rights/flight-delays-and-cancellations-your-rights/longer-flight-delays/

http://www.timeanddate.com/worldclock/distanceresult.html?p1=215&p2=302
says its 952 miles so its just over so im in the 400 euro bracket?

richardw

cv65user wrote: »

... i need to work out the distance between manchester, UK and fumincino airport , italy..

http://www.flightmole.com/forum/showthread.php?t=1113