Compensation for delayed flights Discussion Area

cv65user

also i booked through lastminute.com so am i meant to pursue through jet2 or lastmin.com ?

ian41

cv65user

In this instance and if compensation was payable under EC Reg 261/2004, it would be at the rate of Euro 400 per passenger. The defendant would be Jet2 as the operating air carrier.

richardw gave you some good advice in his post # 1199 but you didn't comment. Did you understand what he was telling you? If not, post back with any query you have as it might help you to decide what you could do?.

theboots

I was wondering if the following met the criteria for a claim and how I should go about making one if so, to me it seems that it may and €600 per passenger applies. I do have an email address for SIA and a postal address on the acknowledgement letter they gave us at the airport. The reason according to the letter is that the outbound aircraft from Singapore had to return with a technical fault.

I just got back after a lengthy break in Malaysia with my wife, so this applies to two travellers. On the way out October 6th the SIA flight was supposed to leave at 22:05, however, we were called around 14:00 by the travel agent to say the plane was delayed until the following morning but that we should still got to the airport to check-in. Checked and there were no places on the 18:15 flight so as requested checked in as normal for the 22:05 and were shipped to a hotel nearby, back at the airport in the morning for a 9:30 departure. So just under 12 hours delayed, luckily we were staying in Singapore a few days so there was no impact on our connecting flight this time.

This did mean we'd lost the evening in Singapore (original flight arrival 17:40) and paid for a hotel we didn't get to until about 06:30 the following day.

--
Ian

richardw

theboots, read earlier comments about the stay to the Sturgeon Judgement.

SQ are highly likely to say the technical fault was due to extraordinary circumstances, what would you do then?

ian41

theboots wrote: »

I was wondering if the following met the criteria for a claim and how I should go about making one if so, to me it seems that it may and €600 per passenger applies. I do have an email address for SIA and a postal address on the acknowledgement letter they gave us at the airport. The reason according to the letter is that the outbound aircraft from Singapore had to return with a technical fault.

I just got back after a lengthy break in Malaysia with my wife, so this applies to two travellers. On the way out October 6th the SIA flight was supposed to leave at 22:05, however, we were called around 14:00 by the travel agent to say the plane was delayed until the following morning but that we should still got to the airport to check-in. Checked and there were no places on the 18:15 flight so as requested checked in as normal for the 22:05 and were shipped to a hotel nearby, back at the airport in the morning for a 9:30 departure. So just under 12 hours delayed, luckily we were staying in Singapore a few days so there was no impact on our connecting flight this time.

This did mean we'd lost the evening in Singapore (original flight arrival 17:40) and paid for a hotel we didn't get to until about 06:30 the following day.

--
Ian

Yes there is a basis for a compensation claim of Euro 600 per passenger subject to a proven defence of extraordinary circumstances by the operating air carrier SIA. You would also be entitled to EC Reg 261/2004 Art 9 Right to Care - see the full reg here:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

The only problem (!) is that currently court claims regarding compensation for delay claims in England are currently stayed pending a ruling from the ECJ. This in turn has resulted in most airlines flying from the UK refusing to consider such claims again pending that ruling. Claims from EU countries excluding England and Wales are unaffected. This does not affect Art 9 claims which should be paid in full now.

So yes, make your claim by writing to SIA. They will then disclose whether or not they have a defence. At the same time it is likely that they will say that pending the ECJ ruling, they will not entertain any claims.

But don't give up - mark it in your diary to either check back on a regular basis either here or on www.flightmole.com a forum that specialises in such cases. The airlines will be hoping and praying that most potential claimants will have forgotten about their claim, once the ruling is handed down.

malcolmffc

My wife's flight from Luxembourg to Heathrow was delayed by 4 hours in August 2011. We complained to BA and today recieved this response:

Dear Mrs XXXXXX

Thank you for your letter regarding EU Compensation for your flight, BAXXXX.


Regulation 261/2004 states that compensation is payable in some instances of cancellation and for denied boarding. It does not provide for payment of compensation for delay. It is our view that the Sturgeon judgment has given a meaning to Regulation 261 that was never intended when the legislation came into force. Furthermore, the Sturgeon decision directly contradicts another European Court of Justice decision pre-dating the Sturgeon case, in which the European Court of Justice stated that compensation was not payable in respect of delay.


For these reasons we now consider the legal position relating to compensation for delay is unclear. Therefore, we have issued proceedings in the English High Court and questions have been referred back to the European Court of Justice under case reference C-629/10. The details of this case can be viewed on the Europa website, by searching for the case number at http://curia.europa.eu/jcms/jcms/j_6/. Until such time that the position has been settled by a further ruling from them, we are of the view that we are justified in not paying claims for compensation for delay.


Thank you once again for contacting us. I do understand that this is not the answer you were hoping for and I’m sorry to disappoint you on this occasion.

What steps can we take next?

richardw

malcolmffc wrote: »

...Until such time that the position has been settled by a further ruling from them....

What steps can we take next?

Wait until there is a further ruling which is expected in 2012.

bizzybus

Hi, We were delayed 26 hours in Taba Egypt due to technical problems (confirmed by letter). I have today phoned Thomsons who are refusing to pay compensation quoting that they are not obliged to do so,and i have asked them to register and confirm my request. Does anybody know of anything more i should do as this is the first time i have had a delayed flight,I have listed our delay details below as i think that thomson did not do everything they should have under the circumstances.

Tues 8.11.2011
1. Taken from resort at 16.00 to Taba airport
2. 20.00 told our 19.05 flight was canceled (technical)and we would have to stay over.
3. Told all hotels at resort were full but we would be bused back to Taba for food and later transfered to Sharm for alternative accommodation.
4. 23.50-03.00 taken to Sharm and told we would be updated about flight at 10.30 (wed.)
Wed. 9.11.2011
1.10.30 Told we would be leaving from Sharm at 21.00 approx. left hotel 18.00 and left Sharm 21.00 (no food on plane) arrived Manchester 01.15
2. Total delay 26hrs 40 mins. Total without food 12 hrs

richardw

bizzybus wrote: »

... due to technical problems (confirmed by letter).

What do Thomson say in their letter?

bizzybus

Hi Richard,

Thomson write" Your flight was delayed due to a Technical issue before its departure from Taba and could not be rectified quickly.Spares and engineering assistance was required from U.K. Due to hotel shortage in Taba passengers were provided with hotel accommodation in an alternative resort. The flight was therefore operated at the earliest opportunity the following day from Sharm El Sheikh". The captain of the flight told us that the technical problem was due to the failure of a fuel tank transfer valve.