Compensation for delayed flights Discussion Area

DJGibbon

Hi - we were booked to fly on Sun Express XQ531from Luton to Antalya (~3000km) on Monday 22nd, and the flight landed over 3 1/2 hours late. At the time there was no specific reason given, and staff handed out leaflets with information about claiming compensation.

Sun Express customer services have directed me to https://customerservices.sunexpress.com/s/?language=en_US, and filling in the details provides the following message:

"The flight is not eligible for compensation.

Having checked our system, we would like to inform you that the passengers booked on the respective SunExpress flight are not entitled to compensation  due to circumstances beyond our control  (airport authorities)."

IS there any way of getting more details to see whether they have a leg to stand on?

Westin

^ not all delays qualify for compensation.

The leaflet may have been given out as I expect it details your other rights, such as provision of refreshments during your delay.

What reason for the delay was given at the time?

theonlywayisup

We were on an Easyjet flight from Gatwick to Santorini on Tue 30 July.  It was delayed and we arrived over 3 hours late.  The issue was described as a technical delay.   I am certain we are able to claim (£350 each) but we booked the flights via Expedia - so how do we go about claiming?

eskbanker

theonlywayisup said:

We were on an Easyjet flight from Gatwick to Santorini on Tue 30 July.  It was delayed and we arrived over 3 hours late.  The issue was described as a technical delay.   I am certain we are able to claim (£350 each) but we booked the flights via Expedia - so how do we go about claiming?

Regardless of using an agent for booking, claims need to be initiated via the operating air carrier's claim form:

Compensation Claim Form (easyjet.com)

DJGibbon

Westin said:

^ not all delays qualify for compensation.

The leaflet may have been given out as I expect it details your other rights, such as provision of refreshments during your delay.

What reason for the delay was given at the time?

Just “operational reasons” - no more detail than that

kneevis_l95

Hi,

I have been trying to get compensation from SunExpress for over 2 years now for a delay on 02/07/2022. We were on the XQ691 from Gatwick to Dalaman. We arrived 3h01 late - no reason was given at the time for delay, just operational issues. 

I have tried Resolver and dealing with them directly, even sent screenshots of the flight data. They keep closing the case. 

Westin

kneevis_l95 said:

Hi,

I have been trying to get compensation from SunExpress for over 2 years now for a delay on 02/07/2022. We were on the XQ691 from Gatwick to Dalaman. We arrived 3h01 late - no reason was given at the time for delay, just operational issues. 

I have tried Resolver and dealing with them directly, even sent screenshots of the flight data. They keep closing the case. 

Why was the flight late? Not all delays qualify for compensation.

nator

Hello all.

Question about procedure in taking a claim further.

We were booked onto a flight with Swiss on 4 August from Zurich to London City, which was cancelled as we were already on the runway and about to embark. We ended up being booked over to a flight to Heathrow instead, and landed 6 hours 45 mins late (as an aside, our suitcase was lost for almost a week). We were given a 20 Swiss franc voucher each for subsistence, which in Zurich barely buys a packet of mints.

I claimed compensation, which has been categorically denied. They explained there was a defect with the pedal of the plane, and they were not responsible. I pointed out that van der Lans v. KLM, Case C-257/14 explicitly rules that compensation is due in such cases, but they have since stonewalled me simply saying my file is closed. I have asked if they are members of an ADR scheme, but they no longer reply to my correspondence.

This is the second time this has happened with Swiss. The last time I did not have the time to take the matter further, but I'm fed up with them and their attitude, as much as anything else.

I intend to raise the issue with the relevant civil aviation authority, and to court if necessary. My question is if I need to do this in Switzerland or can do it in the UK? I'm assuming the former as the flight was leaving from Switzerland, is this correct?

mdann52

nator said:

I intend to raise the issue with the relevant civil aviation authority, and to court if necessary. My question is if I need to do this in Switzerland or can do it in the UK? I'm assuming the former as the flight was leaving from Switzerland, is this correct?

Swiss have a UK address - so if you live in the UK, then they UK courts should still have juristiction over the claim (and both EU261 and UK 261 should apply, as Swiss is a Community carrier)

Alan_Bowen

Swiss are part of the German ADR scheme SOP, there is a link from the CAA website, and you can apply in English without having to issue legal proceedings anywhere