Compensation for delayed flights Discussion Area

pycroft

Hello Ian



I would like to take legal action - I would appreciate any guidance on how to do this and the costs involved.





Many thanks






Tony



QUOTE=ian41;51928401]Airlines are like politicians– they answer with points that they have pre-prepared and ignore the questions posed. You have received a standard cut-and-paste reply – and over the course of the strike Air Europa will have sent thousands of similar letters. It ignores all your questions.

They are trying to confuse the situation so that you simply give up. Air Europa will be fully aware that EC Reg 261/2004 Article 8 provisions re re-routing are mandatory and apply whether or not they were fully responsible or blameless for the flight cancellations – there is simply no let-out for the airline once they cancel any flight. So in my view, you are on solid ground legally for the re-routing costs.

The compensation for cancellation is less clear cut – it could go either way.

The next stage is to either press ahead with legal action to recover the re-routing costs and/or compensation or drop it. As an interim move, you could re-send your previous email to the legal department at Air Europa and ask specifically to receive answers on the points raised.

I said to Chris in post #1502, that EC Reg 261/2004 gives protection to passengers but to gain compensation requires a good case, bucketloads of determination and perseverance and in at least 95% of cases, a willingness to take legal action.The latter is not difficult but the research and time commitment can be high. It is miles away from the travel equivalent of PPI where one makes a claim and a cheque arrives shortly afterwards but there are some posters who believe it is that simple.

Ultimately, you have the choice – drop it or pursue it – no-one else can make that decision for you because it a personal matter.

If you need to know more about the legal options – costs, possible methods etc then let me know. It is not difficult and you could use a procedure where you are less likely to put a foot in the doorway of a court.

Post back if you need any further clarification, have any queries or when you have made your decision.

As usual, it would be helpful if you could acknowledge that you have read this post by a simple reply or by hitting the Thank You button[/QUOTE]

ian41

pycroft wrote: »

Hello Ian

I would like to take legal action - I would appreciate any guidance on how to do this and the costs involved.

Many thanks

Tony

Before I can do that I do need to know where you live (town/city) as the legal system varies in the different countries within the UK

Once you reply, will try to do this week. Will be (largely) absent for 20 days after that.

pycroft

Hi


I live in Selby, North Yorkshire.


Hope this helps


Thanks


Tony

ian41 wrote: »

Before I can do that I do need to know where you live (town/city) as the legal system varies in the different countries within the UK

Once you reply, will try to do this week. Will be (largely) absent for 20 days after that.

rainbowneeks

Hi, I'm just after some advice following a recent holiday. Our initial flight (US Airways) was delayed by 8 1/2 hours, which meant we missed our connecting flight and eventually arrived for our holiday 16 hours late. We were provided with meal vouchers and put up in a hotel overnight by the airline.
I have written an initial email to the company requesting compensation for the missed time of our holiday and additional costs incurred. I received a reply this morning offering 2 x $125 vouchers for future travel. These will be useless to us because we have no plans to return to the US in the near future. Instead I would like money. Do they have to offer it in money? Or by law can they only offer vouchers?
Any advice on how to proceed with this would be greatly appreciated, thanks!

ian41

rainbowneeks wrote: »

Hi, I'm just after some advice following a recent holiday. Our initial flight (US Airways) was delayed by 8 1/2 hours, which meant we missed our connecting flight and eventually arrived for our holiday 16 hours late. We were provided with meal vouchers and put up in a hotel overnight by the airline.
I have written an initial email to the company requesting compensation for the missed time of our holiday and additional costs incurred. I received a reply this morning offering 2 x $125 vouchers for future travel. These will be useless to us because we have no plans to return to the US in the near future. Instead I would like money. Do they have to offer it in money? Or by law can they only offer vouchers?
Any advice on how to proceed with this would be greatly appreciated, thanks!

If you read both my latest post and the earlier one by Centipede100 in the following thread, you should have your answer.

https://forums.moneysavingexpert.com/discussion/3869847

Post back if you still have queries having read the advice/information/ threads

PS re money or voucher. US Airways are not admitting liability but they are offering a travel voucher to you. They do not have to offer you anything. However, if they are liable for compensation for a long delay under EC Reg 261/2004 (that is if they do not have a defence and if the upcoming ECJ judgment requires airlines to pay compensation), then there would be an obligation to pay any compensation in money at that point.

Chrishazle

Response from Thomsons :

Following the useless telephone call last Friday, I now have a letter from TUI :

Thankyou for contacting us.

It's important that we give your comments the attention they deserve, so we would like to spend time looking at them - this may take us up to 28 days.

We'll be in touch with a full response as soon as we can.

Thankyou for your patience.

Yours sincerely,
Unreadable squiggle signature
Customer Support Team

Obviously, this letter does not say which of my 3 letters they're referring to - the flight delay and seat downgrade compensation, the poor service from the rep in Bavaro or the horrible day trip we took to Saona Island! We'll see.

pjwhite

We suffered a 7 hour delay in 2010 due to a technical problem with the plane and applied for compensation, the operator (Thompson) said that a number of airlines had requested that since delays did not expressly have a compensation against them they were pushing this back to EU for another representation, well this has just gone before the advocate with a possible ruling in September. In between this I have contacted ACL - they look after the slots at a number of UK airports, a slot is date & time based. If there is a likliood that the operator will not make the slot he has to inform the coordinator so they can shuffle flights to use that time. However once past the activation of the slot they have effectively expired / cancelled as far as the Airport Coordinator is concerned (NOT DELAYED). And Cancelled flights are covered by the EU ruling - It just seems to me that the operators want to have it all their own way! and not interested in the impact it has on their customers.

pjwhite

Hi there,
thanks for your reply, but the point i was trying to put was as far as the ACL & Airport coordinator are concenred it is cancelled, as they missed it & not delayed as the slots are Date / Time allocated.
BR PJW

Caz3121

I think the difference is that you are referring to the take-off time slot being cancelled rather than the flight. I have sat on a plane with techincal difficulties that eventually took off 3 hours late. Obviously they did not leave in their original allocated time slot but they did leave and I would never have considered this as a cancellation. There was meant to be 1 flight that day and it went

ian41

pycroft wrote: »

Hi

I live in Selby, North Yorkshire. Hope this helps

Thanks

Tony

My apologies. I will complete in the next few days and post a reply then.

Sorry