Compensation for delayed flights Discussion Area

suzbat

richardw wrote: »

It has been covered before. The keywords are "sturgeon" and "Wallentin v Hermann" for a search.

Thanks. Have downloaded a copy of the template letter and will see where that gets me.

richardw

I'd just wait for an update on Sturgeon.

theboots

Centipede100 wrote: »

The Case will now be subject to the full ruling in the ECJ which is due to be held sometime between July and September but IMO the Court will agree with AG Bot in full.

I guess that means those of us (like me) with outstanding claims should await the full ruling? Perhaps give the airline one more chance to cough up and then refer to the small claims.

richardw

Another thought I had today was that compensation for UK passengers is paid in the sterling equivalent of euros, so if the euro gets weaker, the less they have to pay out in GBP.

molliesauntie

Hello there,
My partner and I were booked on Monarchs ZB684 Manchester to Sharm el Shiekh flight on May 12th. We should have taken off at 1000 but didn't so so until 1527.
Like many other passengers, we were booked into an all inclusive resort, thus, we lost 5 and a half hours of our weeks AI benefits.
What was more annoying is that the delays on Monarchs ZB flights are quite well documented on the Sharm forums on Trip Advisor and as such, I had checked Manchester departures at about 2130 the evening before our departure and it stated that ZB684 was due to depart at 1355 (though this later became 1455 and actual take off was 1527).
At check-in, we were handed a letter saying "regrettably, the aircraft is late inbound to Manchester due to technicla problems within the Monarch fleet."
Once on board the aircraft, the Pilot informed us that our plane had been sent to Palma to collect passengers from another plane. I understand from the TA Sharm forums that this reason has been used before!
We were given a food/drink voucher for £5 per person.
Once airbourne, we were served (at approx 5pm) a particularly unappertising breakfast and were told by cabin crew that as these were the meals that should have been served much earlier in the day, it was all they had!
I have spent the past 90 minutes reading every post on this thread and I am now more confused than ever about demanding compensation!
Is it worth bothering?
I would be very grateful indeed for any further advice.
Thank you all in advance.

molliesauntie

Thank you for your reply.
I certainly do value 1200 Euros!
I will write to them today. Many thanks

nickyjohnston

Hi guys,
I do not know if this might be of help, but there is a website which provides free legal advice by experienced lawyers, so you can try to ask them as well.
It is based in the UK, but they specialise in flight claims a a whole - onlylawsite.com
I hope this helps
I also had similar situations, sometimes travelling is a nightmare.

delvey

A general question
If a flight is delayed longer than a set amount of time, is the flight operator supposed to rather issue a refund or re-route you at there cost as well as providing compensation (regardless of what is happening with Sturgeon)?

EDIT: forgot to add, I have not give up on my case, and now it seems hopefully by September we will have a definite answer, am waiting to pounce on Thomson and take it all the way

delvey

Centipede100 wrote: »

If a flight is delayed, 261/2004 states:

Article 6

Delay

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

- a return flight to the first point of departure, at the earliest opportunity;

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.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Thanks
reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

How would one know the cost of the ticket if it was part of a package holiday? And should this of been paid even if I took the flight? (after the 5 hours delay)

delvey

Centipede100 wrote: »

Having now read your previous posts on here regarding your claim, you were re-routed and therefore have no claim to a refund. Your claim will be (if you decide to take this up once the Sturgeon challenge judgement is released) for flight delay compensation.

If you wanted to know the cost of the ticket (irrelevant to your case) you would have to ask the tour operator.

Sit tight for another couple of months or so and you ought to be able to commence your claim.

Thanks for clearing that up
I am sitting tight and waiting for the ECJ to finish there proceedings
My brother was delayed last week as well for 4 hours from Tunisia with Thomas Cook, and will be claiming for him as well