Compensation for delayed flights Discussion Area

delvey

g.m wrote: »

Crystal, thanks

I would also ask Thomas Cook for a full explanation about the delay
The weather in the UK has not been that drastic to have flights delayed (the only exception maybe the isle on man)

delvey

Another quick question
If the ruling favors passengers, and if I have to go to court to get said compensation, could I also claim compensation from the following?
1. Loss of holiday
We arrived over 12 hours later than expected, and due to it being a night flight, was exhausted the next day (we arrived in accommodation at 3pm, was asleep by 7pm due to lack of sleep)

2. For that fact that I had no accomdation?
I have a friend who disclosed to me that Thomson use 4 airports near to Manchester airport, with 3 of them no more than a 15 minute walk away. Now they claim they could not arrange transport. I have asked for confirmation of which hotel they had intended to book for us.

conval

Centipede100 wrote: »

You are absolutely correct and I am happy to admit my first response was rubbish, I have now corrected the post.

Thank you! And this did make me laugh - but thank you, I can only imagine how hard it is to follow all of the threads that you do...it's much appreciated...

conval

delvey wrote: »

This is what they need to ask BA as well

“You have claimed that the aircraft had a technical fault but gave no details. If you wish to use this to substantiate a defence of extraordinary circumstances, I ask you to submit proof to me that meets or exceeds the very high standards set out by the ECJ in both the Wallentin-Hermann and Sturgeon rulings dated 22/12/2008 and 19/11/2009 respectively. In this context, it is insufficient to merely claim extraordinary circumstances, as the Regulation requires you to prove it and I would like to examine such evidence.

If you fail to provide me with answers or co-operate with me fully, I must also draw your attention to the relevant Practice Direction concerning pre-action conduct prior to proceedings in the County Court here in England. If necessary, I will produce copies of our correspondence to date to the Court when and if, I decide to take legal action”.

Taken from Ian41, a reply to myself

That is of course if they start claiming 'extraordinary circumstances' due to technical errors with aircraft

Thank you too for this - I suspect that they will certainly try so this will be very helpful...

I shall keep you all updated on the result (any further issues!)

Thanks!

delvey

Centipede100 wrote: »

1. Not under 261/2004.
2. Not unless you arranged accommodation and travel to/from the accommodation yourself and have receipts to substantiate this claim. Now you know what the Reg states, you will be in a better position if this should happen again!

Do not worry, I have already used this information gained from my experience.
Shame Thomson do not have the regulations visible at Man airport check-in

Would I have to claim on a separate court claim I take it?
My claims is related to 261, as I had to wait overnight in the airport (flight was delayed by 9 1/2 hours) thus was not provided accommodation, as stated in 261

delvey

That they breached the regulation for not providing accommodation
Not too fussed as long as I eventually get them for the delay

Caz3121

delvey wrote: »

That they breached the regulation for not providing accommodation
Not too fussed as long as I eventually get them for the delay

In which case you could have claimed for reimbursement of any accommodation costs that you incurred, but as you didn't incur any this does not apply

delvey

Caz3121 wrote: »

In which case you could have claimed for reimbursement of any accommodation costs that you incurred, but as you didn't incur any this does not apply

But, as I was unaware of my rights under said delay or cancellation, I did not go to accommodation

If I had known, I certainly would of, as its more appealing than staying in a terminal all night

mcfisco

delvey wrote: »

But, as I was unaware of my rights under said delay or cancellation, I did not go to accommodation

If I had known, I certainly would of, as its more appealing than staying in a terminal all night

You can't claim for the loss of something you never had in the first place.
You could always sue them for the stress of it all on the night

g.m_4

Centipede100 wrote: »

Caz has already clarified the delay timescale. Whether that qulaifies you for any assistance from your insurance company or not only you will know this.

Delvey has also suggested that you write to TC to enquire as to the exact reason for the delay to your flight. Weather conditions at LGW do not appear to have prevented other flights from arriving or departing and LGW twitter feed suggests that there were few if any problems or major delays. I agree with this strategy and you could state to TC that you need this information in writing so that your insurer can assess if there is to be any payment under your travel insurance policy. The real reason is to assess whether what TC states actually stacks up or whether it is just a fob off excuse, it may also be useful information if you decide to proceed to claim flight delay compensation once the challenge to the Sturgeon judgement has been ruled on sometime during this Autumn.

Thank you for this, do you agree that I should state my intention to claim comp/refund in the same letter as asking for the explanaition, or anticipate a response then reply with a letter for compensation?