Compensation for delayed flights Discussion Area

pboae

Well it looks like I'm going to have to do a small claims to get my money back from Easyjet after all. The brief story is that back in December our flight was cancelled. Easyjet agreed at the time to pay our overnight hotel and associated costs. We didn't take the mick with it, and were well within the claim limits they gave us at the time. When we finally got back I sumbitted the claim (which was a palaver and a half) and eventually got confirmation from easyjet that they would pay, but they never did. Since then there have been several flurries of emails, with easyjet always giving some excuse as to why it hasn't been paid and an assurance that it will be paid within 20 working days, and then they just don't pay it.

I've already warned them that I will go to small claims if they don't pay within 2 weeks, and they've had 2 weeks now, and still haven't paid (and no longer reply to my emails).

Do I just start the process with the forms on the gov website? As it's all in Polish Zloty do I just take the exchange rate on the day I submit the claim and use that to calculate the figures? Can I claim interest on the money I'm owed?

I can't believe I am having to do this :-(

bigpond

I was completely dismayed by a recent trip to Barcelona (August 08)

The return leg of our journey, barcelona to dublin (via madrid) was horrendous.

We were refused onboard the Iberia flight IB3184 (from madrid to dublin) on August 3rd despite arriving to the departure gate early and presenting our boarding cards. Our tickets had been pre-booked in April.

Clearly, the flight had been oversold and we were the only unfortunate passengers to be bumped off.

We were forced to return to dublin (via London) on a BA flight, 3 hours later and then take another aer lingus flight from London to Dublin. During this time we were offered no explanation, meal vouchers, and no help. We were sheperded from one help desk to another, terminal building to terminal building, each 'service representative' passing up their responsibilties to do their jobs properly.

After arriving in Dublin 6 hours later than expected we were told our baggage had been misplaced and was "more than likely" still in Madrid. We have since filed a missing baggage report but to no avail.

I believe we are entitled to compensation after this terrible flight experience.

Does anyone believe we have a good case of at least 250 euro compensation, excluding are baggage compo thats a separate issue.

mad_rich

bigpond wrote: »

Clearly, the flight had been oversold and we were the only unfortunate passengers to be bumped off.

...

Does anyone believe we have a good case of at least 250 euro compensation, excluding are baggage compo thats a separate issue.

When you say 'clearly the flight had been oversold' is this what you were told, or is it an assumption? It makes a difference to how you proceed.

If you were bumped, and assuming you didn't accept vouchers or miles in lieu of compensation, then you are entiled to cash as well as your right to care. Look here:

http://www.caa.co.uk/default.aspx?catid=306&pagetype=90&pageid=2184

According to this, MAD-DUB is 1452km, so unfortunately you're just in the lower band for compensation.

Now you get the fun of actually getting your money...

RiaAnn

Any thoughts?

Flybe flight from Europe to Southampton. Delayed to the point Southampton was closed to flew back to Birmingham and bused to Southampton. Arrived Southampton 8 hours later than anticipated at 5 am. Arranged lift couldn't collect us at that time and ended up out of pocket for Taxi ride.

V. poor communication (found out from relatives in UK what was going on)
No food/drink at airport or coach (couple of free drinks on flight and meal we would have had anyway).
No phonecalls given.

Intend to try and claim compensation for taxi fare but would we be entitled to anything else given they clearly did not comply with air passenger rights?

sai68

I was flying with Delta airlines from JFK to Manchester, flight took off but had to return to JFK due to engine problems. Delta put us in a hotel for the night and then put us on a flight to Manchester the next day.

I spoke to staff at Delta UK then sent a claim letter with all paperwork requested, I received a reply from Delta stating that the mechanical failure was not their fault as they had taken all due care so I wasn't entitled to claim.

According to Martins Flight Delay page, mechanical problems are the airlines fault and we can claim. I decided to phone the Air Transport Users Council and I was in for a shock.

According to the gentleman I spoke to, since Delta wasn't an EU airline it didn't fall under the regulation 261/2004. The gentleman also said that since I wasn't departing a EU country the regulation did not apply, and claims can't be made against mechanical faults. On Martins page it says that all flights either leaving or arriving at an EU country are covered.

What should I do?

Thanks

Sai

mad_rich

sai68 wrote: »

I was flying with Delta airlines from JFK to Manchester

...

What should I do?

The ATUC gentleman was right: flights TO the EU on a non-EU airline aren't covered by 261/2004. See here. The US consumer organisation that might be able to help you is here.

Not that it's relevant to you any more, but I don't know why he said mechanical faults aren't covered. That's not mentioned in the regulations, and it is ultimately up to a court to decide whether a particular fault can be described as 'extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken'.

As for what you can do next... What are you looking for? You might get some expenses paid (if you had any) if you pester them, or a few miles if you're a frequent flyer with them. But it seems they took reasonable care of you during the delay

pboae

pboae wrote: »

Well it looks like I'm going to have to do a small claims to get my money back from Easyjet after all. The brief story is that back in December our flight was cancelled. Easyjet agreed at the time to pay our overnight hotel and associated costs. We didn't take the mick with it, and were well within the claim limits they gave us at the time. When we finally got back I sumbitted the claim (which was a palaver and a half) and eventually got confirmation from easyjet that they would pay, but they never did. Since then there have been several flurries of emails, with easyjet always giving some excuse as to why it hasn't been paid and an assurance that it will be paid within 20 working days, and then they just don't pay it.

I've already warned them that I will go to small claims if they don't pay within 2 weeks, and they've had 2 weeks now, and still haven't paid (and no longer reply to my emails).

Do I just start the process with the forms on the gov website? As it's all in Polish Zloty do I just take the exchange rate on the day I submit the claim and use that to calculate the figures? Can I claim interest on the money I'm owed?

I can't believe I am having to do this :-(

Sorry to quote myself, but has anyone actually got to small claims court over something like this? I've got so many questions about it all, and I don't really know where to start.

MikeeMOO

pboae wrote: »

Sorry to quote myself, but has anyone actually got to small claims court over something like this? I've got so many questions about it all, and I don't really know where to start.

Yes, I recently filed a Civil Court action against Air France through the HMCS website as they refused to compensate me 250euros due to me under EU Regulation 261/2004 for a flight cancellation earlier this year.

It was actually a very simple process and Air France eventually settled out of court before the case was due to be heard at my local court - they paid the 250 euros + my court fee.

I see several members are looking for advice but rather than reply individually, I'll make some generalisations here.

Firstly, Air France claimed the cancellation was due to a technical fault and therefore was exempt from the Regulation due to flight safety shortcomings/extraordinary circumstances. The Regulation makes it clear that it is up to the airline to prove the extraordinary nature of the fault as not all faults are extraordinary. Unfortunately, many airlines try and dodge their responsibilities by making their own interpretation of this rule and expect the customer to not question them. Even under exceptional circumstances, they must still provide accomodation, meals, alternative transport, refunds....there is absolutely no opt-out available (although airlines will tell you otherwise).

After several letters to Air France, stating their obligation under the Regulation, I gave them 14 days notice of Civil Court action. When they failed to respond, I initiated proceedings and filed papers at their registered head office in the UK. They eventually filed a rather weak defense and 1 week later, as I was awaiting my day in court, they paid up.

In my opinion, most airlines will not pay out until Her Magisty's Court Service serves papers on their doormat....they may file a defense but very rarely will the case go to Court. Even if it does, all the cases I have come across (Easyjet, Ryanair, Virgin, Thomas Cook, British Airways) have all lost. Therefore, it is in their best interests to settle out of court as the costs of defending each case + the risk of losing are too great. Airlines rely on passengers giving up early in the complaints process or paying those who take it to litigation before the case goes to court.

I'd be more than happy to give further details of my case to help other members persue their claims. I would recommend members check the forum at flightmole.com for a wealth of information to support claims - it helped me a great deal in my successful claim against Air France.

-Mikee-

pboae

Thank you for that Mikee, I'll check the link out. I don't see what defence Easyjet have in my case, as they've already agreed to pay it, they just won't actually do it! So small claims it has to be :-(

MikeeMOO

Additional info - for a "plain English" explanation of the Regulation and details of passenger's rights for delays/denied boarding/cancellations, I strongly suggest members read the following website:

http://www.airpassengers.eu/page_accueil.php3?lang=en

-Mikee-