Compensation for delayed flights Discussion Area

Rayveld

As an individual consumer it is very hard to claim the compensation you're entitled to. However the law still applies. The airline companies just make it difficult for you to claim your money. Therefore you shouldn't take no for an answer.

Today, European Consumer Centres are even actively informing passenger on 28 different airports across Europe about their air passenger rights.

A European-wide initiative that helps you to claim a compensation from your airline is Flight-Delayed.co.uk. They also have a tool that can tell directly if you're flight is entitled to a compensation.

On May 15 2012 Advocate General Yves Bot of the European Court of Justice affirmed the controversial Sturgeon decision. Even though the advocate general's opinion is not binding on the ECJ, it is legal practice that it is usually followed in the final judgment.

So don't waste your time with waiting to submit your claim until Autumn.

janeken

Our US Airways flight from Manchester to Seattle via Philadelphia on May 22nd last was delayed by 8 hours, apparently because the incoming flight had maintenance problems. We were given food vouchers to use at Manchester and rescheduled to Seattle the next day at 6.45am. On arrival at Philadelphia we were given vouchers for a taxi ride to a flea pit of a hotel quite a distance away from Phildaelphia airport in a different state, New Jersey, and finally entered the room at 11.30pm meaning we had been travelling for 20 hours. The reviews for this hotel on trip Advisor make very entertaining reading and it seems US Airways use it all the time. We had to leave the hotel at 4am to catch the flight were were rescheduled to the next day and it went via Phoenix making it impossible to pick up our hire car and drive to Port Angeles, Washington State, to catch the 12.30pm ferry we had reserved to travel to Vancouver Island. The only alternative we had was to drive from Seattle to Vancouver to take a different ferry which goes more than twice a day. We just managed to catch the last one at 9pm and arrived at 11.30pm, another journey of 16.5 hours, 2.5 of which were driving in busy traffic without directions or sat nav once we crossed the Canadian border.

We lost the nice hotel we had booked in Seattle for the night of May 22nd, the deposit for the ferry and had to pay a lot more out in petrol (gas) to drive to Vancouver. We explained all this in an email to USAirways and they have given us $100.00 credit each towards a future flight. The flight has to be booked using a telephone number given, not on line, which suggests that the price will be more than if we booked on line. It is valid for 12 months.

Should we email back declining their offer? By not replying declining the offer does it follow that we have accepted it? $100.00 each doesn't seem much to us.

scouseblondie

Has anyone used that site flight-delayed.co.uk as I cant find any reviews for it and im thinking of maybe using it. Having typed in my details it says that I am entitled to compensation.

Don't know where to start with claiming for our disastrous journey home with monarch which started sunday as we have never experienced anything like it before.

Basically we were due to fly sunday 6pm from sharm el sheikh, once in the check in queue we were told that we would not all be on the same plane as there had been a problem with the original monarch flight (rumours were surfacing of overbooking). Instead we were put onto two separate flights - one an italian plane another - our one, a lithuanian. The first one took off, we boarded our one and were sat on it an hr only to be told we had to get off due to a technical fault- problems with the wheel. After a further few hours wait in the terminal around 12am we were told that it was cancelled and that a couch was outside for us to take us to a hotel. we were like ok, weres our luggage? only to be informed that it was on its way to manchester! they had loaded the bigger italian plane with our luggage also. This was a nightmare as I had medication in my luggage, no clean clothes or toiletries. We had to stay in the hotel till the next night until 9.30pm when we got picked up and then departed around 12am. All in all it was a 36 hr delay and caused major inconvenience for us with having to take time off work etc. It wouldnt have been so bad we would have had our luggage as I just would have classed it as an extra days holiday but with no clean clothes or sunscreen to venture outside it was awful. Even my partner was walking around in 40 degree heat with jeans on so we just stayed holed up till we flew.
There was a severe lack of communication from monarch - they didnt have any reps at the airport or at the hotel to inform us of what was happening with the plane so we had to deal with the egyptian airport staff who didnt really know much either. We also did not receive any refreshment vouchers on the first day stuck at the airport or the 2nd day - so we bought some and kept our receipts.
Has anyone got any advice on where I should start, ie emailing monarch/travel insurance? and is it worth using flight delayed.co.uk or would it work out better for me to claim myself. They said I would be entitled to £480.:think:

Thanks !

delvey

Rayveld wrote: »

As an individual consumer it is very hard to claim the compensation you're entitled to. However the law still applies. The airline companies just make it difficult for you to claim your money. Therefore you shouldn't take no for an answer.

Today, European Consumer Centres are even actively informing passenger on 28 different airports across Europe about their air passenger rights.

A European-wide initiative that helps you to claim a compensation from your airline is Flight-Delayed.co.uk. They also have a tool that can tell directly if you're flight is entitled to a compensation.

On May 15 2012 Advocate General Yves Bot of the European Court of Justice affirmed the controversial Sturgeon decision. Even though the advocate general's opinion is not binding on the ECJ, it is legal practice that it is usually followed in the final judgment.

So don't waste your time with waiting to submit your claim until Autumn.

This is kind of true
But you may as well wait until the final hearing that way the airline cannot try and wriggle there way out of it claiming there is a stay in England and Wales (not in Scotland I am led to believe)
The decision, is yours however

delvey

janeken wrote: »

Our US Airways flight from Manchester to Seattle via Philadelphia on May 22nd last was delayed by 8 hours, apparently because the incoming flight had maintenance problems. We were given food vouchers to use at Manchester and rescheduled to Seattle the next day at 6.45am. On arrival at Philadelphia we were given vouchers for a taxi ride to a flea pit of a hotel quite a distance away from Phildaelphia airport in a different state, New Jersey, and finally entered the room at 11.30pm meaning we had been travelling for 20 hours. The reviews for this hotel on trip Advisor make very entertaining reading and it seems US Airways use it all the time. We had to leave the hotel at 4am to catch the flight were were rescheduled to the next day and it went via Phoenix making it impossible to pick up our hire car and drive to Port Angeles, Washington State, to catch the 12.30pm ferry we had reserved to travel to Vancouver Island. The only alternative we had was to drive from Seattle to Vancouver to take a different ferry which goes more than twice a day. We just managed to catch the last one at 9pm and arrived at 11.30pm, another journey of 16.5 hours, 2.5 of which were driving in busy traffic without directions or sat nav once we crossed the Canadian border.

We lost the nice hotel we had booked in Seattle for the night of May 22nd, the deposit for the ferry and had to pay a lot more out in petrol (gas) to drive to Vancouver. We explained all this in an email to USAirways and they have given us $100.00 credit each towards a future flight. The flight has to be booked using a telephone number given, not on line, which suggests that the price will be more than if we booked on line. It is valid for 12 months.

Should we email back declining their offer? By not replying declining the offer does it follow that we have accepted it? $100.00 each doesn't seem much to us.

Decline, you could be entitled to compensation for delay, when the ruling comes into affect.
But I am pretty sure you could claim for the loss of a nights stay at the hotel, loss of deposit for the ferry and possibly the cost of fuel.
Write a letter stataing the exact amounts with receipts, and give them 14 days to reply. If they fail to reply, or your not happy, start small claims proceedings and report them to the CAA

111KAB

I post for two reasons ~ firstly to have a rant regarding Monarch Airlines and secondly for any constructive advise of how to proceed with any complaint.

FACTS > Flight ZB959 PMI (Palma de Mallorca) supposed to depart PMI on Tuesday 3rd July 2012 at 10.45 to arrive BHX (Birmingham) at 12.15. Actual position is flight departed PMI at 12.50 and arrived BHX at 14.11 on Wednesday 4th July 2012. In effect therefore the delay was c. 26 hours due to 'technical difficulties with the aircraft'. Provided with two vouchers of 12 euro then 20 euro towards food and then given overnight accommodation, evening meal and breakfast in Palma hotel.

RANT > Monarch handling agents at PMI are Iberia and quite frankly their two lady representitives had not got a clue as they appeared as much in the dark as I (and everybody else) was. Having arrived at the airport at 08.45 the first I knew of the delay was via the boards (1hr 40 mins indicated!). Throughout the day the boards kept changing the ETD until 21.00 (i.e. over 12 hours after I had arrived at the airport) when I was told I would be put on a coach and taken to a local hotel and I would be collected at 09.30 the following day. During the day I had been kept the whole time in the boarding/departure lounge. I was told relatives/friends collecting me had been informed of the delay (they had not) and there was no 'phone to make a call (my mobile was out of power by late afternoon). I asked if I could cancel the flightand possibly switch to a BMi or Ryanair but was informed that Iberia did not have the authority or indeed the ability to assist. Basically Monarch, it appeared, could not give a stuff and this was reflected in the attitude and response of their handling agents. I suppose some would say 32 euro + a paid overnight stay is ok but I felt totally let down. I would add that I was travelling 'light' - no baggage at all other than the clothes I was wearing and my passport! Accordingly no toothbrush, deodorant (yuk ~ 24 hours in HOT Palma) etc etc.

CLAIM > I suppose if I considered I had been treated with respect and kept fully advised I wouldn't even be bothered to be posting but bearing in mind this was an almost full Airbus 320 prompts me to post. Mine was, by no means, the greatest need. There were older, frail passengers - pregnant ladies - children etc. Upon eventually boarding the repaired plane I indicated to the cabin crew that I thought it would be a worthwhile PR gesture to maybe offer free soft/hot drinks but they informed me they had 'considered' but Alpha Catering had refused ~ furthermore there was to be no food provision on the plane as all food on board had been 'sitting' for 24 hours and it was felt better not to serve. Should I claim? It is not a matter of feeling I should have any money but that Monarch should have a responsibility for taking greater care of their customers.

THANKS.

urban469

Centipede100 wrote: »

Important because you are officially and in accordance with Civil Procedure Rules notifying the airline of your intention to make a claim. CPR rules lay down a certain pre-action protocol which claimants should adhere to, one of which is to give both parties every opportunity to settle the claim before any court action.

EZ's customer service team would not be the individuals responsible for making an offer to settle as any decision would be taken further up the chain of command. By notifying the Co Sec you are ensuring your claim notice is received in the right quarters.

You could fax or email your Notice but you may not have the correct fax or email address and therefore I recommend royal mail first class with a free proof of postage if you ask at the counter before posting. Keep the proof safe.

I sent mine to the Customer Service address without proof of postage. Worth resending?

delvey

Centipede100 wrote: »

As you received the 'Right to care' under Reg 261/2004 you have no further claim on this issue.

What happens if they decline your 'right to care' and offer nothing, from a legal standpoint?

Caz3121

delvey wrote: »

What happens if they decline your 'right to care' and offer nothing, from a legal standpoint?

You should be able to claim for reimbursement of the expenses incurred.
eg if you booked into a hotel due to having a long delay and you were not provided with a hotel, then this should be reimbursed.
(if you waited in the airport as you did not get a hotel then there is no reimbursement)

wiredworm

Departing from Copenhagen last night we were delayed for 90 minutes due to staff shortages on the fuelling rigs. Not the biggest delay granted, but it meant I missed my connection back to the UK so had to stay overnight close to Schiphol Airport.

Given the problem was caused by a service provider to the airline do I have cause for a compensation claim or would this come under the heading of extreme circumstances, or could they argue against the claim on the basis of it being outside of their control?

Grateful for any advice. The airline were helpful it I can't help but feel I should be compensated for the massive inconvenience.