Compensation for delayed flights Discussion Area

richardw

Louisdf wrote: »

Yes but its thanks to these vultures that demand 400euros per person for a 5 hour delay (so effectively a free holiday courtesy of Easyjet/Ryanair) that prices have gone up. I don't want to subsidise other peoples greed.

Compensation monies and resisting compensation claims costs comes out of airlines profits.

Louisdf

Centipede100 wrote: »

If your train broke down and you arrived late for a meeting/wedding/cruise sailing you are entitled to compensation, same as with airlines.

You can claim 1/2 the cost of your rail ticket, not 400 euros which can be up to TEN TIMES the cost of a short-haul return ticket!

richardw

Louisdf wrote: »

You can claim 1/2 the cost of your rail ticket, not 400 euros which can be up to TEN TIMES the cost of a short-haul return ticket!

Where are you getting 400 euros from?

golfovividor

Hi fellow moneysavers,

The 2nd of June I was flying with Monarch from Gatwick to Alicante. The flight was scheduled to depart at 15:25h but ended up taking off at around 20:00h. I sent the standard letter to Monarch mentioning the Regulation 261/2004, and today I received the following letter from them:

Thank you for your letter regarding your recent flight with Monarch.

I am sorry for the delay you experienced whilst travelling. I do understand how disruptive such delays can be.

In response to your request for compensation, I should advise you that Regulation EC 261/2004 ('The Regulation') effective from 17.2.05 contains absolutely no provision requiring an airline to pay compensation to its customers in a delay situation, whatever the cause and duration.

Your claim for compensation arising out of delay to your Monarch flight therefore relies on the 19.11.09 ruling of the European Court of Justice (ECJ) Fourth Chamber in the conjoined cases of Sturgeon v Condor (C-402/07) and Bock/Lipuschitz v Air France (C-432/07) in which, despite there being no such provision in the Regulation, the ECJ ruled that compensation for delay is payable on the same scale as if the airline had deliberately cancelled the flight. Given that delays are completely unpredictable as to when and where they occur, and as to the complexity of the fault to be rectified, this ECJ ruling is of major concern to airlines worldwide.

Accordingly, on 11.6.10, under reference CO-6569/2010, a consortium comprised of TUI/BA/Easyjet and IATA made an application in the High Court for a judicial review of the above ECJ ruling, the CAA being named as defendant but not opposing the application. The purpose of the application is to persuade the High Court to refer the question of compensation for delay back to the ECJ for a definitive ruling.

I can confirm that the High Court have now heard this review and they have ruled that claims brought by passengers for compensation for delayed flights under EC Regulation 261/2004 are suspended are will not be heard, until the issue has been revisited by the ECJ.

Pending receipt of the ECJ's decision, all airlines, including Monarch, are refusing to pay claims for compensation for delay in situations which rely on the ECJ's ruling in the Sturgeon/Bock cases mentioned above. Accordingly, I am afraid that I must refuse your request for compensation and I can only apologise that I have been unable to resolve this matter to your satisfaction.

So, what to do next? Wait for the definitive ruling from the ECJ? Will I be able to claim again in autumn if the ruling is in favour of the passengers?

Thanks in advance

grayme-m

scouseblondie wrote: »

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.

....



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 !

I'm not convinced about flight-delayed.co.uk, that compensation tracker said that I too was entitled to £480 per passenger on my flight (as posted earlier).

However, it just seems to calculate the distance between two airports and ask if you were delayed over three hours then works out how much that is; I'd get £200 for a BA flight today between Luton and Newcastle,,,

chickennugget

Centipede100 wrote: »

You are already in a legal process which will cost you to proceed further, in the same way that the ESCC will cost you to proceed too.

Why would you wait for the judgement in the Sturgeon challenge when the Irish courts are not subject to the same stay as is the case in Eng/Wales.

Why not proceed with the next part of the process which will doubtless be a hearing. That way you will get to see the airline's defence/technical logs etc in order to further your claim.

Many thanks for your views. I will go to the hearing stage - as you say, at least then I will get to hear more about Ryanair's "extraordinary circumstances".

I have also sent letters of complaint yesterday about Ryanair's behaviour to the European Consumer Centre in both Dublin and the UK, and filled in and sent of the EU Complaint Form to the "National Enforcement Body of the member state where the incident took place" i.e. Italy (the office is in Rome).

Skat2605

Hi MoneySaving Expert I need your advice

I've just got a reply back from Thomas Cook about a complaint I lodged after a 7 hour delay on the way to a family holiday in Cuba on the 20th May this year.

The basics are that we (2 adults, 1 child) were delayed for 7 hours at manchester airport. We were given the standard £6 food vouchers, eventually as we were only given £3 each at the time of booking in, for food/drinks and left to wait. I won't go in to the rest of the complaint but the plane was apparently late due to a delay on the previous return flight from Cancun, this was for an initial 5 hours but then developed a technical fault while at Manchester resulting in a further 2 hour delay. At this point it was discussed that Thomas Cook were considering flying up a replacement plane from Gatwick to get us to our destination. This turned out to be unnecessary as the further delay did turn out to be for 2 hours as we were informed.

In the letter I have received, after i stated I would like to claim under EU-Regulation 261/2004 the €600 as stated, they said that all claims had been suspended and as such they were sorry but they "must refuse your request for compensation". My understanding was that similarly to the banking claims that are ongoing currently that all claims would indeed be put on hold and don't refused. Is that correct? Where do I go from here as I don't feel that the reasons for delay were due to "unforeseen circumstances" due to someone being in the position to obtain another plane for us from Gatwick if needed?

Thanks
Simon

richardw

Simon, search this thread for 'Sturgeon' for more info.

delvey

Louisdf wrote: »

You can claim 1/2 the cost of your rail ticket, not 400 euros which can be up to TEN TIMES the cost of a short-haul return ticket!

Louisdf, how do you feel that, if you miss check in by 1 minute, you cannot fly?

Now would you say this is fair? Probably no, but it states clearly in there terms and conditions about check in times

But what happens if the airline cannot fly you through a fault of there own, and sticks you in an airport for 12 hours over night with no food, no drink and absolutely no information? Do you think this is fair?

I would say no, so if an airline can bump you off a flight for being 1 minute late, why should me,you or johny smith not be entitled for being delayed for 12 hours

Conel

Hi everyone,

Sorry it has taken so long to update you. So I wrote a letter and received this e-mail in response:

How do I respond to this?? I am fuming as I know they are lying!

11th July 2012

Dear Conel

I am sorry to learn of your disappointing experience during your flight from London Gatwick on 11th June 2012. We do everything we can to provide a punctual and reliable service. Unfortunately, there are sometimes occasions when we cannot operate our flights as scheduled due to circumstances beyond our control, such as during adverse weather conditions, which is what happened in your case.

Situations such as these are considered ‘extraordinary circumstances’ under our Terms and Conditions, as well as under European Union laws, which means it was outside our reasonable control. For this reason, I am sorry that I will not be able to offer you any compensation. For more details on this, please refer to the link below:

http://easyjet.custhelp.com/app/answers/detail/a_id/5155

Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I understand how frustrating it must have been for you.

Regards,

Nitin
easyJet Customer Services