Compensation for delayed flights Discussion Area

ExGliwice

Centipede100 wrote: »

I don't know how the Spanish system works so I'm going out on a limb here to suggest that, although AESA has found the airline to be responsible to pay you compensation, AESA itself is unable to enforce the airline to actually pay up. This is similar to the situation in the UK where the CAA considers that the passenger has a legitimate claim but cannot enforce this.

The only way IMO to enforce this 'judgement' by AESA would be to issue proceedings in the Spanish equivalent of the small claims court.

well, I think, I will wait then for RyanAir response first. Case complicates the fact, that I am based in Poland, outside of Spain (which was just a transfer airport), so suing them from Spain can be a problem for me.

delvey

Centipede100 wrote: »

4. Whilst it is a breach of your rights, it is not something for which you can claim any compensation. You could complain to the CAA who may take enforcement action against the airline if they receive evidence of persistent similar breaches but it would be a first!

This is true, the CAA will take note of this and, if they receive a number of complaints, will take action against the airline

crobar

Centipede100 wrote: »

You originally purchased a non-stop flight between GLA and Canada....

Hope this makes sense.

Thanks for the advice, I think I'll just take the flight. If there's another delay and I miss my flight I'll try and claim it back on my travel insurance.

Thanks again!

Sues48

Does the stay on legal proceedings apply to cancelled flights as well?

I have written a separate thread on our recent experience following cancellation of American Airlines flight to Chicago from Manchester on 30.6.12 and the subsequent rerouting the following day which resulted in us losing the first day of our holiday. So far American Airlines have failed to respond to either of the two emails we have sent them and I have a feeling that the only way we are going to get them to pay up is by taking them to court.

delvey

Centipede100 wrote: »

I have corrected that assertion for you!

The CAA have yet to take any enforcement action in terms of taking an airline to court for breach of the Regulation, even though they have the statutory powers to do so. If found guilty an airline can be liable to a fine of up to £5000 per offence.

This 'light touch' policy is likely to continue for the foreseeable future.

Thanks, and totally agree
The CAA should be more strict when it comes to airlines disobeying these rules

crobar

Hah! Earlier i posted on this forum about sunwings airline, and how my flight from Glasgow to Canada had been rescheduled. I have just arrivedd at the airport to be told that the fight is now delayed by 23 hours and 25 minutes from 12.25 on the 22nd July until the new time of 11.50 on 23rd july!

Now I assume this means I will be entitled to 600 euros compensation, is this correct? They have given me a letter stating the delay is due to 'technical reasons'. I will be missing my connection, and losing a nghts accomodation I've already paid for. Hopefully i can also claim some of this through my insurance as well as the 600 euros may not cover everything.

Does anyone have any further advice?

joerugby

crobar wrote: »

Hah! Earlier i posted on this forum about sunwings airline, and how my flight from Glasgow to Canada had been rescheduled. I have just arrivedd at the airport to be told that the fight is now delayed by 23 hours and 25 minutes from 12.25 on the 22nd July until the new time of 11.50 on 23rd july!

Now I assume this means I will be entitled to 600 euros compensation, is this correct? They have given me a letter stating the delay is due to 'technical reasons'. I will be missing my connection, and losing a nghts accomodation I've already paid for. Hopefully i can also claim some of this through my insurance as well as the 600 euros may not cover everything.

Does anyone have any further advice?

Firstly they should provide you with food, drinks and accomodation. Make sure you keep receipts for everything you pay for

delvey

crobar wrote: »

Hah! Earlier i posted on this forum about sunwings airline, and how my flight from Glasgow to Canada had been rescheduled. I have just arrivedd at the airport to be told that the fight is now delayed by 23 hours and 25 minutes from 12.25 on the 22nd July until the new time of 11.50 on 23rd july!

Now I assume this means I will be entitled to 600 euros compensation, is this correct? They have given me a letter stating the delay is due to 'technical reasons'. I will be missing my connection, and losing a nghts accomodation I've already paid for. Hopefully i can also claim some of this through my insurance as well as the 600 euros may not cover everything.

Does anyone have any further advice?

Is it a different flight number?
If so, then it is a cancellation and you can claim the compensation
If not, then it is delayed, and you will have to wait until the hearing in Autumn (expected to agree with passengers).
Keep checking this thread for updates

ExGliwice

Centipede100 wrote: »

I don't know how the Spanish system works so I'm going out on a limb here to suggest that, although AESA has found the airline to be responsible to pay you compensation, AESA itself is unable to enforce the airline to actually pay up. This is similar to the situation in the UK where the CAA considers that the passenger has a legitimate claim but cannot enforce this.

The only way IMO to enforce this 'judgement' by AESA would be to issue proceedings in the Spanish equivalent of the small claims court.

.

and indeed Ryanair reponded this way

I acknowledge receipt of your letter received in our office on the 20th of July 2012.

Ryanair are now in receipt of the AESA's recommendation for the above claim.

I regret that on this occasion, Ryanair cannot comply with the board's recommendation, as we believe that their decision is outside the scope of the EU Regulation 261/2004.

I basically do not understand why they taking 2Euro levy for EU261/2004, and do not follow arbitrary judgement way, which is noted in this regulation.

In the meantime, I found the following (sorry, I cannot post links, so copying whole text)
Submitting a claim to the Irish small claims court was quick and easy, using the information on the <cut> as a guide. Ryanair agreed to refund the cost of the replacement flight and expenses resulting from the delay within 1 week of submitting a small claim application. It does work!!

The source of the information about how to make a submission to the Irish small claims court is at Ryanair Compensation and the on-line application is here: Irish Small Claims Court Applications.


So what I plan, is to submit case to small court (in Ireland), question is, if being non-IE resident, I can do this? Anyone has such experiences?

delvey

ExGliwice wrote: »

and indeed Ryanair reponded this way

I acknowledge receipt of your letter received in our office on the 20th of July 2012.

Ryanair are now in receipt of the AESA's recommendation for the above claim.

I regret that on this occasion, Ryanair cannot comply with the board's recommendation, as we believe that their decision is outside the scope of the EU Regulation 261/2004.

I basically do not understand why they taking 2Euro levy for EU261/2004, and do not follow arbitrary judgement way, which is noted in this regulation.

In the meantime, I found the following (sorry, I cannot post links, so copying whole text)
Submitting a claim to the Irish small claims court was quick and easy, using the information on the <cut> as a guide. Ryanair agreed to refund the cost of the replacement flight and expenses resulting from the delay within 1 week of submitting a small claim application. It does work!!

The source of the information about how to make a submission to the Irish small claims court is at Ryanair Compensation and the on-line application is here: Irish Small Claims Court Applications.


So what I plan, is to submit case to small court (in Ireland), question is, if being non-IE resident, I can do this? Anyone has such experiences?

Airlines will try and get out of paying any money in anyway they can, especially Ryanair.
As for applying to the small claims court in Ireland, why not? It is part of there justice system, just as you can be arrested and charged in Ireland for an offence.
If you do file for the small claims court in Ireland, I think it would be possible to claim for any expenses as well you endure to get over to Ireland should you have to. I would also advise Ryanair that you shall be claiming for such expenses