Compensation for delayed flights Discussion Area

sai68

mad_rich wrote: »

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

Thanks for the help and I'll look that link up.

What I'm looking for is some form of compensation, i.e if it was an EU airline I could claim 600euros according to 261/2004, since there was 4 of us travelling that does add up.Plus I had to miss a day of work etc. The Americans practically invented claiming compensation so lets see how it turns out.

Thank you again and any further advice on claiming from a US airline would be appreciated.

mad_rich

sai68 wrote: »

What I'm looking for is some form of compensation, i.e if it was an EU airline I could claim 600euros according to 261/2004

But it's not, so you can't. It just leaves you looking at the €600 as some sort of target, which is unrealistic and inappropriate.

261/2004 is strange in that it awards large chunks of money 'no questions asked' to people who have suffered very little loss, while others can be left severely out of pocket because their circumstances don't fit the right category. You can't uphold it as some sort of paragon of virtue in a foreign land.

By all means pursue it, but don't expect much apart from a few miles.

aminn

Just thought I'd update those of you that may be interested in what happened since I wrote another letter and mentioned the Montreal Convention and discussions with solicitors in it.....they are looking into the matter. They haven't said no which they did in the first letter and they asked for boarding cards (I presume they thought we wouldn't have kept them but we did!ha!) as proof of what flight was boarded. We also wrote that we would email all letters to the CEO which we did and so now we look like we might get somewhere.

I'll let you know the final outcome.

dzug1

MikeeMOO wrote: »

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.

-Mikee-

The problem with that is that many large companies will pay up on cases where they aren't liable because it's cheaper than defending even where they would win. It doesn't really establish whether the defence is justified or not. OK for those who 'win' but not for establishing what the regulations really mean.

If too many people start doing it then you get something like the bank charges fiasco where it's still not established whether the charges are illegal or not.

smala01

Can anyone tell me what legal entity you contract with when booking a flight with Ryanair?

If someone has taken Rayanir to the small claims court could they please post this information?

Smala01

aminn

Update on delayed Air Canada flight- they have offered $200 cash per person or $500 towards a flight with them per person. They havent stated that there is an expiry date so we are thinking about taking the flights.....what do you think? Or should we still try for the compensation?

MikeeMOO

smala01 wrote: »

Can anyone tell me what legal entity you contract with when booking a flight with Ryanair?

If someone has taken Rayanir to the small claims court could they please post this information?

Smala01

Smala01,

You may find some information here:

http://www.ryanaircampaign.org/

-Mikee-

glenshane

Can anyone help me. Last Sunday I arrived at Luton airport to find that my EasyJet flight to Belfast had been cancelled. At the Easy Jet desk they assured me that I would be receiving 250 euros compensation, that I would be rerouted via Gatwick and that I could claim public transport fares from Luton to Gatwick.

When I eventually got home and tried to make the compensation claim, I was told that I wasn't entitled to compensation because the plane had been cancelled for technical reasons. They agreed to pay for my refreshments and part of my train fare to Gatwick. Are they playing straight with me? Surely the staff at the desk should not promise compensation if none is due? I did not even bring up the subject, it was them that stated I was entitled.

MikeeMOO

glenshane wrote: »

Can anyone help me. Last Sunday I arrived at Luton airport to find that my EasyJet flight to Belfast had been cancelled. At the Easy Jet desk they assured me that I would be receiving 250 euros compensation, that I would be rerouted via Gatwick and that I could claim public transport fares from Luton to Gatwick.

When I eventually got home and tried to make the compensation claim, I was told that I wasn't entitled to compensation because the plane had been cancelled for technical reasons. They agreed to pay for my refreshments and part of my train fare to Gatwick. Are they playing straight with me? Surely the staff at the desk should not promise compensation if none is due? I did not even bring up the subject, it was them that stated I was entitled.

No they are not playing straight with you. As you may have read in this thread, many airlines go to great lengths to avoid paying compensation. Unfortunately, passengers therefore have to go to great lengths to reclaim what is owed to them.

Most passengers eventually give up after writing letters and receiving the "extraordinary circumstances - no compensation payable" response. It actually doesn't take much effort to pursue this further through the Small Claims Court (all done online for a small fee), at which point airlines usually send a cheque in the post before the court date is set.

I would urge you to pursue your claim as a technical problem with the aircraft is not an extraordinary circumstance.

-Mikee-

disney_cjd

i have used EUClaim to get the money back from Virgin for our cancelled flights this June. I will let you know what happens