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Compensation for delayed flights Discussion Area

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Comments

  • Johnster
    Johnster Posts: 22 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Personally, I would give them until this coming weekend to respond but your choice.

    If they respond, post back here with the details. If they do not respond then your next course of action would be to issue a county court small claim for the compensation owed.

    You might like to make a start on looking through the MoneyClaimOnline (MCOL) website and how this works in practice, including the fees payable at each stage (these are added to your claim and you would get these back when you are successful, or if Jet2 cave in beforehand).

    Cheers Centipede

    Will bide my time and do some more reading from your recommended site

    Thanks again for all the help

    John + family
  • We were delayed by 6 hours on a flight back from Tenerife to Manchester (via Monarch) and they sent me the "sorry about the delay" email but citing "technical problems - flat battery".

    Is this classed as an "extraordinary circumstance" which means I can't claim compensation?

    I can't find a definitive answer?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    No technical problem with plane means you can claim at the appropriate time (when ECJ ruling released) ..... suggest you read through this thread for the information you require.
  • Hi everyone,

    I’m after a bit of advice after encountering delays to both my outbound and return flights.
    We were due to fly on the 7/8/2012 on monarch airlines Manchester to Tenerife where we were subject to a five-hour delay. I cannot remember the reason though my wife who was with me at check-in said she recalls being told it was a 'technical' delay. We were given a £5 per voucher. The 'we' was myself, wife, twin daughters (age 12), mum, dad and eldest daughter (age 17) on a seperate booking. We took this delay in our stride and though it meant we lost half a day and couldn't get anything to eat or drink on arrival. I received an apology from monarch by email the next day.
    The return flight was subject to a 28'ish hour delay. We were due to depart at 13.30 on 21/8/2012 but did not leave until 16.30 on 22/8/2012. At the airport we (same party less my eldest daughter) were advised at check-in of a delay and given E6 (Euro) voucher each. After several hours waiting we were given another E6 before finally getting confirmation at around 22.30 that we would not be travelling that day. This delay was due to a 'technical' problem (confirmed by the pilot as 'small hole in one of the engines hydraulic pipes'). We were shipped out to a nearby hotel where accommodation, food and water was laid on. We left the hotel at 13.00 the next day.

    So the question is am I eligible for compensation for both journey's or just one?

    If so is it as simple as me copying the template letter with my own details and sending that off.

    Should I use my legal assistance service if (not checked yet) I have that with my home insurance cover?

    Lastly, is it still ok to claim other out of pocket expenses on my travel insurance?

    I would appreciate any advice as I’ve poured over this thread and various other websites for hours today.

    Many thanks in advance

    Phil
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    vics4life wrote: »

    So the question is am I eligible for compensation for both journey's or just one? Both

    If so is it as simple as me copying the template letter with my own details and sending that off. Yes see Centipede letter template

    Should I use my legal assistance service if (not checked yet) I have that with my home insurance cover? If you wish although I would do it yourself.

    Lastly, is it still ok to claim other out of pocket expenses on my travel insurance? Yes but your insurance policy should have time delay clause (if decent cover) + what expenses did you have?

    I would appreciate any advice as I’ve poured over this thread and various other websites for hours today.

    Many thanks in advance

    Phil

    Have placed my comments within the text of yours however I would have thought if you had 'poured over this thread' your questions had already been answered particularly by Centipede100.
  • bazaar_2
    bazaar_2 Posts: 147 Forumite
    So, we just received the normasl 'you aint getting nothing ' letter from thompson, heres the e-mail.:-
    Thanks for contacting us about your recent holiday to Mexico.

    Of course, holidays are always a special time, so it's a shame when things don't go to
    plan. I'm sorry you've had reason to contact us in any case, and I do hope that on the
    whole you had a great time away.

    I'm sorry to hear your flight out of the UK was delayed, for which you're claiming
    compensation under EU Regulation 261/2004. I can appreciate this was a frustrating start
    to your holiday.

    We don't believe that EU Regulation 261/2004 contains anything that requires us to make
    the payment that you're asking for.

    Just so you know, Article 7 'Right to compensation' states - "Where reference is made to
    this article, passengers shall receive compensation." Article 6 'Delay' does not have any
    reference to Article 7 'Right to compensation'; it only refers to Article 9 'Right to
    care'. The only reference in this Regulation to Article 7 is in Articles 4 & 5 - 'Denied
    Boarding' and 'Cancellation'.

    You've also made reference to the European Court of Justice ruling of a few years back. We
    do not support the decision of the European Court of Justice as it conflicts with superior
    decisions already made. The ruling is vague and possibly makes the whole of the EU
    Regulations invalid. We do not recognise that the law requires compensation to be paid in
    the event of a delay. However, we will offer all assistance to the appropriate EU and
    national enforcement bodies to clarify this matter.

    In light of all this, I'm unable to fulfil your request for compensation. Any claims for
    flight delays must be made to your chosen travel insurance provider.

    Finally, I'd like to thank you for taking the time to write to us and to reassure you
    where we can we'll be acting on the points you've raised. I do hope that despite your
    experience this time you'll join us again soon for another memorable Thomson Airways
    flight.

    Yours sincerely,

    Lee Dasilva
    Customer Support Advisor

    Ive just sent this to ABTA now, to see what happens next, anyone have any ideas.?
    After Travel Customer Support
  • bazaar_2
    bazaar_2 Posts: 147 Forumite
    Update,
    ABTA cant do anything yet as I have to wait 28 days again since my second letter, Damn frustrating
  • Hi Centipede100
    I am sorry but sent you a couple of private messages as wasnt sure what to do.
    TopCat1
  • Thanks so much Centipede100 I PM'd you by mistake as couldnt figure out how to reply to the messages but am ok now. Do I also send reciepts for the hotel we booked and add something about our personal experience regarding this or should I leave it more as is?
    I have legel cover on my house insurance should I run it by them first or do you recommend trying on my own first?
    I know you have answered similar questions already and must be getting fed up but I am just double checking as I have never done anything like this before.
    Many many thanks for all your responses and help in this matter
    TopCat1
  • Johnster
    Johnster Posts: 22 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Johnster wrote: »
    Cheers Centipede

    Will bide my time and do some more reading from your recommended site

    Thanks again for all the help

    John + family

    Well it's almost three weeks now and absolutely zilch from Jet2. I would phone them to give them a chance to sort it out now but at 60p a minute I'm not keen on doing that. Been on MCOL and it will cost £340 to start the ball rolling.

    Guess it's time to hit the Activate Rumpole button :rotfl:

    Cheers

    John
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