Compensation for delayed flights Discussion Area

dino25

John, our flight was delayed 2nd July Belfast-Mahon. I initially sent a letter to Jet2, and like you got no response.
I resent the letter, this time by recorded delivery, after reading further advice on the forums, and I received a reponse 2 weeks later.
I received a further letter on Thursday of last week stating that they are aware that they have now exceeded their target of 28 days to get resolution, but please bear with them.
I guess they are hanging off until the outcome of the case this Autumn.

Hope this helps.
Colm.

Johnster

Well I've just failed the claim via the HM Govt online site

Had read the fee wrong as it's £80 not £340. Guess I think I'm entitled to £15,000 instead of the £1556 !!

delvey

Johnster wrote: »

Well I've just failed the claim via the HM Govt online site

Had read the fee wrong as it's £80 not £340. Guess I think I'm entitled to £15,000 instead of the £1556 !!

Hi, I would also report them to the CAA. They may chase this up for you

KrisB

Many thanks for the help from people in this thread already. I have logged a compensation claim with Monarch for the delay of our flight. Their response was predictably that they are not going to pay any compensation yet and that they have logged my letter and I can contact them again once the Sturgeon ruling is complete.

However, they also provided me with 2x £75 flight vouchers redeemable against Monarch flights. I am obviously happy to accept these in addition to continuing with my pursuit of compensation but not as a replacement for compensation (which will be significantly more than this). I am worried that if I use these then Monarch will claim in the future that they have already settled this dispute. Should I decline them?

pez79

Got in 1st September after a 24 hour delay with small planet, I will be persuing something when I am feeling less tired.... and will post all the details later. It would be interesting to see how people get on and will share any info on getting money back for such awful experiences when I get it!

dogbiscuits

I recently claimed comp. from Monarch for a +5hour delay from Alicante to Gatwick under regulation EC 261/2004 as advised by this website. According to monarch this reg. does not allow for compensation. Their response follows....

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 BocklLepuschitz 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 basis as if the airline had deliberately cancelled the flight. Given that technical problems with
aircraft 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 TUIIBNEasyjet and lATA made an application in the High Court for a judicial review of the above ECJ ruling, the CM being named as defendant. The High Court considered the application on 9.8.10.. Following this all further proceedings are now stayed pending delivery of the ECJ's ruling. The ECJ normally takes 18-24 months to deliver rulings. Pending such ruling all airlines, including Monarch, are refusing to
pay claims for compensation for delay which rely on the Sturgeon/Bock cases mentioned above.
The Civil Aviation Authority has advised that they believe this ruling will be made by the end of September 2012. Your letter will be kept on our database and once a decision has been received from the ECJ, you may contact us again.

theboots

dogbiscuits wrote: »

The Civil Aviation Authority has advised that they believe this ruling will be made by the end of September 2012. Your letter will be kept on our database and once a decision has been received from the ECJ, you may contact us again.

If I were you I'd await the ruling of the court, that's certainly what I am doing. If as expected it is in favour of the consumer then you can try again and failing a satisfactory response take legal action. I'd advise you read at least the last few pages in this thread and particularly those from Centipede100 for some guidance.

YourLocalGP

I wonder if any airlines are adopting a policy of giving out more generous non-statutory compensation in the hope that it will deter some people from claiming, either through a relief to have been offered something and this sweeten their attitude towards the carrier, or through a lack of understanding about the true potential compensation. Given how much I had to push BA to even tell me about the existence of the compensation scheme, this wouldn't surprise me.

My favourite part of this ruling so far is that the ECJ have used the IATA-supplied statistics on delayed and cancelled flights to knock down the airlines' claims that they will be severely affected financially by the payouts. Of course, the airlines know (and have alluded to the fact) that the true number of potential claimants is much higher, as those statistics are made to look good!

carlo_koko

Hello there.
Still shocked,ask my self how the Airlines/easyjet in this case.Can get away with it?
We did have stretched 1h delay to 5:30hrs.From LGW to Barcelona.
Got an apology e mail from the airline/that cheap!
I looked all insurances ,for the future,they all cover no less than12hrs delays.
Any suggestions apprecaited.
koko

Johnster

Centipede100 wrote: »

If Johnster has pressed the button on the MCOL route, it will be resolved long before the CAA respond. Remember, the only person who can resolve this is the claimant (along with any legally-appointed representatives).

Hi Centipede

Have received confirmation from the Courts Service that our claim was considered deemed to be served on 4th September. Have come home today to a letter saying that Jet2 intend to defend all of this claim.

What do I need to keep track of now? The fee for filing the claim was included by the Court Service in the damages but I will incur costs in travelling down to Northampton (as it was filed in the Northampton County Court) for any court appearance, plus time off work and ditto for any members of our party. Do I need to calculate what these costs are?

Should I be checking our vehicle and household insurances to see if we can get any help for the Legal Support services that are included?

Looks like I'm/we're in for the long haul with Jet2 :mad:

Thanks for the help thus far BTW

John & Co