Compensation for delayed flights Discussion Area

IrishGypsy

Voyager2002 wrote: »

When there is a very long delay (more than five hours), some people decide to cancel their entire journey. In this case they have a right to a full refund of the complete price of their tickets. If your parents did eventually travel, the refund option does not apply.

Depending upon the nature of the technical fault, your parents may be entitled to compensation for the delay.

Ah ok, thanks for the clarification on that aspect. So I assume then that I'll need to wait on this verdict due on the 23rd before making the claim? If I paid on my CC, do I need separate 'insurance' for using them to make the claim?

Mark2spark

Centipede100 wrote: »

Only 1 correction. Your compensation is 250 euros per passenger not 400 Euros.

Other than that it's good to go. Once you have a response (if any) from the airline you will need to decide how you wish to proceed. Check out post #1922 upthread for guidance.

Thank you for your reply. I used the distance table on the delays/compo thread:

http://www.moneysavingexpert.com/travel/flight-delays

which stated that London to Barcelona was up to 1500 kM, Mallorca being a bit further I went to the next table of distance.
I decided to leave the figure at €400 figuring that I might at least get a reply disputing €400 as the claim, ie 'no it should be €250'.
No reply as yet

IrishGypsy

Centipede100 wrote: »

It is not a straightforward letter-writing exercise to claim delay compensation.

Yea, I read that in a previous post, so I reckon I'll chalk this up to experience. Thanks for the input, appreciated. :beer:

thalia22

I shall depict the events of my air travel below as briefly as possible.

We had two flight tickets for Iberian Airlines flights from Sao Paulo Brazil to London Heathrow via Madrid, due for departure initially from Sao Paulo @ 5.50pm flight number IB6824 on the 12/12/2010 due to arrive at Madrid @ 6.50am 13/12/2010.
The Madrid to London Heathrow (LHR), flight No: IB3162 was scheduled to depart on the 13/12/2010 and arrive LHR @ 10.05am UK time.

We arrived at Sao Paulo Airport for check in @ 12.45 (Brazil time) on the 12/12/2010. The scheduled flight IB6824 was being depicted and confirmed at gate 12. After about 3 hours (15.35), the departure board changed depicting a 3 hour delay to 21.15pm. Which changed again to 23.15pm, making a delay of 5 hours 20 minutes? We eventually boarded the plane @ 11.55pm (Brazil time), some 6 hours behind the schedule departure time. During this 6 hour time period Iberia failed to inform us of what was happening, and failed to supply any of the assistance as defined and complying under the Montreal Convention articles 9 & 22 of 2001/539/EC.This meant we would miss our onward flight from Madrid Flight No IB3162, due for departure @ 8.45am (Madrid time) 13/12/2010.

We arrived at Madrid 10.5 hours latter @ 1.25pm (Madrid time) on the 13/12/2010. After much hassle we eventually got issued tickets for the Madrid to LHR flight No IB3172, scheduled for departure @ 3.15pm (Madrid time). This flight was late departing @ 4.0pm, arriving LHR @ 6.0pm GMT, which overall was 7 hours 55 minutes late from the original scheduled arrival time.

I was then in Contact with the Cruise line that booked the flights, the Air Users Council (AUC), the Civil Aviation Authority (CAA), where it was depicted that we were entitled under article 16 of the EC Regulation 261/2004 & article 7 & 8 of 261/2004, entitled to compensation each of 600 Euros, for delays more than 4 hours, and length of flight more than 3500km, which was the case as defined by the AUC & CAA.

I searched the internet to find a Dutch firm that prepares all the legal documentation for a claim @ a cost of £22.50. This included Letters to the AUC/CAA, and the claim form to issue to Iberia which was issued on the 6/1/2011.

Iberia consistently denied liability, refused to answer the specific questions in relation to the reasons for the delay, and consistently failed to acknowledge receipt of correspondence. Contact was made with my MEP Andrew Duff, who pursued the matter with Iberia. The CAA had made contact with the Spanish Air regulator the AESA Minsterio De Formento, who after their full investigation confirmed on the 19/10/2011 (ref:007097-11), that they upheld my claim for compensation, rejected the carriers attempted get out clause of Extraordinary circumstances, and clearly stated the Carrier (Iberia) should pay compensation of 600 euros each.

Much protracted correspondence took place with Iberia failing to respond. As I could not issue small Claims proceedings via the UK Courts due to the ongoing ECJ court case C-629/10 between the CAA, TUI Travel and others. The Opinion of Advocate General Bot delivered on the 15/5/2012, upholds my claim. The final Opinion of the Advocate General should hopefully be ratified by the ECJ on the 23/10/2012. If it is I will give one final letter with a 28 day period, to pay me 1200 Euros plus my ongoing expenses. If they fail to respond or pay me, I will issue county court proceedings. I have already all the documentation, and pre-prepared a very large documented case file for the Court, to be issued against Iberia Airline.

I shall keep this forum advised as to the ongoing outcome. I cannot see How Iberia can now attempt to claim extrordinary circumstances when the AESA Spanish regulator, has obtained the information from them, and rejected their claim as exceptional circumstances, and stated categorically that they should pay us 600 euros each. Clearly I forwarded a whole case file to Iberia London, and Spain last year, but they have ignored them, along with copies of the ASEA findings. It has been a long protracted case, but I could not issue legal proceeding after the AESA's final report, as the UK courts blocked further cases as per C-629/10. I have previous experiences of issuing proceedings via the County court, and I will fight this to the end, it will cost me £80 to issue followed by £90 should we go to Court, which I hope we do as the ongoing daily interest is circa £145+ with the court fees, the claim 1200 Euros circa £954, plus my out of pocket expenses. So why do they try to get out of paying when it would cost them less to setle now ?

Distances re compensation:-
Sao Paulo – Madrid 8359 Km or 5,194 miles
Madrid – London Heathrow 1255 Km or 780 miles
Total travel distance 9614 Km or 5,974 miles
AUC state more than 3500 Km, hence within parameters for claim.

thalia22

Thanks Centipeade,
I had pre formed my final letter to Iberia, but I will now tweak it to issue it now, so I can issue a County Court Claim as soon as it has been confirmed after the 23rd of October by the ECJ.
Thanks Thalia22:beer:

Reue

Hi guys, hoping someone can offer advice as to whether I would be entitled to any compensation:

Flight from Florida to London was delayed by over 15hours due to "pilot sickness".

Am I entitled to compensation or do you think they would be exempt as it was unforeseen that the pilot would get ill?

Thanks!

Caz3121

Reue wrote: »

Hi guys, hoping someone can offer advice as to whether I would be entitled to any compensation:

Flight from Florida to London was delayed by over 15hours due to "pilot sickness".

Am I entitled to compensation or do you think they would be exempt as it was unforeseen that the pilot would get ill?

Thanks!

which airline?

Reue

Caz3121 wrote: »

which airline?

Thomson airline

richardw

Airlines should have back up 'reasonable measures' in place in case pilots get ill to avoid long delays/cancellations, nothing extraordinary about crew getting ill.

You'll also have to wait for what happens on Tuesday 23rd Oct.

Flylead_2

Hello to you all,
On the 10th of October 2012, our flight from Cancun to London Gatwick was delayed by some 6 hours. I was given a letter stating the delay was due to unavoidable operational circumstances. The flight from Gatwick, we were told was due to a engine fault (this was explained by the Captain on the return flight) so this had a knock on effect for the flight returning from Cancun. We were never informed of the delay in resort. We only learned of the delay from a fellow passenger once we checked out of our room. It seems some were informed, but many were not. I phoned Thomas Cook from the resort and was told to enjoy the facilities of our all inclusive resort, and would not be getting picked up some four hours before our 10pm return flight.
What can I do to proceed a claim for a delayed flight ?
Many Thanks.