Compensation for delayed flights Discussion Area

edtheduck_2

Centipede100 wrote: »

Depends what else you specified would happen or you would do if they didn't respond positively within the period you stated.

I would tee up a Letter before Action and await Tuesday's judgement before sending this with 7 days to settle or you will issue legal proceedings.

Thanks, for that - will do. Here's what I sent them,


Customer Relations

Thomas Cook Group

2-4 Godwin Street

Bradford

BD12ST



Dear Sir /Madam

Delayed Flight Compensation under Reg. 261/2004
Flight number:TCX xxxx
Date:19/9/12 scheduled departure, 20/9/12 actual departure
Booking Ref:xxxxxx
Passenger names:
Amount claimed: [FONT=Times New Roman, serif]€[/FONT]600euros per passenger (equivalent to £500 each in sterling)
Reimbursement of expenses: £ 12.58
Total Payment Required : £ xxxx


I am writing to you to lodge my claim for delayed flight compensation and additional expenses subsequently incurred. Our flight (detailed above) was delayed leaving Belfast, was turned around and landed in Manchester, eventually arriving in Cyprus some 20 hours after the scheduled arrival time.

All passengers were at the airport on time and were presented for checking-in at or before the time specified in your terms and conditions.

The flight was delayed by almost 20 hours and eventually departed at 09.35 on 20th September from Manchester. This caused considerable inconvenience to all passengers and caused me to incur expenses in relation to food and drink. I was informed at the time that the delay was caused by the aircraft maintenance staff being 'unable to get a pin out from under the pilots windscreen, and the heater/demister was not working properly'.

We received a letter, once in resort (enclosed) stating that the flight was delayed overnight due to 'an operationally significant defect with the aircraft.' If you maintain that the flight delay/cancellation falls within the “exceptional circumstances” exception, I direct you to the case of Wallentin-Hermann v. Alitalia (C-549/07) which states that it is the responsibility of the airline to prove the “exceptional circumstances”. I put you to strict proof on this issue and I require you to provide me with copies of documentation and witness statements to evidence this.

I believe that under the Regulation I am entitled to full reimbursement of all reasonable food expenses which I incurred during the period of delay and compensation. All other passengers named above are likewise entitled. I therefore require payment of the following:

Reimbursement of expenses £ 12.58 (receipts enclosed)
Compensation [FONT=Times New Roman, serif]€[/FONT][FONT=Times New Roman, serif]1200[/FONT]
Total Payment Required £ xxxx

In accordance with the Regulation I require this amount to be paid in cash, by cheque, or by electronic bank transfer.

I look forward to receiving your response within 14 working days.

Yours faithfully
xxx and xxx

Montrealer

Centipede100 wrote: »

There is a further option if you are not domiciled within the EU and that is the European Small Claims Procedure for claims up to 2000 euros:

I don't know a great deal about this but it looks reasonably straightforward to issue a claim, process, judge and enforce (well as easy as any small claims procedure...!).

I still have to check it in detail, but on first sight this looks pretty promising. Thanks a lot!

edtheduck_2

Thanks but you had said that the amount we could claim was 600 euros in your original reply. We were scheduled to leave from Belfast and it was not our fault that we ended up eventually departing from Manchester, so surely the 600 euros stands?
I think theres a possibility that we could almost call it a cancellation, don't you?
I mean the flight was significantly changed, ie scheduled to depart from Belfast, but turned around and eventually leaves from Manchester.
What do you think? If it could fall into the cancellation category, would we be in a better position claim-wise?
Thanks

Keldin

I lodged a claim with AA for my 9 hour delayed flight LHR to ORD and have now received the following from them via email. It's long but I thought I'd post the whole thing in case anyone else is claiming from them and is interested. In a nutshell they're saying claims in UK are on hold pending the results on the 23rd (although they don't mention it is that soon obviously) and have offered me $600 off a flight.

Thank you for contacting American Airlines Customer Relations.

I'm sorry your flight didn't operate as scheduled when you traveled with us. I know you were inconvenienced. Without question, we did not provide the level of service you expected.

We wish we could guarantee that planes would always depart and arrive on time. Regrettably, we can't but what we can and should do is make every attempt to minimize the inconvenience for our customers whenever our flights are delayed or cancelled. I am sorry that we didn't do a better job of overcoming the challenges we faced that day in order to make your experience a little less trying.

While on-time performance is a top priority at American Airlines, the many variables of flight operations make it impossible for us to guarantee our schedules.　 Nevertheless, we should always do everything possible to make such situations a little less frustrating and I'm disappointed that we didn't do so on this particular occasion.

As you have correctly identified, European Union Regulation (EC) No. 261/2004 of the European Parliament and Council has established common rules on compensation and assistance to passengers in the event of cancellations or long delays of flights. Under this regulation, passengers are entitled to established levels of compensation, depending on the length of the delay.

On 11 June 2010, TUI Travel, British Airways, EasyJet and IATA commenced proceedings against the UK Civil Aviation Authority challenging the Civil Aviation Authority's decision to implement a ruling - previously passed by the European Court of Justice on 19 Nov 2009 in the joint cases C-402/07 and C-432/07, Sturgeon v Condor and Böck v Air France - that required airlines to pay compensation under EC Regulation 261/2004 to passengers whose flights are delayed for three hours or more.

On 10 Aug 2010, the English High Court, pursuant to Article 267 of the Treaty on the Functioning of the European Union, referred the case of TUI Travel, British Airways, EasyJet and IATA v UK Civil Aviation Authority to the European Court of Justice and ordered that all proceedings related to claims under EC Regulation 261/2004 concerning compensation for delayed flights are to be stayed until after the European Court of Justice has given its ruling on the matter or until further order of the English High Court.

While the European Court of Justice is currently considering legal submissions that compensation should not be paid in instances of delays, and pending its decision on the matter, we are at present not compelled to pay compensation under EC Regulation 261/2004 for delayed flights.

Should you have any further queries pertaining to this regulation as it relates to your experience, the contact details for the Enforcement Body in Europe, are as follows: tren-aprights@cec.eu.int

Nonetheless, as your continued business means a great deal to us and I would like to be sure that we get another chance to provide you with the kind of trip you should expect when flying with American Airlines.With that in mind, I have sent a transportation voucher, under separate cover, to the address provided in your email. It is valued at 600USD.　

The voucher may be used toward the purchase of a ticket for future travel on American Airlines, American Eagle or any of the airlines in our One world® alliance, provided American Airlines is the international carrier (international flights are defined as transatlantic, transpacific and flights to and from South America).　 The redemption of the voucher and subsequent ticketing must be handled by American Airlines' personnel or an authorized agent. The voucher is valid for 12 months from the date of issue. If you have any additional questions, please contact your local American Airlines Reservations office. Please allow the voucher six weeks for the voucher to arrive at your destination.

Mr. XXXXX, while I recognise that you and your companions were inconvenienced, I hope that this experience will not deter you from travelling with American Airlines in the future. It would be our privilege to serve you all again soon.

K

Keldin

Centipede100 wrote: »

Standard template response from AA which I have seen a coupl e of times previously.

They state that they are sending you a voucher for 600USD under separate cover.

You have 2 or 3 choices now. You can accept the voucher and move on and do nothing more. Or you can reject the voucher and persist with your claim for the full 600 euros in cash. You could also ask whether this is a goodwill gesture in addition to any further right to compensation if you are feeling lucky or just want to create mischief!

I noticed they don't mention it is as final compensation for my claim although they may have something like that in the letter they send with it.
It's obviously less that 600 Euros and more restrictive than cash. Plus it is only for AA flights booked through them within 12 months which restricts me even more. So I'm tempted to wait until the 23rd and send them a response saying thank you for the offer but the judgment is in so you owe me 600 euros in crisp new bills and can I keep the $600 discount voucher as well (or something like that)

Thanks again
K

BristolBob

Keldin wrote: »

So I'm tempted to wait until the 23rd and send them a response saying thank you for the offer but the judgment is in so you owe me 600 euros in crisp new bills and can I keep the $600 discount voucher as well (or something like that)
Thanks again
K

I wouldn't mention the $600. If they don't mention it before they issue you the Euro compensation, I would treat it as a "good will" payment, distinct from the compensation (which they will be required by law to issue).

delvey

Centipede100 wrote: »

The ECJ has today upheld its previous ruling granting compensation to passengers whose flights are delayed by 3 hours or more and the reasons for which are not due to "extraordinary circumstances".

No surprises really as this decision had long been predicted.

Link to full judgement when available.

Thanks centipede100
Would like to add your knowledge in regards to this is excellent and a credit to the forum. Looking forward to the full details

theboots

So my last communication from SIA in December was

SIA wrote:

[FONT=&quot]Thank you for your email dated 28 December 2011.

Please allow me to clarify that we are not pursuing the defence of extraordinary circumstances. I apologise if my original statement led you to believe this.

We have consulted with our legal advisers on this matter and have been advised that as all cases in UK have been stayed by the English courts, pending the judicial review of the Sturgeon by the EU courts, we will not be paying compensation for delay cases. Until a new judgement is made, Singapore Airlines is presently unable to consider any claims under the Sturgen ruling.

Please allow me to reiterate that the situation was dealt with in the best possible manner given the circumstances and information available at the time and we did take all reasonable measures to minimize disruption to our passengers. At the earliest possible opportunity, we notified passengers themselves and when possible, made adjustments to their travel plans. For bookings made through travel agents, we notified travel agents and it was then the agents' responsibility to inform the passengers about the delay and, where possible make adjustment to passenger’s travel plans.

We provided full duty of care outlined in EC Reg 261 /2004 to all passengers, which we already specified in our correspondence dated 06 December 2011. [/FONT]

[FONT=&quot]

This was following a 12 hour approx. delay. I suspect my first point should be to respond along the lines of the judgement's in and you've already discarded extraordinary circumstances so I look forward to the cheque by return before contacting my legal expenses insurance?

TIA
[/FONT]

111KAB

Centipede (in particular) - thank you for your up-date on the ruling. My intention is to write to Monarch again today (26 hour delay ~ technical problem with a/c) giving them 7 days notice. I doubt they will reply within the 7 days so I will use money claim on-line (250€ x 2) however do I seek interest payment from the day of the delay or from the time of submission of the claim? In addition should I seek 250€ or a sterling equivalent? Finally we were not afforded all the requirements under reg 261/2004 however is it just going to complicate things if I ask for 'extra' to cover meals/phone calls - I still have receipts?

edtheduck_2

Hi Centipede thanks for the info and advice along the way. Is the next step to send off my letter before action, (on the basis that the judgement is in) giving xx days to respond?
How many days is reasonable to give them to send payment?

What interest rate should I calculate from day of delay (19th Sept.) and do I say what it is i.e. a specified figure, up until the day I send the letter in, or do I say 'interest to be calculated' based on the date they pay me? and give them the % rate. Thanks