Compensation for delayed flights Discussion Area

Mark2spark

Hi, thanks for your continued input Centipede.
Am I reading things right though?
Brief history. Palma - Gatwick flight delay of more than 5 hours, less than 1500km. €250 pp claim being pursued.
But I seem to be reading that I can claim the €250 *AND* a refund of the flight fare?

bazaar_2

So, just recieved a letter from TUI dated 23 October ( Cheeky Beggars) Just a copy of the e-mail they sent me denying that the EU law does not apply and they dont recognise it. So Centipede 100, would you think I should issue claim now. I also want to stick it to ABTA for sticking up for them before the final ruling. Shoot me down if you want, but perusing the CAA template now

Mark2spark

I've fired off a new letter by email, they didn't reply to my first email, nor have they replied to the hard copy sent by Royal mail on the same day, just over two weeks ago.
Just copying the letter in case someone wants to pick the bones out of it/or use something for themselves.



26/10/12

Customer Relations

Monarch Airlines Ltd
Prospect House
Prospect Way
London Luton Airport
Luton
LU2 9NU

Dear Sirs,

RE: Delayed Flight Compensation


Flight number: ZB227
Departure date: 07/10/2012
Booking Ref: ******
Passenger names: My name & My wife's name
Amount claimed: €250 (Two Hundred and Fifty Euros per passenger)(Total €500)

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving Palma Mallorca and we arrived at London Gatwick some 5 hours & 20 minutes after the scheduled arrival time.

I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were not informed the reason for the flight delay until just after boarding, and the reason given was an administrative error by Monarch staff, which meant that the aircraft was not flown overnight from Cork, Eire, to London Gatwick for the flight ZB 226, scheduled departure of 08.10. The pilots had to take the extraordinary steps of a taxi ride to London Heathrow, to board an Aer Lingus flight to Cork, to collect the empty aircraft and fly it into London Gatwick. The knock on effect of this aircraft’s arrival delay was the reason for our departure and arrival delay.

There seems to be no valid defence of extraordinary circumstances to a compensation claim, however, should you be claiming any such defence I should be grateful if such details could be provided to me at your earliest convenience.

I look forward to hearing from you.

Yours Sincerely,

*My name & address here*

tellmah

Hi,
just a quick one this, we were delayed for about 2 1/2hrs on a Thomson flight from Manchester to Fueteventura, due to a problem with the original plane.

What narked me was the response from the ground staff at the airport, who fobbed people off for ages until i asked them why won't they make an announcement, instead of having individuals coming up continually, but that's another matter.

The reason i ask, is that coming back on the check-in desk it mentioned words to the effect that if your flight is delayed by over 2hrs, you may be entitled to claim compensation under some EU reg, but i'm struggling to find what the actual directive was.

Thanks.

Voyager2002

tellmah wrote: »

Hi,
just a quick one this, we were delayed for about 2 1/2hrs on a Thomson flight from Manchester to Fueteventura, due to a problem with the original plane.

What narked me was the response from the ground staff at the airport, who fobbed people off for ages until i asked them why won't they make an announcement, instead of having individuals coming up continually, but that's another matter.

The reason i ask, is that coming back on the check-in desk it mentioned words to the effect that if your flight is delayed by over 2hrs, you may be entitled to claim compensation under some EU reg, but i'm struggling to find what the actual directive was.

Thanks.

Read the article on the main MoneySavingExpert site: it is Directive EU/261

Alias_Omega

I'm flying soon with Austrian Airlines, where i have a short connection with the same airline.

If for some reason, the first flight is delayed and i miss the second flight. What am i entitled to?

If for some reason, the second flight is delayed and i arrive at my destination past midnight where there may not be any transport. What am i entitled to?

nigelpm

tellmah wrote: »

Hi,
just a quick one this, we were delayed for about 2 1/2hrs on a Thomson flight from Manchester to Fueteventura, due to a problem with the original plane.

What narked me was the response from the ground staff at the airport, who fobbed people off for ages until i asked them why won't they make an announcement, instead of having individuals coming up continually, but that's another matter.

The reason i ask, is that coming back on the check-in desk it mentioned words to the effect that if your flight is delayed by over 2hrs, you may be entitled to claim compensation under some EU reg, but i'm struggling to find what the actual directive was.

Thanks.

ha ha. Glad to hear they haven't improved whatsoever since our delay with them back in 2010.

Here's my letter sent to them yesterday:

I doubt they'll reply - will be taking them to court if not.

After Travel Customer Support,
Thomson Holidays,
Wigmore House,
Wigmore Lane,
Luton,
LU2 9TN

25th October 2012

Dear Sir/Madam,
Compensation claim for delayed flight
I am writing regarding flight [x]on [x] 2010 from Verona, Italy to Gatwick, UK with the scheduled departure time of 17:45. My booking reference was [x]. This flight arrived 4 hours and 45 minutes late at Gatwick Airport,UK.
The passengers in the party were [x].

As you will be well aware, the judgment of the Court of Justice of the European Union in Tui & others v CAA on 23rd October 2012 confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was c.1,045km, therefore I am seeking €250 per delayed passenger in my party. The total compensation sought is €500. I look forward to hearing from you and would welcome a response in 14 days.

It was confirmed at the time that the delay was caused by a component on the plane’s wing needing to be replaced and as such this does NOT constitute exceptional circumstances.
Also, as noted at the time (per attached correspondence) Thomson did not provide passengers with snacks or light refreshments which aren’t in line with Thomson’s own guidelines.

I have included with this letter my email sent to customer services shortly after this flight back in May 2010 and the lack of any response to it.

Yours sincerely
Mr x

nigelpm

Centipede100 wrote: »

Whilst writing to this address may elicit the response you expect, you should be aware that this type of letter and any Notice before Action should normally be sent to the airline's registered offices, which are not necessarily the same (at least in this case).

Thanks. Will ensure any court notice goes to the head office.

tellmah

Thanks for your comments and help guys, i thought it would be a non starter.

bigmc1_9

bigmc1_9 wrote: »

Posted this on different part of forum but feel free to help please -

Hi,

Myself and My wife were due to return from Mexico on Monday July 30th after our honeymoon. The flight was due to depart at 15.25 and we boarded at 14.35.

We were all on board the flight and ready to depart when the pilot said the engineer needed to change a computer due to some regulations and we will still depart on time. 2 hours later we were still aboard the plane and the pilot eventually announced we would go back to the terminal to wait due to a problem with the change over.

Despite requesting numerous times at the terminal. i was refused water by thomas cook staff because they didnt know when the flight would be ready to take off. I had spent the last of my mexican money before we went on board after seeing the flight was to depart on time so i could not even by myself a bottle of water.

At 20.00 it was announced the flight was cancelled for the evening due to the problem they had putting in this new computer and we would all be sent to a ai hotel for the night. i asked for water again and was told this was not possible.

We did not arrive at the hotel until 11pm that night. After getting soemthing to eat, We went to the room and discovered the room was in a section of the hotel closed off due to building works. the room itself was nice but had not been used for months and smelled. We also realised there was no towells so we phoned reception and at 12 30am someone arrived with some towels. In the morning we also noticed there was no shower gel or shampoo and had to again call for this.

We had also paid for vip check in and lounge access and on the tuesday when we returned to the airport we were told we would not get that for our flight home that day.

In total the flight was delayed for 24 hours before take off and i was wondering if i would be able to claim for compensation? i want my mobile calls refunded as well as the cost of the vip check in and the money back for an unpaid day off work my wife has had to take.

Does anyone know if i would be entitled to anything back?

Thanks

I posted this back in august and the general feedback was to wait until the case the hearing had taken place and a judgement was made.

Now this has happened does nayone think i have a claim and if so whats the next step i should take?

Thanks

Marc