Compensation for delayed flights Discussion Area

Mark2spark

111KAB wrote: »

...they expect the airline to just pay out there and then.
As we know this is unlikely to be the case.

Well as it's only just started, the deluge of claims I mean, time will tell. The obstacles that the airline put in the way (reasons for not paying) will be interesting, seeing as they might have to also stump up €5000 per passenger for denying any rightful claims.
I'm watching with interest anyway.

suelees1

Mark2spark wrote: »

IMO yes. I'm not a lawyer though. That's an off the cuff answer. I would look on the Courtservice website and start looking at the rules and regs for a small claims (online) and see if a joint claim can be made. Don't forget your local CAB have a list of solicitors that do an initial free half hour appointment (in the hope of more business of course) and you can go armed with a list of these type of questions and get some answers. (before perhaps deciding to instruct the sol to pursue your claim, as of course the airline would have to pay costs. This is only if the airline disputes the claim of course. Any claimant has to get the airline to put in writing *the reason* for not paying up any compo before you would go to court. All IMO)

Just for info a lot of solicitors' firms will have paralegals or 'instruction takers' to see potential clients for the first free half hour appt. Depending on their experience some just won't have the answers you want. If anyone has 'Which' legal or consumer membership this would be a good place to seek advice.

Mark2spark

I'm just thinking out loud here, and anticipating future problems/obstacles.
Many posts here mention giving the airline 14 days in which to settle. The Claim Form from Monarch doesn't have any section where further correspondence such as that can be inputted. So what do you do?
Centipede, can you see anything in the ECJ (I can't) where a time limit for settling the claim is given?

The other thing I was thinking of, is that the days of getting an explanation, or a reason, for your delay, might be numbered, if the airline is effectively incriminating themselves?
In my case there was an open admission that a clerical error meant that our aircraft was sitting in Cork, having not been flown empty overnight into Gatwick, for the first of the days flights. So the pilots, having arrived at Gatwick at 5 am to find no aircraft to fly, took a taxi to Heathrow, jumped on an aer lingus flight to Cork, collected the empty aircraft, and flew it to gatwick, and started the days flights at 13.00, at least 6 hours late. I can't see that the airlines will admit to such stuff in future if they are going to be looking for exceptional circumstances type of loopholes to avoid paying out.

suelees1

Mark2spark wrote: »

Just my way of thinking, but if anyone still has this original booking confirmation stored under 'my bookings' or whatever, I would say print it off NOW... otherwise it might disappear and you'll find the airline can't pay out as you don't have the documentation :undecided
Or at least another obstacle has been laid in your path for you to overcome.

Ooo you cynic

kuepper

Centipede, I have been out of the UK for a few weeks and just got back to read this seemingly good news re the judgement. I posted my case elsewhere by mistake some time previous and you indicated you thought I was entitled to 600 euros.

I just wondered if you could confirm the new ECJ ruling applies to delays from missed connections and what you think my comp should be as I don't know if I should claim for 600 or 300 euros (as I'm not sure whether I was technically re-routed or not which reduces comp by 50% according to Article 7(2)????)

To reiterate, my circumstances were (all Lufthansa flights booked simultaneously):

Flight from Bangkok to Frankfurt delayed 2 hr 20 mins as a result of a "weather radar fault", as a result I missed my booked connecting flight to Manchester but managed to get on next one, arriving at Manchester 3 hr 52 mins later than I would have done.

kuepper

Centipede100 wrote: »

The Sturgeon judgment refers to passengers being entitled to compensation if their arrival time at their final destination is delayed by 3 hours or more. That to me indicated that there is every likelihood that a court would find that missed connections should be included within the scope of the Regulation, otherwise the ECJ would not have included the key words 'final destination' as part of the ruling. Any other interpretation would clearly be nonsensical IMO.

Thnaks - and what about the compensation, do you think it's 600 or 300 euros?

theboots

After the recent judgement I followed up the email I'd received last year from SIA, basically pointing out that the judgement was in and had gone as expected and asking for them now to settle my claim for 2x€600 within 14 days. I've since had an acknowledgement to that email but was wondering is an email sufficient to satisfy the court or do I actually need to send a snail mail letter before action?

Thanks

Burniebear

I would appreciate some advice - my wife and I were delayed 6hrs on a KLM flight from Singapore to Amsterdam in July 2008.

Last week I made a compensation claim to KLM using their online form after I heard of the recent CJEU judgment. I used the CAA letter template for my claim.

Yesterday I received a reply from KLM. The body of their response is provided below:

"Air travel is governed by the international body of law known as the Montreal Convention of 1999. Article 35 of this regulation sets a time limit of two years from the date of the planned or actual arrival of a flight to claim for damages.

We have carefully considered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that you have made this further claim outside this two year limit and so I must respectively decline your request on this occasion."

I am assuming that KLM are trying to give me the brush-off by deliberating confusing the legislation that applies? My understanding is that Regulation EC261/2004 is relevant here and therefore I have six years in which to raise a claim?

If so I would welcome any advice on how best to approach this next with KLM. Should I write back to reiterate my claim and the legislation that applies? Or should I move straight to a small claims route (and if so any guidance on how best to go about this, which jurisdiction etc.)

Thanks
Bb

LBD

got a response from Monarch..... I asked them to confirm they were treating it as 3 separate claims and also confirm their estimated time for dealing with said claim..


Thank you for your completed forms, I can now pass these on to be assessed.

I am unable to give a specific time frame that the decisions will be made as they are being assessed on an individual basis. As the legislation only came into place on 23rd November 2012 you can imagine that we have been inundated with these forms. However we are working as quickly as we can to assess everyone of these.

The EU legislation did not state any time frame that this had to be completed but I would estimate it will take around 6-8 weeks, but I cannot guarantee anything.

We will appreciate your patients at this time.

Kind Regards.

Katie Green
EU Claims Advisor


Hmmm is this yet further delaying tactics one wonders!!!

when completing the claims paperwork do I give the figures in euros or sterling?.

and should it be what the rate was on the date of the delay? and the interest what rate is that?...

Thanks for all your help

suelees1

"...23rd Novemeber...." assume that's your typo and not the airline's LBD