Compensation for delayed flights Discussion Area

transparent_opacity

transparent_opacity wrote: »

Hi there,

We just got in from Egypt this morning. Thomson cancelled our flight home to Manchester due to technical difficulties and put us on a (conveniently empty) plane to Stanstead that flew 30 mins or so later.

The bind was that we then had to be shipped by coach from Stanstead to Manchester, meaning that my girlfriend was unfit for work as we only got through our front door about 8.30am.

Do we qualify for something under EU Regulation 261/2004? It's 4118 km. I'm unsure, as our flight was not really delayed, but our arrival in Manchester was around 4 hours late.

Cheers,
Chris

Has anyone successfully pursued this compensation? What did they write in the letter?

The delays didn't really cause much hardship, but if we're due compensation under EU Regulation 261/2004, then it should would help right now! I've tried a couple of letters, but they just sound cheeky!

WiseInvestor_2

luci wrote: »

Delighted to see that a precedence has now been set.

I don't believe a precedent has been set, merely the court have given examples that would constitute reasonable cause for cancellation. An airline can (and will) still argue that technical defects do not form part of their normal operation, especially if they can prove that they work over and above the minimum maintenance standards required (a term used by the Court).

As consumers we must NEVER take safety for granted yet this thread has demonstrated little - if any - technical knowledge of aircraft maintenance or operations. It's all well and good pushing for what you 'think' you're legally entitled to, but the day an unfit aircraft gets airborne because the airline is unable to afford EU compensation will be a VERY VERY sad day indeed.

herecomesthesun

We were on an Easyjet flight out of Sharm 28th December - was originally booked for 27th but a few weeks before we flew they told us the flight on 27th was cancelled and re booked us onto 28th. We got to the airport to be told our flight was cancelled because the staff were expelled. Apparently the captain was ill and by the time he was well enough they went over the hours. We were told that they were flying another pilot in. We were delayed for 27 hours and finally left 9am the next day ( this was on a Monday and Easyjet do not fly from Sharm on a Monday ) after a night in a 5 star hotel.
We were given a form by Easyjet that stated that we were entitled to claim 400 euros compensation each. I am in the process of claiming this.

disney_cjd

well EUClaim have got their Irish lawyers to issue proceedings against Virgin now. Hopefully the recent case of obita whats tech difficulties will help.

I will keep you posted

amf

transparent_opacity wrote: »

Has anyone successfully pursued this compensation? What did they write in the letter?

The delays didn't really cause much hardship, but if we're due compensation under EU Regulation 261/2004, then it should would help right now! I've tried a couple of letters, but they just sound cheeky!

Yes, I successfully persuaded bmi over the late canx of a LHR-GLA flight a few years ago. I concentrated on my view that in my experience a tech problem did not amount to extraordinary circumstances. In any event the onus of proof that extraordinary circumstances applied lay with them - so I invited them to provide the requisite proof. They stumped up, but the fact that I've been a Gold Card holder with the airline for over 10 years might have been to my advantage.

Here is a suggested letter to be adapted as appropriate http://www.flightmole.com/forum/showthread.php?t=202

Good luck:)

amf

WiseInvestor wrote: »

It's all well and good pushing for what you 'think' you're legally entitled to, but the day an unfit aircraft gets airborne because the airline is unable to afford EU compensation will be a VERY VERY sad day indeed.

I cannot believe that, in this day and age, any sensible person would imagine that this would ever happen. Surely the engineers and the captain would not allow this. If they did I can only imagine a long time being spent in jail affording anyone involved much spare time to ponder the folly of their actions. Having spoken to a few captains in my time flying, I have to say that the scenario you suggest goes way beyond anything I could contemplate, based on my impressions gleaned during these discussions.

If you are entitled to compensation, my advice is don't allow the airlines' attempts to refuse you your due monies, put you off.

barafear799

Hope I am posting this question on the right board:

Compared to everyone else, I guess my problem isn't huge, but it is mildly frustrating and irritating and seems to suggest that airlines can treat their customers much like British Banks (in relation to bank charges and their appeals etc. etc)

Anyway - here goes:

I booked a flight with Sky Europe (unfortunately they are based in Slovakia, which is causing a small problem) via their internet site back in July 2008. It was a promotional fare, and was strictly non-refundable etc. etc. I was not due to fly out until March 09. It was a flight to Prague, and was a 855am flight from Luton (arriving in Prague about 1130am, perfect time to check into Hotel etc.etc).

Fast forward to last weekend - having booked my non-refundable car parking, and on the brink of booking a hotel and other incidentals to go with my flight - I get an email from Sky Europe telling me my flight has been cancelled due to a "harmonization" of their timetables. In the email, they apologize and state that I can rebook at a time convenient to me, or claim a refund. To do this I need to CALL their booking centre.

So I checked out their website to see what alternative flight I could possibly transfer to. I then saw what they meant by harmonization. They had completely scrapped all their morning flights from Luton to Prague and the only available flight on any day is now 830pm (arriving in Prague at almost midnight). I don't want a city break which means I arrive in an unknown city at midnight!!! So I emailed them. No reply. I emailed them again. No reply. And a further email. No Reply.

So back to original email - to call them - only to find the number they give me is their Bratislava number - or as an alternative, click here to find your local number. Well the local UK number is a Premium Rate number!!!!
So I have a choice, a phone call to Bratislava or Premium Rate.


I then had a look at their website again - and looked for the fees that they charge customers if they have to change any details on their flights!!!

They charge an extortionate 100 EUROS if you need to make a name change (that's per flight - so for a return, 200 Euros!!!); to make a change to flight times, it's 40 euros per person per flight!! (as well as paying the difference between old price and current price) And so the list goes on.


So my question is why have they not offered me similar level of compensation? Why are they ignoring my emails? Why do I have to make an expensive phone call to have any chance of even getting my money back?
Why and how can they offer these promo fares and then not be able to fulfill them?? What's the point of the promo??

Ok I know - it could have been worse, they could have , and probably still could go bust - and then I would have even less chance -


but some advice from someone in the know would be most useful.


Thanks

MCClondon

JCP wrote: »

Unfortunately I think the article is a bit misleading.
The possibility of receiving compensation isn't simply related to the start point or end point of a flight being in the EU, the more important factor is whether the airline in question is registered in the EU.

So, I think that if you were flying Qantas from London to Sydney, or American from London to New York, I don't think the legislation applies (though I'd be very happy to be corrected on this).

As it is, I suspect that the airlines will claim exceptional circumstances for every aircraft which goes technical and won't pay out anything in the end.

J

This is partly correct. The EU Regulation 261/2004 applies to flights departing from an EU airport, and to flights departing from an airport outside the EU, if the operating carrier is registered in the EU (a "community carrier") AND the airline offered no other compensation. Therefore, it would apply to the two examples you set out above, i.e. Qantas from London to Sydney and American from London to NY, but not the other way around.

hollydays

barafear799 wrote: »

Hope I am posting this question on the right board:

Compared to everyone else, I guess my problem isn't huge, but it is mildly frustrating and irritating and seems to suggest that airlines can treat their customers much like British Banks (in relation to bank charges and their appeals etc. etc)

Anyway - here goes:

I booked a flight with Sky Europe (unfortunately they are based in Slovakia, which is causing a small problem) via their internet site back in July 2008. It was a promotional fare, and was strictly non-refundable etc. etc. I was not due to fly out until March 09. It was a flight to Prague, and was a 855am flight from Luton (arriving in Prague about 1130am, perfect time to check into Hotel etc.etc).

Fast forward to last weekend - having booked my non-refundable car parking, and on the brink of booking a hotel and other incidentals to go with my flight - I get an email from Sky Europe telling me my flight has been cancelled due to a "harmonization" of their timetables. In the email, they apologize and state that I can rebook at a time convenient to me, or claim a refund. To do this I need to CALL their booking centre.

So I checked out their website to see what alternative flight I could possibly transfer to. I then saw what they meant by harmonization. They had completely scrapped all their morning flights from Luton to Prague and the only available flight on any day is now 830pm (arriving in Prague at almost midnight). I don't want a city break which means I arrive in an unknown city at midnight!!! So I emailed them. No reply. I emailed them again. No reply. And a further email. No Reply.

So back to original email - to call them - only to find the number they give me is their Bratislava number - or as an alternative, click here to find your local number. Well the local UK number is a Premium Rate number!!!!
So I have a choice, a phone call to Bratislava or Premium Rate.


I then had a look at their website again - and looked for the fees that they charge customers if they have to change any details on their flights!!!

They charge an extortionate 100 EUROS if you need to make a name change (that's per flight - so for a return, 200 Euros!!!); to make a change to flight times, it's 40 euros per person per flight!! (as well as paying the difference between old price and current price) And so the list goes on.


So my question is why have they not offered me similar level of compensation? Why are they ignoring my emails? Why do I have to make an expensive phone call to have any chance of even getting my money back?
Why and how can they offer these promo fares and then not be able to fulfill them?? What's the point of the promo??

Ok I know - it could have been worse, they could have , and probably still could go bust - and then I would have even less chance -


but some advice from someone in the know would be most useful.


Thanks

If you paid by credit card,contact your bank,they should do a chargeback.

barafear799

Thanks for the advice - I actually paid by debit card - I will try for chargeback on that - but this still leaves my plans in tatters - am I not able to gain any further recompense from the airline? Thanks