Compensation for delayed flights Discussion Area

supermum4

we where delayed 4hrs from Enfidha to newcastle written reason given by thomas cook was unavoidable operational circumstances will we have a chance of a claim do you think, pilot told us our aircraft was still in canaries due to machanical problem 24hrs earlier and a replacement was sent after it finished its own schedule. thanks guys

Travelgem

Hi

I took an Easyjet flight on 3rd April 2011from Berlin Schonefeld to London Gatwick South Terminal with the scheduled departure time of 21:00. This flight arrived over 2 hours late at Gatwick South Terminal. It was meant to arrive at 21:55, but it in fact landed at 12:36 am on 4thAprilat Gatwick. This meant we had issues with getting transport back toLondon. We managed to get a train to Clapham Junction where I then had take ataxi back to where I live. I also had to be at work the next day. However, as this is just under the 3 hours delayed arrival - does this mean no compensation is due?
Thanks for anyone's help.

111KAB

divine57 wrote: »

Had a Thomsons flight from London to Cuba. On Return at the Cuban airport we were sent back to the Hotel because the plane had a punctured tyre and a replacement wheel had to be sent from the UK. 24hrs. delay.

On the face of it yes but you don't say when the delay was, if you have written confirmation to prove etc. You need to provide all information before anyone can really comment fully.

stoneman

Let the flood gates open for anyone who has had to hang around an airport for more than 2 hours.(poor things) Oh and watch the airlines build a contingency for having to deal for such trivial claims into the prices, j
like Ryanair have

Mark2spark

stoneman wrote: »

Let the flood gates open for anyone who has had to hang around an airport for more than 2 hours.(poor things) Oh and watch the airlines build a contingency for having to deal for such trivial claims into the prices, j
like Ryanair have

What can that pertain to then? More than 3 hours late arriving at final destination is the threshold for the ECJ judgement.

Mark2spark

Travelgem wrote: »

Hi

I took an Easyjet flight on 3rd April 2011from Berlin Schonefeld to London Gatwick South Terminal with the scheduled departure time of 21:00. This flight arrived over 2 hours late at Gatwick South Terminal. It was meant to arrive at 21:55, but it in fact landed at 12:36 am on 4thAprilat Gatwick. This meant we had issues with getting transport back toLondon. We managed to get a train to Clapham Junction where I then had take a taxi back to where I live. I also had to be at work the next day. However, as this is just under the 3 hours delayed arrival - does this mean no compensation is due?
Thanks for anyone's help.

Why do you think that the 3 hour rule doesn't apply?

Mark2spark

divine57 wrote: »

Had a Thomsons flight from London to Cuba. On Return at the Cuban airport we were sent back to the Hotel because the plane had a punctured tyre and a replacement wheel had to be sent from the UK. 24hrs. delay.

Assuming it was less than 6 years ago, and you have proof of booking etc etc, I can't see a reason why you wouldn't have a case.

M635

Hi
Does anyone have any suggestions on this reply I had from Easyjet, to my first letter of claim...

Thank you for contacting us.

I write further to your claim for compensation concerning the delay to your flight EZY 8795 from London Gatwick to Kos on 31 July 2010.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.

Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred. However, your contract with easyJet was not a simple contract; it was a contract for international carriage of persons by aircraft for reward. Contracts for international carriage of persons by aircraft for reward is govern by the Montreal Convention.

Article 39 of the Limitation Act 1980 provides that:

[The Limitation] Act shall not apply to any action or arbitration for which a period of limitation is prescribed by or under any other enactment (whether passed before or after the passing of this Act) or to any action or arbitration to which the Crown is a party and fir which, if there were between subjects, a period of limitation would be prescribed by or under any such other enactment.

Therefore, as per Article 39 of the Limitation Act 1980, it falls to the Montreal Convention to prescribe the limitation period for a claim for compensation under the Regulation which arises from the failure to correctly perform a contract of international carriage of persons by aircraft for reward.

Article 35 of the Montreal Convention states:

The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

The date your flight arrived at Kos was on 31 July 2010 therefore the limitation period for this flight ended on 30 July 2012. The right to claim compensation has been extinguished.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.

Wish you a pleasant day ahead.

Regards,

Narender

johngt40

Great news about compensation for flight delays IF the airlines pay up which l doubt. I was due to fly with my family from Manchester to Orlando in 2007 with XL Airways but the flight was cancelled and we flew the next day so missed a day in Florida. The problem is XL Airways went bust in 2008 so can l assume that l cannot get compensation under these circumstances? The company still exists in France and Germany apparently but my contract was with the UK company. If Martin or anyone else can tell me the answer l would be most grateful.

joe06

if flightstats doesn't have my flight or the status is "unknown" where else can i look?

What is the next step?

Thanks!