Compensation for delayed flights Discussion Area

gmar96

Hi Guys, here is a statement on CAA's website.

"Our decision is not legally binding, but it is one we have made carefully in the light of the evidence available to us. We have found that we consider the delay or cancellation to be outside of the airline’s control in the majority of cases reviewed. In these cases, in our view, compensation is not payable to the passengers concerned. If we decide that the airline could have prevented the cancellation or delay we will tell the airline why and ask it to pay the compensation we consider is due."

Seems to indicate that the CAA will find for airline in majority of cases Re: 'extraordinary circumstances'?

Also back in 2010 wife and son delayed 3 hours 17 minutes from Manchester GB to Doha Qatar. Accommodation and meals provided as missed connection to Cebu. A standard email (I subsequently realised... Lisette Smith and Qatar Airways anyone?) was issued in response to my complaint. However we got reimbursed for our inconvenience with MCO's of $250 per passenger (wife and son) so $500 and used them in 2011. I was assured by the AUC now CAA that this was simply a good will gesture and will not negate a future claim.

However I imagine that the majority of airlines will use the extraordianry circumstances clause. How is it possible to refute that? Will the CAA truly represent the passengers?

I've sent in my claim 1200 euros... we'll wait and see

Best of Luck

JohninHitchin

Our Easyjet flight from Luton to Milan in July was delayed for over 7 hours as there was a fault with the aircraft - they had to get one to fly over from Italy.

As a result we had problems with the taxi we had booked to take us to Lake Como which resulted in our having to make new arrangements at extra cost

Is this classed as their fault or is it excluded as it was an issue around safety?

Mark2spark

LBD wrote: »

lol Mark, they clear think we are ill lol...

Yes I have also sent everything off by recorded del.. what I have noticed is they consistently ignore questions....so am guessing we are not going to get a response...

Perhaps when they start receiving court papers it might alter things,

Whilst I'm not a lawyer, I do have some experience of Court process and preparing papers, and what i would say to everyone here that is thinking of preparing their own case (aka 'The Bundle') is that the overriding point that you will have to hammer home to a DJ is 'reasonable'.
That means showing written evidence where you have asked the airline multiple times to 'provide documentary evidence that confirms that the flight was delayed by a technical issue that was beyond your control' or words to that effect.
Sure, the airlines will ignore you if they are chancing their arms with the 'out of our hands' claim. But you will be able to show the DJ that your Application is not a frivolous one, by producing your own documentation that you have attempted to settle out of court, and not waste the courts time.

edtheduck_2

Hi I received a holding type letter from Thomas Cook today, so my next step is court action but want to ask:
Can I now hand this over to my Home insurance 'people' and they take it from here?
Am I likely to have to pay any fees, costs etc. like court fees?
... and also will this be registered as a claim on my home insurance? Thanks

kwikyrag

does the compensation apply to package holiday delays

JPears

Just about to resubmit my claim to Jet2. On 12 Feb 2011 our inbound flight from ski holdiay Chambery to Leeds was delayed by 5.5 hours minimum. Flight number LS452
No information was given for several hours and the "meal voucher" (it barely covered a small sandwich and small drink) was not given out til about 4 hours delay, by which time we had already eaten at our own expense. Various reasons were given including one by the pilot that the previous journey/leg had been delayed because of a technical fault that could not be fixed until an engineer was flown out to meet the plane somewhere else and it took several attempts to fix. Now to me that is not out of their control and not directly related to my flight. If Jet2 choose to not have engineers readily available or arrangements in place for such events (which would appear to quite regualr) then they are to blame.
My original claim in Feb/March 2011 was replied to with a fob off and the usual, incorrect interpretation of the EU directive. They did not refute the reasons for the delay other than the usual standard blurb.
I would have thought that under CAA rules they will have to keep records of all repair/maintenance/engineers reports?
I feel I have a valid case here.
Was anyone else on this flight to corroborate?
PS I have just checked - this plane only made one other flight that day - the outbound from Leeds to Chambery. Since Jet2 are based at Leeds they should have had an engineer available! Or they subbed in another plane?
I have membership of Which legal services. Might use them if(when) it comes to court action.

joe06

Centipede100 wrote: »

Flight date/time/flight number/departure and arrival airport?

Thanks for Centipede100 for your help. I would also happily search if I knew where to look.

1.
5:05 PM - Thu 24-Nov-2011
(UX) Air Europa 1016
(LGW) London, EN, GB to (MAD) Madrid, SP, ES

link to flight stats where it says "unknown"

2.
flight TCX42K
Thomas Cook Airlines A330
Departs Mon 06 Dec 10 Gatwick South Terminal 09:45
Arrives Mon 06 Dec 10 Varadero 15:20

3.
TCX42L
Thomas Cook Airlines A330
Departs Mon 20 Dec 10 Varadero 17:25
Arrives Tues 21 Dec 10 Gatwick South Terminal 07:10

laurence.cockayne

Hi,

Bit of help with this please. Me and my Girlfriend flew from LGW to Pula (Croatia) on 20/09/2008. We remember this clearly as we were delayed at the airport for 5 hours!!!

Anyway go onto flightstats and it says it left at 10.14am when it was scheduled to depart at 10am.

Now this is absolute rubbish! I clearly remember hanging around that airport for 5 hours! Anyone else seen incorrect flight stats from this website?

burnleymik

Hey guys,

how far back can you claim and does it have to be an outbound journey alone?

Basically on returning from Reus to Manchester in 2010 Thomas Cook had an 11 hour delay for us. We had specifically booked day flights because our little one was only 1 at the time and we ended up stuck in the airport until the early hours of the following morning.

Anyways I digress, I can't find a booking reference, but I know the exact flight number, times and dates and the passenger names that travelled. Will this be enough?

thankyou in advance.

blindman

burnleymik wrote: »

Hey guys,

how far back can you claim and does it have to be an outbound journey alone?

Without going to court-back to Feb 2005
Taking the airline to court-6 years

Basically on returning from Reus to Manchester in 2010 Thomas Cook had an 11 hour delay for us. We had specifically booked day flights because our little one was only 1 at the time and we ended up stuck in the airport until the early hours of the following morning.

Anyways I digress, I can't find a booking reference, but I know the exact flight number, times and dates and the passenger names that travelled. Will this be enough?

thankyou in advance.

Possibly enough information but the airlines may ask for a reference.