Compensation for delayed flights Discussion Area

Voyager2002

SandLake wrote: »

I have a few questions about a Virgin flight I took on 29/12/2006, Orlando-Manchester-Dublin

I have just sent a claim off to Virgin as they were the airline from Orlando-Manchester but the flight on to Dublin (which by missing was the cause of our 7 hour delay) was with Aer Lingus - I assume it is Virgin that I claim against?

29/12 is getting close, it will be my 6 year limit, I'm sure Virgin will process this slowly. Must I have started legal proceeding prior to 29/12 for it to have any chance of suceeding?

While I know the reason for the delay, what can I do if Virgin mis-report the reason?

Thanks

Who sold you your ticket? What was the reason for the delay, and how do you know it?

Voyager2002

Jamie_Carter wrote: »

Even 250 euros is totally out or proportion when you consider the cost of budget airline flights.

I agree that in some cases compensation should be paid. But by promoting this all you are doing is pushing up prices.

Remember, airlines don't deliberately delay flights.

I disagree.

The loss suffered by a passenger could be far more than this if the delay means missing a day back at work. And of course many people use 'no-frills' airlines for business travel, so the loss resulting from an extended delay may be very significant. The actual fare paid is irrelevant to the calculation of the loss.

joe06

Centipede100 wrote: »

Which flight was delayed and by how long? What was the impact of this on you? Have you kept boarding passes/reservation numbers?

If delayed by more than 3 hours in arriving at your final destination then you may have a claim. What reason has the airline given for the delay and is this in writing as that will be your starting point as to whether to pursue this further.

These are the flights that I need my memory refreshing on, but flightstats doesn't help. Are there other sources for this type of information?
Thanks!

lash64

How can I find out if I am due any compensation if I only have the travel dates and airline but no flight number?

The_Badger_2

I had a 17 hour delay on a trip to Turkey in May. Thomas Cook placed us in a hotel near the airport with breakfast the next morning. They have said this was reasonable action and therefore I would be ineligible as per the October ruling. Is that correct?

soosiemm

I've just tried to claim compensation for 7 hour flight delay (Luton to Bordeaux) on 14th July 2009 caused by the unavailability of a pilot. Easyjet's reply to me says:

"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 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 in Bordeaux was on 14 July 2009, therefore the limitation period for this flight ended on 14 July 2011. The right to claim compensation has been extinguished."

Martin - what do your lawyers think to that? I have the full transcript from their email available if you want to see it.

LisaLou1982

I am looking to claim for 2 flights - 1 in 2011, 1 in 2012. Both the return flight from Tenerife to the UK.

The 2011 one is fine - no problem with that. Simply a delayed departure of 4 hours...

However, in 2012, I flew Ryanair (sigh). Found out after take off that UK airports were closed due to snow. This was apparently known before take off due to the numerous other flights that were cancelled before ours was due to take off...

Rerouted to Dublin. Arrived in Dublin 90mins after scheduled arrival time. Sat on tarmac for over an hour - they deiced the plane and said that Luton still closed but were going to try for Stansted....10 mins up in the air, we were then told that we would be landing in manchester. 3hours+ after original arrival time (which should have been in Luton). We were ceremoniously dumped at manchester. No onward travel, no hotel (3.30am) and it was a sunday so no trains running til 8am anyway.

Obviously no ryanair staff to help. Poor manc airport staff and a shed load of police who had arrived to meet our flight anticipating people kicking off, told us we had to make our own way home and claim back the cost.

Would this be classed as a delayed or cancelled flight considering that it never reached its final destination?

blindman

The_Badger wrote: »

I had a 17 hour delay on a trip to Turkey in May. Thomas Cook placed us in a hotel near the airport with breakfast the next morning. They have said this was reasonable action and therefore I would be ineligible as per the October ruling. Is that correct?

Surprisingly enough NO:cool:

Ask them what caused the delay. If it is not "Extra ordinary Circumstances" then claim.

blindman

LisaLou1982 wrote: »

I am looking to claim for 2 flights - 1 in 2011, 1 in 2012. Both the return flight from Tenerife to the UK.

The 2011 one is fine - no problem with that. Simply a delayed departure of 4 hours...

What caused the delay?

However, in 2012, I flew Ryanair (sigh). Found out after take off that UK airports were closed due to snow. This was apparently known before take off due to the numerous other flights that were cancelled before ours was due to take off...

Rerouted to Dublin. Arrived in Dublin 90mins after scheduled arrival time. Sat on tarmac for over an hour - they deiced the plane and said that Luton still closed but were going to try for Stansted....10 mins up in the air, we were then told that we would be landing in manchester. 3hours+ after original arrival time (which should have been in Luton). We were ceremoniously dumped at manchester. No onward travel, no hotel (3.30am) and it was a sunday so no trains running til 8am anyway.

Obviously no ryanair staff to help. Poor manc airport staff and a shed load of police who had arrived to meet our flight anticipating people kicking off, told us we had to make our own way home and claim back the cost.

Would this be classed as a delayed or cancelled flight considering that it never reached its final destination?

Not sure if this qualifies for compensation as it was due to weather.
You should be able to claim your expenses for getting back home.

blindman

blindman wrote: »

Answers to FAQ's repeated AGAIN :cool:

WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

Small claims time limit Anything over 6 years old you can't go to court to claim

Package holiday flights ARE covered.

Regulation261\2004

MSE article corrected

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background

Thomas Cook address

Compensation per person + Monarch email
Monarch Claim form example

Centipede100 Template letter
CAA Template letter


Airline claims 2 years maximum to claim
CAA Denied boarding
Right to Care
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

Repeated again :cool: