Compensation for delayed flights Discussion Area

blindman

soosiemm wrote: »

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:


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.

This has been answered here

As the article states, there is a current ECJ case (Cuadrench More v KLM Case C-139/11) where the judgment is due to be handed down on 22nd November which will clarify the time limit issue with respect to the Montreal Convention but I believe the ECJ will rule as they have in the recent judgment that it is the Member States legal process which will determine the time limit for claims which in the UK is 6 years from the date of delay before a legal claim becomes time barred.

BTW
Martin doesn't read these forums:cool:

And obviously neither do you

LisaLou1982

blindman wrote: »

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.

Im not sure either! Surely the fact that everything else out of Tenerife had been cancelled due to weather but ryanair decided to fly anyway?? Knowing that Luton was closed?

The other flight in 2011 was a delay due to a problem with the plane. Or so they said...

Turquoise

I very clearly recall the 4 hour delay at Paris on my birthday in 2008. However, I no longer have my booking details to refer to which airline it was. So thought I would check with the flight stats checker. It says that every flight to my destination landed on time that day. So no other way of knowing the flight details to make a claim. Disappointing.

blindman

Turquoise wrote: »

I very clearly recall the 4 hour delay at Paris on my birthday in 2008. However, I no longer have my booking details to refer to which airline it was. So thought I would check with the flight stats checker. It says that every flight to my destination landed on time that day. So no other way of knowing the flight details to make a claim. Disappointing.

TBHO

It can't have been a traumatic event as if it were you surely would have kept/know the details and complained to the airline? (which you've forgotten?)

Life has moved on-So should you IMHO.

CakeySaz

Hi. So, I emailed easyJet about a 22 hour flight delay that we experienced just over 2 years ago and got this response, saying that they can't offer any compensation... would be really grateful if someone could decipher it for me! Not sure if they're just throwing random law jargon at me!

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 for 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 Liverpool was on September 9th 2010, therefore the limitation period for this flight ended on September 9th 2012. The right to claim compensation has expired.

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

soosiemm

BTW
Martin doesn't read these forums:cool:

And obviously neither do you [/QUOTE]
Response from Soosiemm

Thank you Blindman for pointing me at the answer. Reading through all these posts was somewhat daunting although I did try but obviously not hard enough.

I do hope that someone at MSE does take some time to read forums about important legal matters in order to understand what further legal guidance they need to give in their main article. It would also help to see the wood from the trees if there was a new thread created purely about this new court case. Let's hope MSE does read this and updates their advice until matters are clearer over time limits.

I assumed that as MSE had provided template letters then now was the time to make a claim. I can't find anywhere in their guide that says don't claim yet until the time limit has been clarified.

bob123

Hi

Was due to fly from jeddah saudi arabia to gatwick. Airline was a Jet2 charter flight. We were due to arrive at 7am but ended up arriving between 3-3.5 hours later. I dont have the exact time of arrival neither does the flight tracker go back to 31/10/12.

We missed an ongoing train and had to hire a car instead with added food and petrol.

1. Who do we make the claim to, the airline or our tour operator? Ive emailed the TO but they are not replying.

2. Is there any way to find out the exact time of arrival?

thanks for advice

CakeySaz

Could someone please explain to me (in simple terms) how the Montreal convention relates to what I have read on MSE about being able to claim from 2005? I understand there's going to be some "ruling" soon... but I'm quite confused.
MSE says I can claim for a delayed flight in 2010, easyJet say I can't because of the Montreal Convention.
Please help

Montrealer

Jamie_Carter wrote: »

You are missing my point completely.

For a 4 hour delay, with little or no loss to the persons involved, except for food and drinks, then what would be reasonable compensation?

In a world where many businesses are struggling, and many airlines are going bust, then any claims against them will push the prices up. Solicitors and barristers cost a lot of money.

So what I am saying is that if a person has suffered large financial or other loss. And the airline haven't done all in their power to prevent the delay, then go ahead and claim. But for a 4 hour delay, with no loss, then it is just being petty. And it is pushing up the prices for all of us.

I think any business should be happy to have you as a customer since you seem to accept anything that a business puts in front of your nose. Even if it may not be as advertised. If I buy a product, I expect it to be delivered as advertised. If it is not, then I either return it or want to be financially compensated. Since it is obviously rather difficult to return a flight if you have to get somewhere, then I want part of my money back if the airline does not deliver as promised.

On top of it, airlines don't feel any particular pity for their customers, so why should I not return the favor? Over the past 6 years, prices have increased by 100%. The brunt of it is blamed on increased costs for security and fuel. Plus higher personnel cost to some extent I assume. But, prices for crude this year have actually been lower than a year ago, but for some reason prices have still increased. Big companies do not hesitate to rip us off as good as they can, especially if fuel is involved, but refuse to take any responsibilities on their part?

Montrealer

@Centipede100:
Just to make sure that I understand your posts 2620 and 2658 correctly. If we take the small claims court option, we have to issue two claims for two passengers, even though we live at one address and paid with one credit card? Basically, even married couples have to be considered as separate claimants and take their claims to court separately?
To me it seems to put an unnecessary burden on the system if that is the case and will ultimately just lead to a lengthened decision time.

Two questions regarding the LBA. I intend to send it by snail mail with proof of delivery. Should I send it to Customer Relations in Sudbury or the HQ in Harmondsworth?
And I think you posted a template somewhere but I seem to be unable to find it. Or was it your letter in post 1922 with letter before action as header and 14 day time limit for response added?
Thanks a lot!