Compensation for delayed flights Discussion Area

scorpiouk

Hi all..
Thought I wouild submit an update to my claim.. posted back in #1458
After the 23 of October ruling I contacted the court to persue my stayed claim. Thought I would get in early!

The distric judge stayed the claim pending the ECJ ruling. The claim was sumited nearly a year a go regarding a flight from La Palma to Manchester.
In the claim is a letter from the the CAA saying that it was their view we had been treated unfairly and there was a case to anwser.

Also included was a letter from Agencia Estatal de Seguridad A!rea, the National Enforcement Body of spain. This states in their view we had ben treated unfairly. Furthmore it states "that in this case the reason for the delay cannot be considered Extraordinary circumstances".
It also states "as such tui should pay the required perscribed compensation"

Still the judge stayed the claim..

Today I have recived a letter saying its been listed for "a judgment hearing" lasting 90mins on the 16th of Jan.

With the latest ruling, the statments from CAA and the Spanish Enforcement body with Tui defend it?

They cant claim "Extraordinary circumstances". The claim was lodge within the correct time..

Any adivce is welcome!

rhylbloke

111KAB wrote: »

rhylbloke - I agree with blindman however there is no record of a Manchester > Zante flight in September suffering from a bird strike and the 'normal' situation is that birds are ingested into the engines upon take off ie when you are on the plane. One assumes therefore that this bird strike occured when the aircraft took off from the destination airport to Manchester in which case it is normal for the FO to turn the plane around, dump fuel and land.
Who told you it was a bird strike? If you post date/which airline I may be able to check for you.

Hi, thanks for that. The girl on the check-in desk told us that it was a bird strike and that a part was needed for the engine. We just took her at her word. We were the first at the check in desk, and were soon joined by a lot of grumbling passengers who had flown with Thomas Cook before and had experienced similar delays with them. It was Sept 6th 2012, Thomas Cook airlines, flight TCX 2474, scheduled take off time 07:00, actual take off time 13:45 ish.
Thanks.

Gorbar

We have had 2 delayed flights in the last 12 months. Thomson from PAphos to Exeter 6 hours December 2011, technical problems, complained to Thomsons got the usual letter no compensation, should we now chase them up again.
Delayed 9 hours Corfu to Bristol, October 2012 technical problems to do with the Computer , this was with Thomas Cook. Complained 4 weeks ago via the Travel Agent but no reply.
I have noticed on Thomas Cook Facebook page that they are now starting to pay out

111KAB

rhylbloke wrote: »

Hi, thanks for that. The girl on the check-in desk told us that it was a bird strike and that a part was needed for the engine. We just took her at her word. We were the first at the check in desk, and were soon joined by a lot of grumbling passengers who had flown with Thomas Cook before and had experienced similar delays with them. It was Sept 6th 2012, Thomas Cook airlines, flight TCX 2474, scheduled take off time 07:00, actual take off time 13:45 ish.
Thanks.

On the aviation listings there are no reports of this problem however that is not to say it did not happen it just may be that TC did not report it ~ particularly in respect of your flight. As I said however it is more likely a knock on effect from a previous bird strike. The problem then comes into play that was this an exceptional circumstance or a technical problem? Bird strikes happen every day (so not really exceptional in my mind but remedial work depends upon the extent of damage but 6 hours or so does seem the norm) ~ the plane normally goes back to base, the blades are replaced and off it goes again so I would argue your delay was a technical problem insofar as the probability is the blades required replacement due to a strike on an earlier flight but obtaining this information from TC is probably going to be impossible. Aviation pages read along the lines of the following listing but as I say there is nothing for your flight ....

An Air Italy Boeing 737-300 on behalf of Meridiana, registration EI-IGR performing flight IG-151 from Olbia to Naples (Italy) with 146 people on board, was climbing out of Olbia's runway 05 when a bird hit the aircraft. The crew initially continued the climb until abnormal engine indications prompted the crew to level off at FL175, to shut the left hand engine (CFM56) down and to return to Olbia, where the aircraft landed safely on runway 23 about 30 minutes after departure.

A replacement Boeing 737-700 registration EI-IGU reached Naples with a delay of 2:45 hours.

Passengers reported that there was a loud bang just after becoming airborne after which strange noises appeared. A few minutes later the captain announced they needed to shut an engine down and return to Olbia.

Whilst not related to your flight I did discover this BBC article which explains what can happen >
http://www.bbc.co.uk/news/uk-england-manchester-11732575

Mark2spark

Ruby_slippers wrote: »

Thanks for that. But what if they don't have the boarding pass and obviously I have the only booking confirmation as an email as I booked it? My flight was with Monarch we were delayed for 18 hours after the plane was "dropped" and the front wheel was damaged and we had to wait for a part to be flown in

Photocopy the booking confirmation and hand them out to each claimant. You might be able to access your original booking confirmation on the 'my bookings' section of Monarch web site, if so I suggest you download it so that you have a further copy logged in your hard drive.

Mark2spark

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?

You need to write to TC and discover the reason given for the delay, ie whether it's an extraordinary circumstance or not.

Mark2spark

scorpiouk wrote: »

Hi all..
Thought I wouild submit an update to my claim.. posted back in #1458
After the 23 of October ruling I contacted the court to persue my stayed claim. Thought I would get in early!

The distric judge stayed the claim pending the ECJ ruling. The claim was sumited nearly a year a go regarding a flight from La Palma to Manchester.
In the claim is a letter from the the CAA saying that it was their view we had been treated unfairly and there was a case to anwser.

Also included was a letter from Agencia Estatal de Seguridad A!rea, the National Enforcement Body of spain. This states in their view we had ben treated unfairly. Furthmore it states "that in this case the reason for the delay cannot be considered Extraordinary circumstances".
It also states "as such tui should pay the required perscribed compensation"

Still the judge stayed the claim..

Today I have recived a letter saying its been listed for "a judgment hearing" lasting 90mins on the 16th of Jan.

With the latest ruling, the statments from CAA and the Spanish Enforcement body with Tui defend it?

They cant claim "Extraordinary circumstances". The claim was lodge within the correct time..

Any adivce is welcome!

There doesn't appear to be much you can do except drum your fingers on the table until 16 Jan 13. Maybe prepare some documents for the court regarding the speed at which TUI should pay up after judgement, if you are succesful is the only thing I can think of.

ilkleylass

I'm confused! I flew back from Brazil with TAP Portugal, on Aug 31st, landing in Lisbon on Sept 1, en route to Manchester. The connecting flight took off, flew for 10 mins then we were told it had to return to Lisbon cos of 'technical problems'. Our connecting flight finally left 7 hours late, arriving in Manchester at 11.30 pm.

I contacted TAP to claim compensation and was told that because it was technical problems they didn't have to pay compensation. After hearing about the European judgement a few weeks ago, I contacted them again. They said it didn't cover technical problems and as far as they were concerned the case was closed.

Is this the case or not? Shall I just give up or try contacting a higher power?!

Rogernoted

Hi, I can't see if this has been covered already - apologies if it has. I had a 10 hour delay in 2007 with XL who subsequently went out of business. I assume that I am not in a position to claim?

rhylbloke

111KAB wrote: »

On the aviation listings there are no reports of this problem however that is not to say it did not happen it just may be that TC did not report it ~ particularly in respect of your flight. As I said however it is more likely a knock on effect from a previous bird strike. The problem then comes into play that was this an exceptional circumstance or a technical problem? Bird strikes happen every day (so not really exceptional in my mind but remedial work depends upon the extent of damage but 6 hours or so does seem the norm) ~ the plane normally goes back to base, the blades are replaced and off it goes again so I would argue your delay was a technical problem insofar as the probability is the blades required replacement due to a strike on an earlier flight but obtaining this information from TC is probably going to be impossible. Aviation pages read along the lines of the following listing but as I say there is nothing for your flight ....

An Air Italy Boeing 737-300 on behalf of Meridiana, registration EI-IGR performing flight IG-151 from Olbia to Naples (Italy) with 146 people on board, was climbing out of Olbia's runway 05 when a bird hit the aircraft. The crew initially continued the climb until abnormal engine indications prompted the crew to level off at FL175, to shut the left hand engine (CFM56) down and to return to Olbia, where the aircraft landed safely on runway 23 about 30 minutes after departure.

A replacement Boeing 737-700 registration EI-IGU reached Naples with a delay of 2:45 hours.

Passengers reported that there was a loud bang just after becoming airborne after which strange noises appeared. A few minutes later the captain announced they needed to shut an engine down and return to Olbia.

Whilst not related to your flight I did discover this BBC article which explains what can happen >
http://www.bbc.co.uk/news/uk-england-manchester-11732575

Hi thanks again for all that. I suppose I'll send off the letter, but reading what everyone else is saying, it sounds as though it will be a waste of whatever price a first class stamps is these days.
Well, nothing ventured.... You never know, they might be feeling benevolent ( couldn't find a "pigs might fly" in these smiley things )