Compensation for delayed flights Discussion Area

born_worrier_2

Fascinating thread but it's amazing how many people keep on asking about events years ago and airlines that have long since gone bust!

Anyway, British Airways rarely come up so I intend to keep you informed how I get on with my claim in case it helps or encourages others.

I booked return flights to fly with BA from Manchester to Newark via Heathrow on 29 June 2012. I made the booking through Expedia but I dont think that makes any difference. The Manchester flight, BA1399, was delayed several times eventually getting to Heathrow too late to catch our flight to Newark so we were put up in a hotel overnight completing our journey the following day, some 17 hours after we should have got there. The captain of the Manchester flight told us the delay was due to other delays that had built up during the day and we'd missed our slot and had to wait for another. To make matters worse they let some passengers off post boarding and then spent over an hour looking for their cases in the hold!

Having heard about the court judgement I emailed BA two weeks ago initiating the claim process. I have received an automated response but nothing else. I sent them a reminder last week but this didn't elicit a response either so I sent them a letter last week by recorded delivery (which has been delivered) formally claiming my 600 euros compensation on behalf of each of the three travellers in our party. I gave them 14 days to respond so the clock is running. I have got my BA booking ref and flight stats confirms that the Manchester flight was delayed by over 3 hours. I don't have any boarding cards though and hope this isnt important.

So, I think I have a valid claim and await BA's response with interest. If I hear nothing after 14 days I will follow up my letter with a LBA.

I will let you knw what happens


Paul

Yorkshire_Dangermouse

Thanks Blindman - I'll post whether the airline now comes up with a different reason for the cancellation...

blindman

Klinger1966 wrote: »

Hi There,
[STRIKE]I am new to this and am unsure how to proceed with what happened to me and my family (2 Adults, 1 Teen and 1 young ADHT child) 2 weeks ago.
We were due to fly from Stansted to Tenerife on the 26th October at 08:05 but were told there was a 20 minute delay. We took off at 08:25 as stated but only climbed to a height of 15k feet and after 25 minutes the Captain announced that there was a technical fault with the plane, one that he had been aware of intermittently on his way from Tenerife to Stansted earlier that morning. He said he was unable to continue and was heading to Manchester for repairs but now was unable to land there and therefore we were turning around and heading for Gatwick. At 10:00 am we landed hard at Gatwick and sat on the plane for an hour until the engineer deemed that the "sensor" fault was not repairable quickly so we had to disembark and be placed in the departure lounge. Several hours passed with no information being provided as to what was going to happen. We received a £5 voucher each and an additional £7 after much complaining at 16:00. We were then told that a flight was due in from Madrid at 17:15 and we would be boarding that and on our way shortly after. At 17:30 we were told that the Madrid was delayed for 2 hours :mad: eventually we boarded a Cosmos flight at 19:40 and then sat there for another 40 minutes before eventually taking off. [/STRIKE]

We landed in Tenerife 12 hours and 15 minutes after we should have done [STRIKE]with the loss of our first days holiday and much fatigue for the second. Only [/STRIKE] the flight was booked withTC
[STRIKE]as I booked the hotel separately. [/STRIKE]
I am unsure how to proceed and welcome anyone's thoughts on my next move - if any.
Thanks in advance.

Sounds like you have a genuine claim with TC

Send the template letter to them asking for the claim amount (keep it brief )

Hint

Look at the [sTRIKE]last few pages of this thread[/strike] next post for how to do that :cool:

blindman

Then again Klinger1966 [M.A.S.H?] here's another repeat of the Faq's

blindman wrote: »

Answers to FAQ's repeated AGAIN :cool: All blue words are links to relevant posts. Some are quoted just to save you doing that

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 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
Thomas cook incident Oct 26 2012

KLM Address

KLM ROYAL DUTCH AIRLINES PLESMAN HOUSE/2A CAINS LANE, BEDFONT TW14 9RL FELTHAM, MIDDLESEX
Phone: 020 87509200 Fax: 020 87509090

Ryanair address

Ryanair Customer Service Department, P.O. 11451, Swords, Co. Dublin, Ireland.

BA Address
British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG, United Kingdom.
BA complaint web-site


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:

MCOL:

blindman

born_worrier wrote: »

Fascinating thread

I will let you knw what happens


Paul

Please do.:D

luckyflyer23

please can anyone help me -on friday 26th oct myself, hubby ,16year old son and 13 year old daughter were flying to sanford airport from gatwick with THOMAS COOK .the flight was 30 minutes late due to a technical problem .3 hours into flight there were big bang sounds and apparently flames coming out of right engine. plane was dipping .Captain said we had a few problems and need to land plane .2 hours later we landed in Iceland ,everyone was terrified .why has there not been anything on news or in paper .i have been looking into compensation etc but it seem to state you can`t claim if you landed in a non eu airport .would thomas cook have landed there on purpose ?how can i find out if it was caused by the problem in the first place and i would like people to know about this to stop them going through what we went through .my son says he will never fly again and i`m sure there are a lot more who feel the same

Montrealer

joerugby wrote: »

I did the same as you using the old case reference number and didn't get any response at all. I suspect the old number is regarded as "dead" and therefore my webform was automatically rejected..

I've now resubmitted again without a case number in the box provided but with a reference to it in the text of my claim and I've just received an acknowledgement - so there is hope!

Good to know. I will try that too and set them a time limit. I am really curious what they are going to reply. Even though I can imagine that the reply will be negative.

Dopey1980

Centipede100 wrote: »

If you want to pursue what appears to be a valid claim, you should issue a Notice before Action followed by legal proceedings or hand your claim over to a claims handling company to pursue on your behalf.

You have 6 years from the date of delay to commence legal proceedings in the UK.

One last question, can I use the small claims court in the U.K. or do I have to go to the small claims court in The Netherlands?

Just with KLM being based in The Netherlands I'm a bit confused at how our small claims court can have jurisdiction over them.

Voyager2002

luckyflyer23 wrote: »

please can anyone help me -on friday 26th oct myself, hubby ,16year old son and 13 year old daughter were flying to sanford airport from gatwick with THOMAS COOK .the flight was 30 minutes late due to a technical problem .3 hours into flight there were big bang sounds and apparently flames coming out of right engine. plane was dipping .Captain said we had a few problems and need to land plane .2 hours later we landed in Iceland ,everyone was terrified .why has there not been anything on news or in paper .i have been looking into compensation etc but it seem to state you can`t claim if you landed in a non eu airport .would thomas cook have landed there on purpose ?how can i find out if it was caused by the problem in the first place and i would like people to know about this to stop them going through what we went through .my son says he will never fly again and i`m sure there are a lot more who feel the same

For more information on this incident, and contact details for other passengers organising a joint complaint, see
http://avherald.com/h?article=45819625&opt=0

Dopey1980

delvey wrote: »

You need to reply to KLM with something along the lines of:
"You have claimed that the aircraft had a technical fault but gave no details. If you wish to use this to substantiate a defence of extraordinary circumstances, I ask you to submit proof to me that meets or exceeds the very high standards set out by the ECJ in both the Wallentin-Hermann and Sturgeon rulings dated 22/12/2008 and 19/11/2009 respectively. In this context, it is insufficient to merely claim extraordinary circumstances, as the Regulation requires you to prove it and I would like to examine such evidence"
Make sure you have a read of the 2 rulings as well

I've asked KLM for this and so far they have ignored me. I even tried asking again but when I put my reference number in to their online complaints for it said there was no such file.

I can only hope that the fact they have closed my file and are refusing to provide the information requested that it can only serve to help me in court?