Compensation for delayed flights Discussion Area

blindman

Sparks33 wrote: »

Here's the response I have received from Sleazyjet regarding a 10 hour delay in 2010. This delay meant that I missed my train home to Cornwall so had to buy another ticket, and also a nights accommodation and a days wages!

Does anyone have any suggestions as to what to do next?

[STRIKE]
15th November 2012

Dear Colin,

Thank you for contacting us.

I was sorry to learn that your flight was delayed and for any inconvenience that this may have caused you.

Regulation EC261/2004 states that compensation is payable for long delays if it was for a reason that, had the airline taken reasonable measure, could have been avoided.

After having checked our records I can see that your flight was delayed as a result of a technical fault with the aircraft's hydraulic system.

During normal operation our aircraft will undergo the following checks:

Pre- flight - before every flight
Daily - once a day
Weekly - once a week
E check - every 66 Days

As you can see from this information our aircraft are given very regular safety checks and as such, if an issue were to arise between 1 check and the next i.e during the flight, unfortunately
[/STRIKE]

Waffle

such a technical issue would be unavoidable and therefore considered as an extraordinary circumstance.

Not true

Inline with Regulation EC261/2004 I will therefore have to decline your request for compensation on this occasion.

Not true
I do however hope that this will not deter you from travelling with easyJet again in the future.

Yours sincerely

Mark Forsythe
easyJet Customer Services

Send the template letter Centiped100 wrote stating that Technical fauls are NOT extra ordinary circumstances with thelink to the case that founded it.

Lookfor my FAQ's a page or so back.

IMHO you are entitled to claim.

Sparks33

blindman wrote: »

Send the template letter Centiped100 wrote stating that Technical fauls are NOT extra ordinary circumstances with thelink to the case that founded it.

Lookfor my FAQ's a page or so back.

IMHO you are entitled to claim.

Thanks, but where do I find that template letter?

Sparks33

Just to add.... I have already had much correspondence with EJ concerning this delay and I remember quoting the EU regulations at the time but found myself getting nowhere fast. They eventually refunded the cost of my flight, but refused to go any further despite me being several hundred pounds out of pocket due to the delay.

This latest news has given me fresh hope, and a little enthusiasm to persue again, but I don't think it'll be straightforward...

Sparks33

Thanks Centipede... although I sent EJ a written letter via registered post, they have replied via email. Would you recommend replying to them via email or sending a written reply?

jacksback

Centipede100 wrote: »

Well try leaving off the letter at the end of the flight number and you will find that your outbound flight departed over 5 hours late from MAN. I seem to recall that there was a fair amount of snow at the time so wondered what reason the airline gave you for the delay.

Brilliant Centipede,, I would never have thought of doing that! No,, no snow,, no reason at all given for both outbound and inbound flights being 5 hours delayed.

Mark2spark

jacksback wrote: »

Don't know how to link but this was my first post,, no travel agency involved just flights direct with flythomascook.

I flew with Thomas Cook at christmas and my outgoing flight was delayed for 6 hours which I accepted but when checking on my return flight the day before it was due to fly I was told it was delayed for 6 hours! I was then informed I needed to check in at the normal time.. So they were actually planning for their customers to sit in the airport for 8 hours when obviously this was avoidable.

No explanation for delays given.

111KAB wrote: »

Same story to me ie response within 6 > 8 weeks so I took decision to go via MCOL - at least that way they SHOULD respond within 14 days. Thanks to Centipede wording established and now I am seeking compensation + court costs of £35 + the grand sum of 9p a day interest!

I sent my claims form by recorded D on 31 Oct, no response, so this wednesday (14th) I emailed them (using their own 'contact us' form on their website) asking for confirmation of receipt, a claims number, and an expected settlement time.
No reply as yet.
They now have 12 days left in order to respond, then they will get a LBA with a final 14 days.
I just want to build up a chronology of reasonable asks before taking the matter to court.

Mark2spark

Centipede100 wrote: »

The airline is correct in this aspect and see the table below from the CAA:

How much compensation may I be due?




Length of flight Delay to destination Compensation due
Up to 1500km More than 3 hours €250
1500km to 3500km More than 3 hours €400
More than 3500km More than 3 hours, but less than 4 hours €300
More than 3500km More than 4 hours €600

Following on from 'Charltons' post with a link to the new Monarch claim form:
https://www.dropbox.com/s/fimcgnqennoear1/EU%20Compensation%20Claim%20Form%20for%20a%20Delayed%20flight%20%281%29.pdf
I appear to be reading it different to you Centipede, so we might as well clear this up.
I take on board your post from the CAA.
However, guidance notes from Monarch, last page on the link, at points 2 + 3, appear to suggest that Monarch will reduce your compo amount, by 50%, *across the board*, ie no consideration is given to the shorter distance flights tables, only the 3 hours to 4 hours delay is mentioned, no distance.
So an initial glance would suggest that a 3 hour 30 minute delay for a flight up to 1500km would be reduced from €250 to €125 pp.

That's how I'm reading it anyway.
Of course I realise that it isn't correct, or in line with the ECJ ruling, just pointing it out, that's all.

Dopey1980

rusty_frog wrote: »

I note that you have a few problems and that you dont want to involve 3rd parties to handle any claim for you.

If you are serious about submitting a claim, perhaps you should consider the Money Claim Online route.
This can obviously all be done on a computer.

There a a few links on here to the MCOL one of which is on Blindmans recent update on links etc.

Thanks.

Centipede100 wrote: »

I see your delay was just over 19 hours in total. Have you got the reason for the delay in writing because that's what you will need before you do anything else.

The airline won't have responded until after the 22nd so get on and write for the delay reason now.

I asked my only friend to help me with the small claims court forms and he flatly refused. He says I only want to claim the money out of the greed. He doesn't get the fact that the ECJ has ruled that we are entitled to this money fairly and squarely. He has said because KLM haven't issued me with full details of the delay (other than informing me the delay the caused by 3 broken toilets) then the court won't look at my claim because I don't have all the necessary evidence. Is he correct?

Centipede100 wrote: »

That's fine for the initial part of the claim. Once the airline issues a defence however, it reverts back to the county court for allocation to the small claims track (and therefore court).

:(

This was the last response that I got from KLM.

"Dear Mr Barker

Thank you for your message dated 11 November regarding the delay to your flight KL677 on 1 October, 2009 from Amsterdam to Calgary.

I have been in contact with our Operations Control Centre in Amsterdam who confirm that the flight was delayed due to a number of toilets being inoperable.

I regret that this situation was entirely unforeseeable and not one that could have been avoided even if all measures had been taken to present it from happening. This may have been caused by customers on the previous flight the aircraft had operated.

Additional ground time was created to solve the problem and give the maximum service to our customers.

We maintain our position that this is not a situation where there is an entitlement to compensation according to EU Regulation 261/2004.

I am sorry our response cannot be more favourable and regret that we are unable to enter any further correspondence on the issue.

Yours sincerely,

J Silverstone (Mr)
Customer Care Europe"

Despite me sending them the following twice I don't think they have gave a satisfactory explanation...

http://forums.moneysavingexpert.com/showpost.php?p=57053241&postcount=2262

Now, a financial advisor that works for the Housing Association I am with has offered to help with the small claims court forms. She has never done one before so it would be like the blind leading the blind.

I have another friend in London who is willing to help in her spare time but I'm concerned that her knowing English law and me being under Scots law might confuse matters. She has filed hundreds of small claims court claims....in England. Does anyone know if there is much difference between English and Scots law as far as small claims go?

Once I issue a LBA giving KLM 14 days notice, do I immediately submit my claim to the court or do I wait 14 days then submit it?

eftid

Dear Expert in Claiming,

I would like to ask for your opinion in my case of delayed flight with Malaysia Airline.

We, I and my husband, had a delayed flight a year ago. The route of the flight was from Frankfurt - Kuala Lumpur - Jakarta. On the first flight, we had a one day delayed due to technical problem on the airplane. We received good services such as meals, transportation from/to a hotel, an accommodation for overnight stay, and telecommunications allowance.

We were informed our rights as a passenger. Therefore, we asked for a compensation amounting 600 EUR/person. The customer service of the airline had replied on our inquiry. To make long story short, they offered us a complimentary ticket from Frankfurt to Jakarta via Kuala Lumpur and return.

To accept this offer, we have to sign a document called Receipt & Discharge form. The ticket has some restrictions, such as only flights departing outside German holidays, promotional rate, etc. This is not a problem to us. What concerned us is that it states "All taxes and excess baggage and other charges shall be for the account of the ticket
holder." As we all know, taxes and surcharges have big share in the total price of a ticket. Let say a 1000 EUR ticket is built from 550 EUR ticket price + 350 surcharges + 100 taxes.

We know with 600 EUR financial compensation another ticket from other airlines or on promotional rates can be bought.

So we would like to read your opinion(s) on this case. Would you accept the offer from the airline? Would you insist on 600 EUR compensation? Tell us your answers. Many thanks in advance to whom has taken time to reply on this thread.

redddevil

Hi,

Apologies if this is answered elsewhere but haven't been able to find it.
I put in a claim to Easyjet for a delay in October 2006 and have received a reply saying:

"As stated in domestic law, each EU Member State has different applicable laws on the limitation for claims to be brought by the claimant. In the United Kingdom the time limit is 6 years and as your own claim is now outside this time period we are unable to consider this further".

Is this true or is the Feb 2005 date quoted in MSE article correct?
TFYH