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Compensation for delayed flights Discussion Area

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  • Voyager2002
    Voyager2002 Posts: 16,297 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Keldin wrote: »
    After resubmitting my claim for delay compensation to AA after the recent ruling I received the following response from AS

    "With the recent outcome of the court ruling in favor of passengers who have been inconvenienced due to flight cancellations/delays that they should be compensated in monetary terms. However, as an airline we are not obligated by this ruling to make monetary payments for flights delayed/cancelled before the court ruling date of October 23. We are sorry to inform you that we have to deny your request for monetary compensation"

    So if I read this right the are claiming the ruling enforces compensation for delay but quotesthe slate clean for them?

    K

    I think this comes under the heading "just trying it on". Or perhaps it was written by an American who does not understand European law. Anyway, the only response has to be "try saying that in court and watch the judge laugh". The recent ruling clarifies the law, which has been in effect since before 2006.
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    edited 16 November 2012 at 1:42PM
    linder6015 wrote: »
    Any one remember the details of this flight, the delay was about 8 hours, think it was Easyjet, sat in airport til they sent a rescue flight around 3.00am, no food offered, nothing at all on plane, they did not even have water. Staff in airport went home, everything closed, no info.

    Was it U2 522 Thur 25 Sep ?

    U2 522 1:00 AM ~ 2:20 AM

    or U2 522 sat 6 Sep?
    Posts are not advice and must not be relied upon.
  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Keldin wrote: »
    After resubmitting my claim for delay compensation to AA after the recent ruling I received the following response from AS

    "With the recent outcome of the court ruling in favor of passengers who have been inconvenienced due to flight cancellations/delays that they should be compensated in monetary terms. However, as an airline we are not obligated by this ruling to make monetary payments for flights delayed/cancelled before the court ruling date of October 23. We are sorry to inform you that we have to deny your request for monetary compensation"

    So if I read this right the are claiming the ruling enforces compensation for delay but quotesthe slate clean for them?

    K

    As per Centipde100 answer a while back
    Write the airline a Notice before Action, giving it 14 days to settle or they face legal action to recover the compensation due.
    Because as people are discovering and what Centipede100 warned against the airlines won't just send a cheque so it's pointless arguing with them.

    Though it does ellicit some "creative" answers :D
  • blindman
    blindman Posts: 5,673 Forumite
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    edited 16 November 2012 at 2:16PM
    Mark2spark wrote: »
    Blindman,
    Monarch have now issued a new, more searching, claim form, as detailed by a poster named as 'Charltonfan'.
    Here: https://www.dropbox.com/s/fimcgnqennoear1/EU%20Compensation%20Claim%20Form%20for%20a%20Delayed%20flight%20%281%29.pdf

    Perhaps it might be worth including this link in your oft repeated FAQ's?
    I was trying to get it to open before I put it in the FAQ's-Won't work for me (at work at the mo :cool:)

    I've pasted it into the last FAQ's can you test to see if works?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    blindman wrote: »
    I was trying to get it to open before I put it in the FAQ's-Won't work for me (at work at the mo :cool:)

    I've pasted it into the last FAQ's can you test to see if works?

    No it still links to my example claim forms, ie the original ones that Monarch handed out.
    Which I filled in and sent off btw, just waiting now for Monarch to re-issue *new* claim forms for me to further delay things :rolls eyes:
  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Your link takes one back to a previous FAQs post not the most recent.

    Try this link:

    https://www.dropbox.com/s/fimcgnqennoear1/EU%20Compensation%20Claim%20Form%20for%20a%20Delayed%20flight%20%281%29.pdf

    I've updated the FAQ's at post 2990
  • LBD
    LBD Posts: 261 Forumite
    Mark2spark...........have you submitted your county court paperwork yet??...

    I don't think we will be sent the new "claims" form as ours were amoung the first submitted..

    I am sure I did read a couple of pages back that the CAA will contact airlines who have not settled within 28 days....

    IMHO Monarch put that in the new claims info to "foil" claimants, as they are still stating in emails and on the phone a min 6-8 weeks..

    It grates waisting the courts time with this, but sadly they are forcing the issue, such a shame "wasted courts costs" could not be included or added, it might just get them to move...

    :):)
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    With regard to section 4 (conditions) of the Monarch application form their 'excuses' would appear to cover every eventuality known to man and I cannot think of many circumstances where they could not 'cover' themselves for a delay and indeed, as has been mentioned in a few preceeding posts, the airlines can make up any story regarding why a plane was delayed and quite frankly most of us would not be any the wiser. Monarch also refer to the extraordinary conditions being clarified/stated on the CAA website however I am having difficulty in finding. Can anyone point me in the right direction please?
  • Hi

    I was on a Thomson flight from Mexico back to Gatwick 2 weeks ago, the flight was cancelled by 24 hours because of technical problems with the aircraft and we flew back the next day. I figure that an an EU airline flying into an EU country myself and my girlfriend would be liable for compensation, but I've heard nothing back from their customer services department yet. Am I right in my assumption or am I out of luck?
  • blindman wrote: »
    Send a Letter Before action as per the template written by Centipede100

    Give them 14 days to respond, then file a MCOL.

    Look out for the update to the 2 year rule as per Article 35 of the Montreal Convention.


    :mad: :mad: :mad:
    Not a happy bunny!!

    I was also conversing with KLM via Facebook as customer services wouldn't accept emails and you had to do it by a form which doesn't work. So, on their response I got back in touch with KLM via Facebook to say I wasn't happy and would be issuing a letter before action.....

    And today I got this!!!

    Thank you for your reaction which we received via our social media department.
    In regards your request for compensation, KLM stands by its original position. This file will now be closed. Any further correspondence will be filed, and will remain unanswered.
    We regret your dissatisfaction in this case.

    So basically, they're telling me I can send my letter but they have no intention of answering it!!

    I'm fuming and they will still be getting their letter!!!!
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