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Compensation for delayed flights Discussion Area

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  • Hi
    Still waiting for a response from TC regarding a 7 hour delay on flight to Gran Canaria last year.
    I did complain at the time when we returned from hol but got no joy, also the CAA said that TC had met their obligations by providing us with a £5 food voucher.

    When the new ruling came into force I contacted them again but I am still waiting (maybe no news is good news!!)

    Has anyone had any success in getting them to pay up?
    Thanks Mills
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Hi
    Still waiting for a response from TC regarding a 7 hour delay on flight to Gran Canaria last year.
    I did complain at the time when we returned from hol but got no joy, also the CAA said that TC had met their obligations by providing us with a £5 food voucher.
    When the new ruling came into force I contacted them again but I am still waiting (maybe no news is good news!!)
    Has anyone had any success in getting them to pay up?
    Thanks Mills

    Early days yet but reading this forum (and others) TC/KLM/Ryanair seem to be putting obstacles in the way of claims, Monarch slightly less whereas a few people seem to be getting decent response from EasyJet
  • Great customer service from TC..NOT!!!!
  • Legal costs are not usually recoverable by either party in the small claims track of the county court. They are occasionally granted when one of the parties has been found to have acted frivolously, vexatiously or unreasonably in the case. I believe that where the law is absolutely clear and the defendant is trying to put up an argument not to settle due to false reasoning then that is one possible instance when it could be said that they were acting unreasonably and costs might be claimed but see my first sentence.

    Note that costs I mention above do not refer to the fees that are paid to the courts service to bring a claim or hearing fees which have to be paid upfront by the claimant. If you win your case then the defendant mascot pay these in addition to whatever compensation you are awarded. If you lose on the other hand these fees are lost.

    Right, so let me get this right..

    I have to pay £100 or whatever it is to lodge the claim, I understand that. Is that the same as hearing fees or is that something in addition to the costs of bringing the claim?

    And then I have to pay for a legal representative? Or can I do it without? If I have to have a solicitor, even if the case is found in my favour I could end up paying out more than I gain in solicitors costs. :(

    What about using a company like claims direct where they claim costs over and the compensation awarded?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    I do not think Claims Direct deal with flight delay claims merely accident claims. There are firms that deal with flight delays .... one here ..... http://www.flight-delayed.co.uk/flight-delayed/?gclid=CNymjoPw1bMCFaTKtAodkxkALw
    They do not state, however, how much their fees are if it has to go to Court and indeed it does not even state if they are prepared to go to Court on your behalf.
  • RedBern
    RedBern Posts: 1,237 Forumite
    Quote:
    Originally Posted by RedBern viewpost.gif
    Had a quick read through the guidance, we were delayed by 6 hours in 2007due to the fire around Dubrovnik which delayed all transport. Am I right in my reading that we can claim a refund for this even if it is out of the control of the airline?

    Sadly you are mistaken. IMO your claim would fail.

    Quote:
    Originally Posted by Centipede100 viewpost.gif
    Did you (eventually) take the delayed flight? If so then no refund is due.

    yes we did - thanks for your help though. [/QUOTE]
    What if my flight was cancelled or delayed by over five hours?
    If a flight is cancelled, or delayed by over five hours, you are entitled to your money back for the ticket cost or re-routing, plus meals and accommodation in some cases. (Correction - if your flight is delayed by 5 hours or more, you are entitled only to a refund of the ticket cost plus a return flight to the first point of departure, at the earliest opportunity not to a re-route, after all you are waiting for a delayed flight not a cancelled one! Meals and accommodation costs may also be claimed if relevant to the passenger's situation).
    You're also entitled to compensation of up €600, but if you go for the refund option, you cannot apply for compensation for the delay on top of this.

    This section of the MSE advice is very confusing (to me:o) still.

    We were delayed by 6 hours and aren't entitled to any compensation as the plane eventually took off ? My daughter has just received 250eu for delayed flights this summer with easyjet - they were delayed by 3.5 hours - they travelled eventually but have been paid.?

    Am I being very dense.;).................:o
    Bern :j
  • Gorbar
    Gorbar Posts: 111 Forumite
    We have got 2 claims in.
    Thomas Cook 9 hours from Corfu in October, they can't even be bothered to acknowledge , so no idea how long they will take.
    Thomsons, after contacting them reopened my claim from last December 6 hour delay from Paphos & have informed me it will take 6-8 weeks.
    Having read that easjet are already paying out, why is it taking theTour Operators so long
  • Caz3121
    Caz3121 Posts: 15,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RedBern wrote: »

    We were delayed by 6 hours and aren't entitled to any compensation as the plane eventually took off ? My daughter has just received 250eu for delayed flights this summer with easyjet - they were delayed by 3.5 hours - they travelled eventually but have been paid.?

    Am I being very dense.;).................:o

    The reason for the delay/cancellation is important. It sounds from your post that your delay was caused by something completely outwith the control of the airline...." we were delayed by 6 hours in 2007due to the fire around Dubrovnik which delayed all transport."

    This would count as extraordinary circumstances so the airline does not need to compensate you as it was completely out of their control
  • I have made a claim for a flight in October 2006 but the airline have advised this cannot be considered as it is more than 6 Years after the event - I thought from everything posted you could claim back to 2005??......??
  • LBD
    LBD Posts: 261 Forumite
    Centipede100....I have tried to find the post but cant, memory a lady asked you a wee while ago could she claim both from the airline and her aunts travel insurance...

    memory says, you said yes she could, or have I made a mistke, sorry for asking, I have tried otlook..
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