Compensation for delayed flights Discussion Area

nigelpm

Centipede100 wrote: »

Further to this post where the airline claims that Article 35 of the Montreal Convention means that claims should be brought within 2 years of the date of delay, I have discovered this commentary from 2 solicitors at Stephenson Harwood:

In case this article is withdrawn fom public view the relevant paragraphs are reproduced below:

It is anticipated that the delivery of the present judgment will prompt a flood of claims by passengers in relation to flights delayed for 3 hours or more going back to 17 February 2005.

That raises the question of how far back passengers can claim compensation for delayed flights. There is no guidance on this point from either the CJEU or the Regulation. It may be possible to defend old claims for compensation on the basis that they are time-barred under the laws of limitation or prescription that apply to those claims. By way of example, if a claim is brought before the English courts by a passenger for compensation on a flight that was delayed for more than 3 hours in March 2006, the carrier can argue that that claim should not proceed, because the relevant limitation period for bringing such claims – 6 years – has expired. (We may have more clarity on this point soon when the CJEU rules in the case of More v KLM on whether the limitation period for claims under the Regulation should be two years as per the Montreal Convention, but as the CJEU has ruled that claims under the Regulation fall outside the scope of Montreal, this is unlikely).

As the article states, there is a current ECJ case (Cuadrench More v KLM Case C-139/11) where the judgment is due to be handed down on 22nd November which will clarify the time limit issue with respect to the Montreal Convention but I believe the ECJ will rule as they have in the recent judgment that it is the Member States legal process which will determine the time limit for claims which in the UK is 6 years from the date of delay before a legal claim becomes time barred.

That is interesting and hardly surprising that the airlines are attempting to limit their losses at this point.

What would happen if the 2 years is declared the limit though and you contacted the airlines days after the flight (as I did back in 2010) - surely then the point at which you made the first claim was actually within the 2 years?

111KAB

flyguy1000 wrote: »

Can you please check 08.09.12 not 08.08.12
Flight was September 8th, flight 7701
thank you

Sorry my fault I did check the 8th September (not August) and unfortunately same story ie no listing.

flyguy1000

Centipede100 wrote: »

The reason will be whatever the airline states and until you have that reason we are speculating on any possible rebuttal of the reason.

Initial reason before the 23 October decision, was that they simply did not agree with articles 6 and 7 of the EC Regulation 261/2004

Now,theyre stating now that delay was due to bird strike.


Are we then to just take their word for it?

flyguy1000

111KAB wrote: »

Sorry my fault I did check the 8th September (not August) and unfortunately same story ie no listing.

Thank you for looking. I went to the website of aviation herald and noticed that theres only like 20 listings for the past couple years and no bird strikes at all? Is this a limited sample unless you register or something like that?

111KAB

I contacted the CAA as I believe Monarch are stretching the extraordinary circumstances provision as listed under section 4 of their claim form and using the CAA 'name' as confirmation and support of their stance ...... see Monarch claim form here .... https://www.dropbox.com/s/fimcgnqennoear1/EU%20Compensation%20Claim%20Form%20for%20a%20Delayed%20flight%20%281%29.pdf

I copied this claim form to the CAA however whilst they said they were very concerned and they would look into the matter they claimed they could not down load the above. Is there another electronic way of getting this to them or are they making an excuse?

TIA

blindman

111KAB wrote: »

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

I copied this claim form to the CAA however whilst they said they were very concerned and they would look into the matter they claimed they could not down load the above. Is there another electronic way of getting this to them or are they making an excuse?

TIA

I can't connect to that from work neither (works at home) so they're probably telling the truth :cool:

LBD

Thanks Centipede for all your help... here is what I have put inthe pOC... the first para on page on and the whole lot on page 2... again thanks for all you help... anyone who wants to copy this and use it just change your flight details and things.


On 03/04/2012 date my flight number ZB3566 from London Luton to Rome Fuinico was delayed by 6 hours 30 minutes. Under Regulation EC 261/2004 and the Sturgeon precedent case law ruling of 19 November 2009, I am entitled to 250 euros compensation in respect of this delay as it exceeds the 3 hours which was ruled as the limit beyond when compensation is payable by the airline.

I have corresponded with the airline several times regarding this matter and have not received a response despite sending a Notice before Action.
I have telephoned the airline several times sadly again with no response.

111KAB

Centipede100 wrote: »

So you need to uncover evidence that bird strikes are fairly commonplace in aviation operations.

http://abcnews.go.com/Travel/story?id=7419909&page=1

olegunnar32

Hi Martin / All

I was delayed on a flight (Manchester to Sharm El Sheikh) by Monarch for over 5 and a half hours.

They said there had been problems with the original plane so had to charter two smaller planes.
The first plane set off at the normal time and then the second plane over 5 and a half hours later. We didnt get on the first plane because there were other people in front of us in the check in queue who got those seats.

Ive read the articles relating to flight compensation and wondered if someone could confirm something to me please:

I believe I and my partner could be entitled up to £480 each as the distance was over 3,500km and I was delayed more than 4 hours. However, am I also entitled to a refund as well as this compensation or just the compensation or refund?

On the day I asked if I could cancel the flight, but because they originally put the departure time as only 4.5 hours after the original scheduled departure time, they told me I could only cancel if the delay was over 5 hours. Basically they then got everyone to check in and go through to departures lounge, and then delayed the flight again by an another hour......knowing that obviously everyones bags had gone through so noone would be bothered trying to request a cancellation at this point (very underhand tactics)

Any help would be greatly appreciated.
Thanks

JIMBOt

Now The EC Court has pronouced that delay payments must be made going back several years who can you go to to claim this compansation now BMI baby is no more?