Compensation for delayed flights Discussion Area

Mark2spark

richardw wrote: »

The regulation clearly says 'operating air carrier'.

BA crew do not operate AA aircraft.

Not wishing to start an argument Richard, I would just like to be clear for all users.

Can you state that with any certainty? If so, how come?

I ask as I have been on an Easyjet flight, with easyjet painted on the side of the plane, yet it had a BA crew.
It was following Easyjets takeover of Brittania a few years ago.

Mark2spark

LBD wrote: »

Good Morning all here is the email sent by Monarch this morning ...lol

Hello, thanks for your recent claim.

Currently we are missing a copy of your passport. Please reply to this email with the information attached, so we can process your claim for you.

Kind Regards
David Bulut
Monarch EU Claims Advisor
euclaim@monarch.co.uk



How odd they have already confirmed they have received everything!! ont he 2/11/2012 and some 3 weeks later claim this!!!...

It was sent they lost it, which IMHO is extremely serious, a passport page with numbers and pictures!!! nice to know they are careful and diligent!!!...

County court paperwork dispatched...

for anyone who is going to make a claim here is the link to the site...you can fill the form in all typed up and print it off...

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338

I have to say I am totally disgusted with Monarchs tactics and will never use them again..whilst its kind of them to offer an additional 25 euros if you accept the compensation as their travel vouchers and the thought did cross my mind till I compared the holiday and found with Monarch it was £1,383 and with another operator £982!!!! ..

will keep you posted....

Hmmm. I think I would be tempted (seeing as you have already initiated court) to write to them informing them that you have already sent the passport photocopy by recorded delivery, and that they also have the passport details via the API divulged before flight was commenced, therefore you have no option other than to supply a further copy of your passport at a cost of £75.00. Please forward the fee via paypal/bacs etc and the copy will be forwarded shortly afterwards

Mark2spark

Opinions please.
Does anyone see that there is a legal requirement to supply copies of passports in order to 'qualify' for compensation?

Mark2spark

racoons wrote: »

If anyone can help regarding the flight delays i would really appreciate it!
we have just arrived on holiday after a 30 hour flight delay. it was a package holiday with Thomas cook and we were due to leave gatwick for Cancun. apart from being a complete nightmare with TC not telling us anything at all, and only giving us a £6 food voucher at the airport we asked about cancelling adn were told no, we would loose all our money. we asked about compensation and they said go through our insurance company.
It would appear at first look on here that we should be entitled to the full compensation, but our reps says it doesn't cover charter flights? if anyone has had a similar circumstance and could advise??
package = 30 hours delay = ??compensation??
thanks

I think I might be tempted to enquire with your on site reps if a written explanation of the reasons for the flight delay was available? I'd also think that something in writing on their headed paper stating that compo doesn't apply to charter flights might be a good one as well

leec79

I have started to claim money back for a flight that was delayed for 11 hours with Germanwings. It was a faulty part on the plane, so I believe I have a valid claim.

My request for compensation has been denied by Germanwings with the following reasoning:

"[...] we refer you to litigation C-413/11 at the European Court. Even courts in Germany have suspended respective proceedings. Since there are reasonable doubts that compensation needs to be paid in case of a flight delay a payment has to be declined."



A translation of C-413/11 question posed by Germanwings themselves against 261/2004, is as follows:
Is it compatible with the principle of the separation of powers in the European Union if, in order to remedy what would otherwise be unequal treatment, Regulation No 261/2004 (1) is interpreted as meaning that a passenger who is affected by a mere delay of more than three hours is entitled to compensation under Article 7 of the Regulation, although the Regulation provides for this only in the case of denied boarding or cancellation of the booked flight but, in the event of delay, restricts the passenger’s claims to assistance under Article 9 of the Regulation and, if the delay is for more than five hours, also assistance under Article 8(1)(a) of the Regulation?



So, it seems to me they are hiding behind what looks like an outstanding question relating to Regulation 261/2004. From what I can see this ruling is still 'pending' with the ECJ.

I'm afraid this is where I get lost a little - did the 23.10.12 judgement not overrule C-413/11? Can / should I quote back the other rulings that were made on 23.10.12? IS it worth going back to Germanwings with anything, or do I just start small claims court proceedings?

Any help out there would be gratefully received!

Thanks
Lee

Mark2spark

Claire55 wrote: »

Hi. Any advice? Our flight from Kefalonia was delayed I think for over 4 hours on 26/06/2011. I can't find the details on Flightstats. It is not listed. I know we flew out with Tor Air following Olympics quarrel with Monarch but cannot remember who we fle back with!

Write to the CAA?

Mark2spark

flyguy1000 wrote: »

they seem to still be resisting the ruling even following the 23 October decision...is this possible?!





"..Dear mr. xxxx,

Thank you for your answer.

Please be informed that the wording of the Regulation reflects the intents of the European Commission as the legislative body: the compensation set out in Article 7 is only due to the passengers whose flights are cancelled (if the reason of the cancellation is not an extraordinary circumstance), and not to passengers whose flights are delayed – irrespectively of the reason and the length of the delay.

The official documents form the Operational Department about the delay can be issued only for the Authorities. This means that Wizz Air refuses to issue the official documents about the birdstrike event to you. Thank you for your kind understanding.

Thank you for your time and consideration.

Yours sincerely,

Customer Relations Department..."

Well I would firstly write back and ask for written evidence (ie which Law) states that this is the case. I would refer to the website that has been linked on here (flightstats?) that shows birdstrike delays being available on a public domain.

Secondly, - I write this so that it may be of use to others with a similar, but slightly different circumstance - (although half the 'readers' of this thread obviously don't read the info, hence the repeated ask of who to claim against when an airline has gone bust ) there is an avenue via the courts that can be used.
Remember that i'm not a lawyer, but I do have knowledge of court processes'.
You can apply to a Court, relatively cheaply, under a 'Specific Issue Order', basically you are asking a judge to issue a Court ORDER, and in the circumstances above you would outline a case where you show that you cannot decide whether further court action is to be issued due to the lack of documentary evidence forthcoming from the airline. Also stating that it's up to the airline to prove the reason for the delay, not to just say 'cos we said so, go away'.
So basically you are getting a court order that FORCES the airline to provide the documentary evidence that you seek.
Just my way of thinking, but if they don't have it, then they are digging themselves a deeper hole and that they might well settle rather than divulge info that contradicts their claim (birdstrike).
But others of course - remember i'm not a lawyer - might well say don't faff about and get the whole thing under the nose of a judge. But be prepared for an adjournment if the airline ask's for time to provide the documentary evidence that you demand as proof of the reason for the delay.
Someone said it wouldn't be a simple letter writing exercise...

Fair_for_all_2

Discussion #1050 page 53

Couldn't wait for ruling re flight delays having being treated so disgustingly by Tor Air June 2011. Having kept correspondence/claim on hold just found out that Tor Air ceased trading December 2011. Previously passed around from Co op Travel and Olympic until dizzy. Do I still have any rights with either Company re a claim for my woes?

alwayslate_2

help, I had an 8 hour delay to benidorm in 2009 the flight was with Globespan can I still claim compensation?

Caz3121

airline bust = no claim