Compensation for delayed flights Discussion Area

Alun

Hi all,
Just an initial query.

My BA flight from Heathrow from San Francisco arrived 255 minutes late. We boarded the plane on time and after a delay we were told that the driver of the vehicle that pushes the aircraft out noticed some feathers in one of the engines [why these weren't noticed on pre-flight checks of the aircraft..?]

Eventually, they decided that the plane had had a bird strike and that we would need to change aircraft. You can imagine the delays etc. Got a free voucher for food etc but very few places accepted it [but that's a totally different matter].

Should I persue compensation as I've looked at the MSE site and followed all the instructions about finding the delay details etc. or does this count as being outside of the Airline's control?

Thanks

Alun

Liquorice_Twirls

Centipede100 wrote: »

Your delay is so close to the cut off time that you will have the devil's own job of convincing the airline to pay up. You will have to start a court claim to force the airline to disclose its records and only then may you find out that it is correspond you have no claim.

Your choice but this is one you may have to let go.

Thanks for your advice. It seems a bit strange that the airline themselves are the timekeepers in all of this. "We were on time honest". Isn't there an official place where these arrival times are logged? Would the CAA have the information?

jeffsirrah

Centipede100 wrote: »

Any claims for delay compensation would normally be against the operating airline but you are unlikely to receive anything as Strategic ceased operating last week.

Unless your travel insurance pays out for a 9 hour delay then put this one down to experience.

Hi and thanks for the information. However is there any chance of a collective or individual claims against the employing tour operators Olympic Holidays. Olympic Holidays built the holiday packages up, They selected and employed Strategic Airline for the flight operators. The flight record and number of planes would have shown that Strategic Airlines had a very poor customer service record. it is also alleged that the company changed offices on regular occasions for 'presumably' strategic trading reasons. Olympic did not offer a choice of airline all of it was part of the Olympic package.
Last summer my partner and I also had the 9.5 hour delay along with the loss of are inclusive meals and drink facilities. When we did arrive late and dishevelled we than had to purchase our much needed refreshment from are own hotel.

If Olympic don't have a legal responsibility do they have a moral one. The choice of airline was down to Olympic. Olympic do offer good holidays i would hate for deferred claims to break or weaken this company however holidays were spoilt. Perhaps a percentage off new holidays could be the alternative.

Regards Jeff

lkmcbride

Hi, I was wondering if anyone had any advice. My flight from London to Entebbe, Uganda via Brussels, with Brussels Airlines in 2007 was delayed by 27 hours, (in the end they took me to Brussels and put me up in a hotel for a night while waiting for the delayed leg), but the delay meant I missed Christmas Eve with my sister and spent a good part of Christmas morning travelling to my destination. After seeing the article I wrote a letter to the airline, who have now responded:

---

Seen the fact that for the above claim files, the incident took place almost 5 years ago, we must decline a request for compensation. The opinion of our company is that actions based on the EC Regulation 261/2004 are time-barred after a period of one year following the application of the Belgian Law of 25 August 1891 (article 9). In Belgium, the ancient law of 1891 is still applicable on "actions resulting from a contract of carriage of persons" (see article 9). As such all actions that are resulting from a contract of carriage of persons and for which no other law or international Convention is applicable are subject to this law and consequently time-barred after one year.

In order to be complete, we draw your attention to the fact that article 19 of Brussels Airlines General Conditions of Carriage is also subject to the Belgian law, unless the application of another national law is mandatory.

Therefore, we cannot comply with your request for compensation.
----

Is this just legal jargon written with the intention of stopping me taking this further? Or does this somehow exempt them from the ruling?

Many thanks in advance, Laura

richardw

lkmcbride wrote: »

...Is this just... written with the intention of stopping me taking this further? ...

Yes, it's easy to write to give you the brush off, there's nothing stopping them, and it could save them money.

lkmcbride wrote: »

... does this somehow exempt them from the ruling?...

Nope.

Kittenonthekeys

Sorry if my question has been covered before but couldn't find any similar situation on here.
Back in 2007, I flew with Thomas Cook Airlines from Paphos, Cyprus to London Gatwick and my flight was delayed at Paphos airport for more than 3 hours - I can't remember the exact reason but have only just learned that I may have a claim if it meets certain criteria.
I still have my flight boarding pass (the only documentation I kept) stating the flight no., and checked it on Flightstats.
Although the flight is listed on Flightstats and all other details are there, the crucial 'scheduled departure' time is missing/blank and apparently unavailable, so how can I prove that the flight was actually delayed for more than 3 hours?
Unfortunately, 'actual' arrival time at Gatwick is stated on Flightstats as being only 2.5 hours after 'scheduled' arrival time, but the delay was definitely over 3 hours; closer to 4 hours. After a very long time, we were eventually given a food voucher.
I had planned to send a copy of the delayed flight template letter to Thomas Cook, but presume there is no point in doing so without being able to show the 'scheduled' departure time; unfortunately neither does my boarding pass say what that was.

Any advice greatly appreciated.

robster999

Hello
I can see from reading through much of this discussion how helpful many people are here. In particular Centipede100 stands out as particularly knowledgeable. The info has been great and I'm hoping someone will be able to help me a little further.

My situation is as follows and I apologise in advance if I fail to keep it as brief as possible. I will be completely honest and admit that I have only decided to pursue my own claim as a result of Martins recent article in the weekly email.

Firstly, to clarify "my claim" there are two separate claims I have put in to Thomas Cook so far. My wife was lead name on one booking and my daughter the lead name on the other. Both letters were in their names and today an identical reply has been received for both.

Our situation was regarding a delay on 30th June 2010 and the delay as far as I can say is a cast iron fault of the airlines and fits well into the criteria for what I believe to be a vlid claim. I am prepared to do the letter to the CAA now I have received a reply from Thomas Cook, and if I have to do so I am quite prepared to pay the costs to take the matter to the small claims court.

Basically what Thomas Cook are telling me is that I do not have a claim because I am out of time. I will type the relevant extract from their reply to explain.

"Our booking conditions state that a letter of complaint or claim should be sent to our Customer Relations Department within 28 days of their return from holday. Failing to complain within 28 days of return may reduce or extinguish any rights the guest has to make a claim from us and ultimately may mean that we are unable to investigate your concerns.
In light of the above and due to the time that has elapsed since your return and writing to us, I regret to advise that we are unable to investigate the comments."

So, it seems that we don't have grounds for them to even consider our complaint because of their statement regarding booking conditions etc. I notice though with interest, their use of the word "may" in that extract above, and that is why I would very much appreciate the views of others who may also be in this position.

I will gladly share more information if anyone needs it to help us, but I am conscious of waffling on too much about the circumstances if they are just going to say no because of the time elapsed.

Thanks

richardw

Kittenonthekeys wrote: »

...'actual' arrival time at Gatwick is stated on Flightstats as being only 2.5 hours after 'scheduled' arrival time, but the delay was definitely over 3 hours;...

If there's no record of arrival time being 3 hours or more, then what would you say in front of a District Judge?

richardw

robster999 wrote: »

..."Our booking conditions state that a letter of complaint or claim should be sent to our Customer Relations Department within 28 days of their return from holday. Failing to complain within 28 days of return may reduce or extinguish any rights the guest has to make a claim from us and ultimately may mean that we are unable to investigate your concerns.
In light of the above and due to the time that has elapsed since your return and writing to us, I regret to advise that we are unable to investigate the comments."..

It's EU Law and their T & C's can't overrule EU Law. They're giving you the brush off.

BTW research about you representing your wife and daughter in the small claims court, if you get it wrong, it'll slow matters down.

Kittenonthekeys

richardw wrote: »

If there's no record of arrival time being 3 hours or more, then what would you say in front of a District Judge?

Not sure if a District Judge would come into the equation it's not exactly the crime of the century....
but I would question why there is no record of the scheduled departure time.
Obviously not a case worth pursuing, but thank you for your response.