Compensation for delayed flights Discussion Area

scoop99

earlier this year i was delayed 15hrs from Singapore to Heathrow on a Qantas flight due to technical fault with the plane.

does this fall into the claim category ?

tk99uk

I have a slightly more unusual situation. I have been on an Easy jet flight from Gatwick to Gran Canaria. The plane left the stand and started to taxi to the runway then developed a technical fault. We then went to a remote stand and waited on the plane for 2 hours whilst they attempted to fix it.

After 2 hours they gave up and decanted us directly to a new aircraft without returning to the terminal. We had a further 2 hour delay whilst they did this as they had to source buses, get an ambi-lift for disabled passengers, move the luggage etc.

We left just on 4 hours later than scheduled and arrived a little over 4 hours late. Do you think it's worth putting in a compensation claim? The regulations aren't clear about delays after boarding. Thanks.

PS. We were offered £3.50 towards a drink/sandwich but didn't actually get this until the 2nd plane was in the air. We had no drinks or food at all during this 4 hour delay. They said there was no water on the plane.

Daza

tk99uk wrote: »

We left just on 4 hours later than scheduled and arrived a little over 4 hours late. Do you think it's worth putting in a compensation claim? The regulations aren't clear about delays after boarding. Thanks.

Yes, as the compensation is payable if you ARRIVE at your destination more than 3 hours late

northwest1965

At the risk of sounding like an idiot:o what is NBA?

Daza

northwest1965 wrote: »

At the risk of sounding like an idiot:o what is NBA?

NBA = Notice Before Action

It is a letter to say that if they do not respond within 14 days you will start legal proceedings ---- Below is a copy of the letter for a NBA

NOTICE BEFORE ACTION

[Airline customer service address]
[date]


Dear Sir/Madam,

Compensation claim for delayed flight: NOTICE BEFORE ACTION

I am writing regarding flight [flight number] on [date] from [departure airport] to [arrival airport] with the scheduled departure time of [scheduled departure time]. My booking reference is [booking or reservation reference if available]. This flight arrived [number of hours] hours late at [airport].

The passengers in the party were: [names of party].

The judgment of the Court of Justice of the European Union in TUI & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was [number of kilometres], therefore I am seeking [if less than 1500km: €250, if more than 1500km but less than 3500km: €400, if more than 3500km: €600) per delayed passenger in my party. The total compensation sought is €[].

Should my claim not be settled in full or you do not respond with a full valid defence to my claim within 14 days of the date of this letter, I reserve the right to commence legal proceedings without further notice


Yours sincerely,


[passenger name]

WestHamDaz

fabkids wrote: »

BA have now confirmed that all three of us will receive €600 each.
I have to say BA have been excellent.

:T

thats good news, so far BA have failed to acknolwedge my complaint. Letter sent over 2 weeks ago, follow up email sent yesterday. Giving them a further 2 weeks before taking things further.

Do you have a spefic contact at BA who you have been dealing with?

gmar96

Hi,

Just got a response citing 'extraordinary circumstances'...from Qatar airways

Thank you for your letter dated 7th November regarding your family's flights from
Manchester to Manila via Doha on 12th July 2010.

Our Customer Relations Head office in Doha (tell-us@qatarainnrays.com.qa) originally
handled your case and issued you with Travel Vouchers for your family (GBP162/-
each) in respect of this delay and our records show that these have already been used
as part payment towards a new booking.

We note from our records that your family's EU flight QR046 from Manchester to Doha
on 12th July departed 3 hours 30 minutes late and arrived in to Doha 3 hours 17
minutes late ("Delay to destination" as defined under Ecz6l Reguration).

As already advised, this delay to your family's EU flight was due to a passenger safety
issue, which required the replacement of an aircraft part and therefore falls under the
"Extraordinary Circumstances" of EC26 1 Regulations.
Our Custornerffi-ions Head-offi'ce in Doha (tett-us@qatarainruayscom.qaffl-rerefore
regret to advise you that your claim is not applicable under this regulation and we are
unable to assist you further in this matter.

Yours sin

lan Murray
Customer Relations

New address: 1 Cluny Mews, London SWs gEG

They also highlight an update?? from CAA website that our claim is not worth 600 euro but 300 euro as it was more than 3 but less than 4 hours delay...

see here... http://www.caa.co.uk/default.aspx?catid=2211&pageid=14023

I do not believe that they are applying the regulations as designed by ECJ are they?

Thanks in advance for any thoughts

Gman

spaceaarvark

Hello,

My flight from Turin to Gatwick at the end of a Thomson package holiday in 2009 was delayed and landed 11.5 hours late.
From memory this was due to a spot check at Turin finding that the wrong bolt was used somewhere on the 'plane, and it took that long to source and fit the correct bolt (so I am pretty confident that Thomson must take the blame).

I posted the standard "reply with 14 days" letter using the MSE template on 13th November; no reply so far and now we are past the deadline.

I shall now be sending an NBA letter but, before I do, does anyone know the best address to send it to? I sent my first letter to:

After Travel Customer Support,
Thomson Holidays,
Wigmore House,
Wigmore Lane,
Luton,
LU2 9TN

because that was the only one I could find on the Thomson website, but I was wondering if there is a better address for complaints about flights as opposed to complaints about the package holiday in general.

Thanks for any help...

spaceaarvark

Thanks for the pointer; the Conditions of Carriage web page says:

our address shall be deemed to be TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley RH10 9QL.

...so that's the one I shall use.

Mark2spark

russetred wrote: »

Cheers but the flights were part of a package holiday taken with cosmos. Cosmos do not keep booking confirmations after 18 months. They were very helpful by providing flight numbers and my booking reference number.

There doesn't appear to be any legal requirement to keep the original booking confirmation, this is yet untested in the courts.
I would proceed, although Monarch are already clear that they are asking for it.
It'd be interesting to see the outcome of a case where compensation was denied by the airline due to not retaining the original booking form. A case that then followed through to a court hearing I mean.
But as you're probably already aware, you are up against it with Monarch anyway, even if you have all the correct paperwork.
But it's been clear from the start, this is unlikely to be a simple letter writing exercise. Tenacity is required.