Compensation for delayed flights Discussion Area

111KAB

Mark2spark wrote: »

Can I just ask 111KAB, whether you filed two separate MCOL claims, or a joint claim?
Just asking, seeing as Monarch are asking people to make separate claims, when clearly if it's all on one booking, then all parties should be compensated, and that the lead passenger can make this claim on their behalf.

Further to my earlier response I have now found this 'comment' from the Justice site ....
Right to use one claim form to start two or more claims

7.3

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

As mentioned this is the procedure I am using via MCOL in my claim against Monarch.

mw4k

Emirates claim

I originally complained about a delayed emirates flight and got 25,000 miles compensation. They've just offered me 600eur in lieu of 25000 skywards miles - which they have already taken from my skywards account!

The problem is 25,000 miles on Skywards can be worth up to £500 if used in the right way and circumstances. Is there any legal basis for them taking the miles off me? It was only because I had more than that current balance in my account. Has this happened to anyone else? How would you respond?

The e-mail states:

"Therefore in accordance with the new ruling, you are entitled to receive EUR 600.00. This payment will be made in lieu of the 25,000 miles which were credited to your Skywards accounts and have since been deducted."

Please help!

Edit:

What appears to be the relevant section in the ECJ ruling is this:
"This Regulation shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation."

Does this make what Emirates have done totally acceptable?

EDIT2: furthermore, they originally credited my miles as goodwill miles and they deducted miles retroactively:- I had already spent the goodwill miles in question.

phaserphish

Hi all,

I had a delayed flight with Easyjet on 17th July 2006 from Malaga to London Gatwick. It was delayed for 3.5 hours, which should entitle me (and my friend) to €400 each. I didn't think of claiming for it at the time, as I was not aware of the possibility. When I saw on the MSE email that you could claim for flights back to 17th Feb 2005, I thought I'd give it a go, and wrote the standard letter that MSE provided. Easyjet replied with the below. There is a lot of legal terminology, and I'm not sure how to reply (or whether I even should?!)

Any advice that anyone could give me would be much appreciated.

Thanks

*********************

Dear Mr Smith,

Thank you for contacting us about your delayed flight.

I write further to your claim for compensation concerning the delay to your flight EZY5194 Malaga to London Gatwick on July 17th 2006.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.

Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred.

The date your flight arrived at London Gatwick was on July 17th 2006, therefore the limitation period for this flight ended on July 17th 2012. The right to claim compensation has been passed.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.

Yours sincerely

-Kevin-
easyJet Customer Services

richardw

phaserphish, perhaps edit your post to mr xxxx, airlines do read these forums

phaserphish

Thanks richardw. Mr Smith is not my real name though so hopefully I should be ok.

Can't believe that I've made the claim only 6 months too late! Just had no idea I even could claim at the time. Trying to sleep at Malaga airport was not a comfortable experience.

jpsartre

mw4k wrote: »

I originally complained about a delayed emirates flight and got 25,000 miles compensation. They've just offered me 600eur in lieu of 25000 skywards miles - which they have already taken from my skywards account!

Were you happy with the 25k miles offered or did you continue to pursue cash compensation after this had been awarded? If the former, I'd be a bit miffed as well.

spaceaarvark

phaserphish wrote: »

Hi all,

I had a delayed flight with Easyjet on 17th July 2006 from Malaga to London Gatwick. It was delayed for 3.5 hours, which should entitle me (and my friend) to €400 each. I didn't think of claiming for it at the time, as I was not aware of the possibility. When I saw on the MSE email that you could claim for flights back to 17th Feb 2005, I thought I'd give it a go, and wrote the standard letter that MSE provided. Easyjet replied with the below. There is a lot of legal terminology, and I'm not sure how to reply (or whether I even should?!)

Any advice that anyone could give me would be much appreciated.

Thanks

*********************

Dear Mr Smith,

Thank you for contacting us about your delayed flight.

I write further to your claim for compensation concerning the delay to your flight EZY5194 Malaga to London Gatwick on July 17th 2006.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.

Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred.

The date your flight arrived at London Gatwick was on July 17th 2006, therefore the limitation period for this flight ended on July 17th 2012. The right to claim compensation has been passed.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.

Yours sincerely

-Kevin-
easyJet Customer Services

Out of time for Phaserphish, but potentially valuable to others in that easyJet appear to accept the validity of a six year limitation.

Roswell1976

hey everyone

has anyone heard back from (Thomson) TUI yet? Ive been waiting about 6 weeks now and still nothing. Not even an acknowledgement.

Cheers

Gorbar

I wrote to Thomsons on 25th Oct., they rang me on 22nd November and told me it could take from6-8 weeks , not sure if that is from when They got my letter or from the date of the call. Not heard of anybody getting compensation yet so I am not banking on anything.
Thomas Cook are hopeless making all sorts of excuses up. I asked them to explain what a FAC 1 fault is, they informed me that they will have to go back to their airline. & it will take another 28 days. delay tactics

gizmocarole

Has any one had a reply from Monarch Airlines. I sent a letter on 9th November 2012 + have not even had an acknowledgement