Compensation for delayed flights Discussion Area

gbswales

Trollydolly wrote: »

He arrived alive and didnt have to travel on an aircraft with a technical problem that could have caused a fatal crash.

Personally i think thats a good thing. Airlines dont cancel or delay flights without a good reason, Do you think they want to pay out to all these passengers?? NOPE

I know i would rather get on a safe, late plane than a dangerous on time one.

Another question id like answered , Why dont we get compensation from the rail company's when the trains are late??? How can they let people randomly walk around or have no seat when the trains moving at such speed. You have to have a seatbelt in the car and on planes, why not on trains???

Anyway i digress!
Sorry ignore my last paragraph its totally off topic

I actually wont ignore your last paragraph because I feel that all forms of transport should compensate when you are subject to unreasonable delay - the fear of this would ensure that airlines and other transport companies put more effort in maintaining their fleets to ensure that they do not have delays (unexpected weather etc would be an exception) However when I book a long haul flight to the far east I think it is reasonable to expect that the countries major carrier (by no means the cheapest) would have an alternative aircraft available at their main operating base and if not that they would charter one from another airline. Feeding you and putting you up in a hotel is just the bare minimum that you should expect if a flight is delayed more than 24 hours. I understand all the arguments about airline safety, which of course apply to any transport. However an aircraft cannot be responsible only the airline or the passenger and it isn't the passenger. It should be in the contract that they will have a serviceable aircraft available for service and if they don't then they should have the insurance to cover it why - why should passengers shell out for insurance to protect themselves against a company's shortcomings. Just look at the difference between the cost of insurance with flight delay protection and those without to see the size of the problem..Airlines have to be made to get it right safely 99% of the time - and for the odd 1% they can afford to compensate for loss of enjoyment.

Mark2spark

gbswales wrote: »

Airlines have to be made to get it right safely 99% of the time - and for the odd 1% they can afford to compensate for loss of enjoyment.

Interesting that you quote that percentage, - I'm sure I read somewhere (perhaps in the advocate generals findings) that it was calculated that only 0.15% of flights would attract compensation claims.
Maybe the airlines have been getting away with a shoddier service than reckoned for far too long.

Mark2spark

millymollie wrote: »

Hi,
I have been informed by Thomas Cook that our flight was delayed (7 hours) due to an oil leak. They said that despite regular servicing that the leak happened between inspections-therefore unexpected-and so classed as extraordinary circumstances.
Just wondered if anyone has had any success in getting compensation for delays caused by an oil leak, or if I am likely to be successful?
Thanks

It's still early days, so no-one has succeeded yet. But the writing is on the wall.
Out of the thousands of flights an airline operates per year, they cannot say that they never have oil leaks. Therefore, - although the timing is unknown,- the arrival of an oil leak is not an extraordinary circumstance, it's just part and parcel of their normal day to day running.
If passengers have to check in 2 hours or more for a flight, which is essentially that long due to having to walk over half a mile from check in to boarding gate, (it could be as little as 30 minutes really), then airlines also have this 2 hours to ensure that an operating aircraft is available. They then have a further 3 hours before any compensation for delay becomes operable. So 5 hours in total.
Plenty of scope and time to fix an oil leak.

Mark2spark

Daza wrote: »

I have today received 2 letters, 1 from Thomson & 1 from Thomas Cook
Both of them are rejection letters...

---

As both of these claims are a result of "Knock-On Effects" is there any part of the regulation that states that the claim refers to the flight in question only and any circumstances to a previous flight routing is invalid to the claim.

No, the regulation does not specify in that preciseness.

Mark2spark

Dopey1980 wrote: »

Quick question...

Do I absolutely need to have the e ticket/booking ref number to make a claim?

If I was travelling with someone and they had only their e-ticket number and I didn't have anything surely the airline should be able to see that I was on the flight with my travel companion?

Some form of documentary evidence that confirms you as a paid passenger would be the norm. How else can anyone be sure that you was on the plane?

Mark2spark

mummyfurby wrote: »

hi

our flight was delayed from orlando to gatwick back in november by 5 hours. i put in a claim for compensation but have had a letter back saying this claim is declined due to it being extraordinary circumstances which were beyond their control. the delay was apparently due to accidental damage to an engine. it went on to say that the fault was found they utilized another plane to operate the flight out to orlando, and this flight was then used for the return flight back to gatwick, this was our flight. but when we were at the airport we were told that the fault had been found once the plane had arrived at orlando not before.

As a result of the delay I missed my booked train home which I had booked a good 4 hours after our scheduled arrival to take in account of delays and had to purchase another train ticket.

the flight home was uncomfortable and the food was not really edible and as a result my 12 year went without food.

is there any other way of claiming any compensation back for this delay or does virgin have the last word on this matter.

Maybe you need to write to the CAA and establish the exact circumstances surrounding the cause and discovery of the delay.
It'll be hard to prove your point in a court without some sort of documentary evidence.

Mark2spark

Eve4ever wrote: »

Hi

I hope someone can advise me please?

In Feb I booked a return flight from Manchester to Sharm El Sheikh, leaving 9.30am on 11/5/12 and returning 1 week later.

Two weeks before departure I received an email advising me that my flight time had been moved to 2pm and my return flight was now also 5 hours later than I originally booked.

I wanted a morning flight as I am a female, travelling alone, Sharm was not my final destination and I didn't want to travel by road in Egypt late at night. I called Monarch and explained this and they offered to move my flight to the morning flight the next day (12th) again, returning 7 days later.

When I arrived on the 12th at Manchester for my morning flight, I was advised of a 5 hour delay, which coincidently meant I was now meant to depart at exactly the same time that I would had, on the re-arranged flight, the day earlier. Evidentially, I departed 7 hours later.

It will come as no surprise that exactly the same scenario happened on the way back, arrived as per the ticket sold to me, told at check in that I had a 5 hour delay, again meaning we would leave Egypt on the same time flight I had already turned down.

I wrote to Monarch in June demanding compensation. Was fobbed off with £75 voucher. I waited for the outcome of the appeal hearing and then wrote again in Sept. I received claim forms and duly completed them together with copies of everything they required. Called 3-4 weeks later to chase up. They had no record of receiving my paperwork so I had to submit all again, this time by recorded delivery. On Friday I got an email stating they have my claim and it will take 8 weeks for them to consider my claim and advise me accordingly.

Questions - Do I press ahead now with small claims ? It would appear they are just stalling as I'm sure they will tell me I'm not entitled to anything in 8 weeks. If I do press ahead now, will I appear unreasonable to the judge?

Can I claim for the return leg of the journey in the country or should I be pursuing a different course of action for this?

Finally, do I need to contact the Civil Aviation Authority and lodge a complaint in order to tick all the boxes?

Thanks in advance for any advice given.

There appear to be many people in the queue with Monarch - including me - and IMO waiting the 8 weeks is going to appear reasonable. So there appears to be little point in yet starting a small claims, which you would have 2 of, one for each flight.
There's no *need* to contact the CAA as yet, until you have the airlines reason for the delay. You can of course contact them in a pre-emptive way of course. But *need* ? No.

lilykim

I had a delay coming back from Ibiza. It was a Thomas Cook holiday and Thomas Cook Airline.

Do I write to the airline?

If so, does anyone know an up to date address?

Thank you

Mark2spark

Time for Blindmans FAQ's to be repeated I think.

blindman wrote: »

FAQ's
Answers to FAQ's repeated AGAIN :cool: All blue words are links to relevant posts. Some are quoted just to save you doing that

WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

Flight Stats

Small claims time limit Its 6 years

Package holiday flights ARE covered.

Regulation261\2004

MSE article corrected

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background

Thomas Cook address
Thomas cook incident Oct 26 2012

KLM Claim form
Quote:
KLM ROYAL DUTCH AIRLINES PLESMAN HOUSE/2A CAINS LANE, BEDFONT TW14 9RL FELTHAM, MIDDLESEX
Phone: 020 87509200 Fax: 020 87509090
Ryanair address
Quote:
Ryanair Customer Service Department, P.O. 11451, Swords, Co. Dublin, Ireland.
BA Address
British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG, United Kingdom.
BA complaint web-site

Jet airways address
Jet Airways (India) Ltd Jetair House 188 Hammersmith Road London W6 7DJ


Compensation per person + Monarch email
Monarch Claim form

Centipede100 Template letter
CAA Template letter


Airline claims 2 years maximum to claim
Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 years
CAA Denied boarding
Right to Care
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL:

Succesful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax

dwarfer1113

Hi All!.

Man this thread got really big really quickly!

Im in need of advice regarding our delayed flight on 15/9/2012.

tcx 6016 original flight time 14-30 actual flight time 19-15 newcastle to alicante.

I emailed the thomas cook website stating the ECJ ruling and finally got the reply from TC CRT "Blah Blah Blah..........."extraordinary = no compensation"

Now im about to write back but just need to be sure im doing this right!

Do I ask what the "extraordinary" circumstances were?

Send them the link to curia.europa.eu?

State that the ECJ says compensation must be paid?

Insist that I have a valid claim for compensation and if they disagree I have no other course of action othaer than court proceedings?

If this is wrong could some kind soul correct me

If its correct how would I start court proceedings?

Thanks to all advice in advance :T