Compensation for delayed flights Discussion Area

Coops1711

bigmc1_9 wrote: »

Tc have settled with me for £970

Im currently fighting TC, can i ask how lengthy it was for you to get compensation from them? i have sent 2 letters now & am now going to write to CAA

many thanks

Mark2spark

neilogg wrote: »

I have lodged a complaint with BA on these grounds using their website. This produces an immediate email response and claim reference number. Do you have other suggestions?

No, you just have to go through the motions now and await their response and reason for the delay, and react accordingly.
Patience will be the key

Mark2spark

bigmc1_9 wrote: »

Tc have settled with me for £970

Thanks for that. I haven't a photographic memory of what/who/where on a thread of over 4000 posts now

grayme-m

Centipede100 wrote: »

grayme-m wrote: »

Sorry, I may have been a bit paranoid having learned not to disclose details on the parking tickets forum.

The flight was from Turks and Caicos, to the Bahamas to collect more passengers, then straight on to London Heathrow. We should not have had to get off the flight at Nassau.

Because Nassau airport had a powercut the day before, BA wrote the following to me:

[QUOTE}The delay came about because of the knock on effects from the BA0252 on 27 August. The same crew operated both flights and due to issues at Nassau airport on 27 August, this caused the crew to go out of time when it came to operating your flight on 28 August. This is why your flight had to stop over for so long at Nassau.

Nassau and the T&C had rather more than a powercut in the 3-4 days leading up to your return flight though didn't they?!!!

As my posts demonstrate I am no apologist for airlines. On this occasion, however, I might just lean towards the fact that the airline would probably successfully persuade a court that Hurricane Irene played a large part in the delay to your return to the UK as it was this which caused the power failure in the Bahamas, directly leading the crew to go out of hours.

You might ask what 'reasonable measures' BA took to avoid the delay and you could argue that they might have flown a spare crew with them from London as Irene was very likely to cause problems to airline schedules during that period. That would be somewhat problematic for you IMO.

It is your decision and your money but I wouldn't be putting my own money on court fees in this case; and this from someone who won a case with an airline which claimed a hurricane caused my cancellation.

If you have legal expenses cover via household contents insurance, you could refer your claim to them and see what they say

Just a quick post to say that following the judgement in October, I messaged BA via their website and asked them again for the compensation and they have sent me a cheque. :j

All the stress and extra expense is forgiven.

Mark2spark

Coops1711 wrote: »

Thanks Mark,
i notice AdamD has had a result with TC?

Having re read their first letter to me they state that the reason for the lengthy delay was due to an Aircraft change. As they have admitted this (& the crew admitted to me that the origional AC had gone 'tech') i dont feel that that is exceptional circumstances?

Also it is more then 14 days since i sent the template letter from on here, should i now go to the CAA or wait a bit longer due to Xmas hols?

Thank you for your advice

Well the aircraft would have been changed for a tech reason rather than an EC like snow or fog, so of course, on the face of it, there isn't an EC for them to claim or use as a defence.
I'd wait a bit longer due to the Xmas holidays myself before pursuing, maybe wait to involve the CAA as well until you have a secondary response from them.
All my opinion of course.

If you read the ruling from the ECJ, you'll see that a tech reason that is also an extraordinary circumstance is more something like a manufacturer recalling planes for a fault to be replaced, not a recently discovered just before departure fault. The idea being that 3 hours is well long enough for an airline to sort the problem and get going. Eventually the penny will drop with airlines that it's customer inconvenience that's being protected, not the airlines inconvenience at having to sort problems out more quickly.

Coops1711

Mark2spark wrote: »

Well the aircraft would have been changed for a tech reason rather than an EC like snow or fog, so of course, on the face of it, there isn't an EC for them to claim or use as a defence.
I'd wait a bit longer due to the Xmas holidays myself before pursuing, maybe wait to involve the CAA as well until you have a secondary response from them.
All my opinion of course.

If you read the ruling from the ECJ, you'll see that a tech reason that is also an extraordinary circumstance is more something like a manufacturer recalling planes for a fault to be replaced, not a recently discovered just before departure fault. The idea being that 3 hours is well long enough for an airline to sort the problem and get going. Eventually the penny will drop with airlines that it's customer
inconvenience that's being protected, not the airlines inconvenience at having to sort problems out more quickly.

Thanks Mark, I do appreciate you taking your time to reply to me.

Obviously as I work as crew for an airline, British Airways longhaul, I know how things work when AC goes tech or there is an AC change as I've experienced it myself, which I think TC has failed to realise even though I have made it clear to them I work in the industry!

I have just printed off the letter to the CAA with all corresponding info & ill wait til the end of next week before sending it.

Again many thanks

blackreeler

Hi first of all thank you for the claim template letter. I sent it to Thomas Cook and received a voucher for a lot more than i was claiming for so could some one clarify how much i was due. Our flight was delayed from Cancun by 3hrs 20.
Thanks again

bgwuser

Thomas Cook Airlines are stalling. TCX 2026 Manchester to Paphos on 16 October 2012 delayed from 0700 to 1450 because of a "technical problem" and replacement aircraft and crew eventually summoned. This turned out to be a Thompson aircraft and the pilot took great care to explain that the delay was entirely the fault of Thomas Cook as they had been on standby and had only been requested 2 hours earlier. Using the flightstats website suggested by MSE it is clear that Thomas Cook were aware of the problem prior to 0124hrs when they changed the estimated departure time.
They failed to offer any of the regulated support until 5 hours after our scheduled departure when they made us queue for an hour to get a £10 refreshment voucher which was totally inadequate at airport prices. As we boarded the plane they annnounced that we would not be getting our prebooked inflight meals! Too late to buy anything to eat at the airport prior to a 5 hour flight so we were effectively forced to pay for the stodgy "snacks" on the flight.
Thomas Cook have refused to pay compensation - likening their responsibilities for the breakdown of their commercial airplane to that of the breakdown of our personal car - how bizarre!
I have referred my complaint to the CAA and await their response.

Jagsy

Lismore wrote: »

We had the misfortune to be on the flight VS015 from Gatwick to Orlando, the plane you returned on.

We boarded our newly updated plane at 13.00hrs, on time, but we were then told that a small part was needed for one of the engines and this would delay us by 1 hour. Later we were told that it was more serious and that the engine would need a test run so we were asked to disembark. We had our meal and then re boarded another older style plane some time after 17.00hrs and we left just on 18.00hrs, just 5 hours late.

We were then informed that the aeroplane was departing in a hurry without any food whatsoever. To have delayed the flight any further would have meant a delay until the next day because a new cabin crew would have been needed. So in a 9hr 30 min flight we had a minute packet of pretzels on take off and then a small sandwich and an even smaller cake just before landing. Apart from that only a very few drinks were offered.

On landing we were then told that Orlando had sent all their immigration staff home so we had another 1hr delay while they found just three very uhappy staff to handle a very full 747. We were fairly near the front of the queue and got through in about 1h3 30min. The last one probably had another hour of two wait.

By the time we cleared immigration is was around 00.30hrs and then had another 1hr wait to collect the car.

We arrived at our apartment just on 03.00hrs, very hungry, very tired and very cross.

So Virgin no compensation = bye bye Virgin Atlantic and bye bye Virgin Media

Hi there, don't know if you have seen my post, sorry new to this so didn't check which number my post was. I was on the same flight as you from MCO to LGW. I have posted the reply I got from virgin to my claim, rejected due to EC. I am waiting to see if any experts can advise whether to send second letter stating I will refer to CAA for advise or whether to write to CAA direct. How far along are you in the process?

Many thanks

Jags

Jagsy

Jagsy wrote: »

Hi there, don't know if you have seen my post, sorry new to this so didn't check which number my post was. I was on the same flight as you from MCO to LGW. I have posted the reply I got from virgin to my claim, rejected due to EC. I am waiting to see if any experts can advise whether to send second letter stating I will refer to CAA for advise or whether to write to CAA direct. How far along are you in the process?

Many thanks

Jags

My previous post was 4207