Compensation for delayed flights Discussion Area

Jagsy

Mark2spark wrote: »

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.

Hi Mark, I have been going through the whole thread so posting in wrong order. My post 4207 states the reply I got from virgin re what the EC were and reason for delay for this same flight. In your opinion is it worth writing to CAA first or write to virgin again quoting ruling on what defines EC? Any advise appreciated.

Many thanks

Jags

JPears

Update, made my claim for 5 hr delayed flight Chambrey France to Leeds, UK 12/02/11 on 23/02/11. Non sensical reply received several weeks later. Held off small claims until Oct 12 EC judgment. Wrote to Jet 2.08/11/12, again on 24/11/12 and once more on 06/12/12 to send all the information/details already sent in previous 3 letters. I have received no response from them other than letter requesting all the information already sent. Letter of 06/12/12 was an LBA. Should I go small claims or CAA complaint first? Our delay was due to technical fault on the plane's previous flight. But I don't have any details for the tech other than that given verbally by pilot at the time.
Thanks in anticipation.

Koala

Koala wrote: »

Can I ask some advice. I had a delayed flight (over 3 hours) from Newcastle to Amsterdam,, which resulted in me missing my connecting flight from Amsterdam to Milan (all booked together on the same ticket). I know the compensation is based on how late you arrive in your final destination. However to calculate the amount of compensation to claim, do I claim based on the number of miles to Amsterdam or Milan? Many thanks in advance.

Just bumping my original post as I can't see any replies, any advice would be much appreciated. Many thanks.

russellbrame

thanks for getting back to us. they sent an email on the 19th september that our flight had changed to sunday 28th october from original date of monday 29th october....

Caz3121

Koala wrote: »

Just bumping my original post as I can't see any replies, any advice would be much appreciated. Many thanks.

Should not make any difference - both NCL-AMS and NCL-AMS-LIN are both <1500km so same amount applies

Mark2spark

Jagsy wrote: »

Hello all.
Hope someone can help/advise me. We flew Virgin Atlantic VS016 on 7/11/12 original time 19.50pm from MCO to LGW. Flight delayed and left at 02.15am so 8/11/12. We were given $15 each for meals(2ad2ch). As delay over 5 hours I completed eu compensation forms on their website and submitted. Their response as follows:

Dear Mrs xxxx
We regret to advise that we have declined your claim on the grounds that the cause of the delay was caused by extraordinary circumstances which were beyond the control of VA and which could not have been avoided even if all reasonable measures had been taken.

In your particular case the flight was delayed as during landing of the inbound aircraft, warning messages came to light advising of vibrations in engine no 2. Our engineers investigated the problem, through various troubleshooting.

After using specialist equipment to look deep inside the engine, accidental damage was found to the engine blades resulting in engine no 2 needing complete replacement. In an effort to avoid cancelling or causing a significant delay to the service another aircraft was taken utilised to operate the flight out of Orlando which in return operated your flight back to the UK.

This was a technical problem stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control.

We offer our sincere apologies for the inconvenience caused by the disruption to your flight and any disappointment this decision brings.

Yours sincerely
Xxxx
Custome Liaison Manager

Many thanks in advance to anyone who could help.

Well it's all about opinions. The wording on the ECJ ruling (link in the FAQ's posted on page 214) is that technical problems are not EC's. But it goes further to say that it will be up to each court hearing to listen to the facts presented and decide whether they are beyond the airlines control.
The way I read the ECJ judgement is that this type of problem certainly is within the normal running of a airline, and it is within the airlines control to fix the problem.
So IMO you need to write back to Virgin and state that you do not agree with their summisation of the problem, and ask them to reconsider.
If they decline you are then faced with the option of leaving it, or issuing a court claim against them. Expect them to defend if that's the case and prepare (read, read, and read again) accordingly.

Mark2spark

JPears wrote: »

Update, made my claim for 5 hr delayed flight Chambrey France to Leeds, UK 12/02/11 on 23/02/11. Non sensical reply received several weeks later. Held off small claims until Oct 12 EC judgment. Wrote to Jet 2.08/11/12, again on 24/11/12 and once more on 06/12/12 to send all the information/details already sent in previous 3 letters. I have received no response from them other than letter requesting all the information already sent. Letter of 06/12/12 was an LBA. Should I go small claims or CAA complaint first? Our delay was due to technical fault on the plane's previous flight. But I don't have any details for the tech other than that given verbally by pilot at the time.
Thanks in anticipation.

IMO the time has arrived for you to file a court claim.

Mark2spark

Koala wrote: »

Just bumping my original post as I can't see any replies, any advice would be much appreciated. Many thanks.

It's the time you arrived at your final destination that counts, and the distance between the first point and the last point that is the measure.
There's several distance calculators freely available on the web for you to have a quick search to find.

I'm assuming that you had one carrier (airline) on your one ticket?

Mark2spark

russellbrame wrote: »

thanks for getting back to us. they sent an email on the 19th september that our flight had changed to sunday 28th october from original date of monday 29th october....

Have a read of Article 5.

http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_046/l_04620040217en00010007.pdf

Mark2spark

Repost of FAQ's

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
Ryanair address
BA Address
BA complaint web-site

Jet airways address
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:

Successful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax
Mooeyitfc Swiss Airlines LCY-Zurich £400
Wheetyfree easyJet flight 5068 Nice to Gatwick on 19th October 2012
Dominicbond BA208 on 24 May2012 €600
Conan WizzAir Unspecified
fabkids BA UK-Australia 08\2012 €600 each,