Compensation for delayed flights Discussion Area

Mark2spark

mty wrote: »

Hi, we had a four hour delay on our Thomas Cook flight back from Palma to Manchester in September this year.

I requested compensation from TC under EU Regulation 261/2004.

This is the response i have had from them, can anyone help me.

Dear Mr Drumm,

I write further to our acknowledgement of 12 December 2012.

It is with regret that I note your flight with us was delayed. Whilst delays are an accepted part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

Unfortunately delays can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate in this case.

Write back and ask for the *exact* reason that the 'events' were considered to be extraordinary circumstances.
Once they've answered with further waffle, issue a court claim.

Mark2spark

YG3 wrote: »

Hi sorry new to this, was just wondering if anyone can advise If we would be entitled to compensation, our Jet 2 flight from Greece left on time but had to make a landing in Italy due to a member of the cabin crew taking Ill,(the judgment was made by a first aider who was a passenger on the plane as it appears jet 2 do not have crew who are qualified in 1st aid & had to make an appeal to the passengers asking if there was a doctor or nurse on board which there wasn’t but a first aider on board took over) We landed in Italy @ 11.30pm & eventually got to a hotel @5.30am, 6hrs of being left in a closed airport with only 1 Italian lady trying to get hotel rooms for a plane load of passengers, when I say closed I mean closed not even a vending machine to get a drink from, I asked if they could supply jugs of water but couldn’t, The return bus from the hotel picked us up @8am (2.5hrs later) however we were not notified of this & therefore missed breakfast (some passengers even missed the bus) our rescheduled flight took of @12.30pm & I arrived back home @ 5pm when I should have been home @ 3.30am, airline are refusing compensation for loss of earning, having to make alternative travel plans home etc & told us to contact travel insurance company, travel insurance company say we cant claim as flight wasn’t actually delayed, if it had been delayed in Greece we would have got £30 each for food drinks telephone calls etc, though being stranded in Italy & having to make telephone calls etc does not count, should I go back to Jet 2 under this compensation ruling or an I just wasting my time?

Whilst I agree that this is a sorry set of circumstances, i'm not convinced that a successful claim could be made that the circumstances to avoid delay were within the airlines control.
IMHO, I'm not a lawyer.
Would it be 'reasonable' for all airlines to have a full paramedic team on every flight?
Up to you if you want to take it to court.

blueflash

This is my first time on this forum so I apologise in advance if its too long.
As a 60th birthday treat for my wife I saved long and hard to send her on a short trip to New York. Due to my own disability I could not accompany her so also treated her sister.
I booked the trip (flight and hotel) with British Airways and they flew out on Saturday 27th October for 3 nights. Unfortunately Storm Sandy hit New York on Monday 29th and whilst my wife and her sister stayed safe in Midtown Manhattan others were not so lucky.
BA rang me late morning on Tuesday 30th to say that they had cancelled the return flight planned for that night but had booked my wife and her sister on another flight, some 5 days later on Sunday 4th November. When asked what they should do I was told that I or my wife should ask the hotel in which they were staying if they could extend their stay. I was told that we would have to pay the cost but should keep all receipts for the hotel and food and refreshments and these could be reclaimed from BA later.
New York virtually shut down before and after the storm and people could not get to work due to the lack of public transport. Restaurants and bars which were open were few and far between and soon ran out of supplies. Even the hotel could not manage to service the rooms due to lack of staff and laundery services. It was necessary to walk around until food outlets could be found (with no choice but to pay the going rate). My wife and her sister had packed for only 3 nights and were faced with an 8 night stay and whilst some items could be washed in the bathroom and dried over the radiator they were faced with buying a couple of extra items of clothing at a total cost of less than £40.00.
I duly made the claim as instructed as follows:
Hotel at cost £927.03, Food and clothing £647.70, telephone calls £150.00 (less than cost) and loss of earnings of £560.00. The last item I was not sure about. The total being £2284.73
BA responded saying that they were offering Hotel costs £902.32 (£24.71 less than actually paid) Food and refreshments of £300.00 and £50.00 towards the phone bill. They refused loss of earnings and clothing totally. I have now asked twice for them to reconsider but they refuse to budge.
Please can someone tell me if I am wrong or should I take my claim further?? Any help would be appreciated.

mty

Mark2spark wrote: »

Write back and ask for the *exact* reason that the 'events' were considered to be extraordinary circumstances.
Once they've answered with further waffle, issue a court claim.

Just sent a response.

Cayman123

Hello,

My flight from GCM (Grand Cayman) to Heathrow (LHR) on 22nd Dec 2012 was delayed by approx. 8 hours. We arrived at Heathrow 7 hours and 19 minutes late.

I am writing to BA requesting compensation according to your advice. But I am also wondering if I can claim for a refund on the flight since:

• The flight was with an EU airline that landed at an EU airport, and
• My flight departure was delayed by five hours or more.

The thing is I decided to travel on the delayed flight. However, the departure was delayed by over five hours, it did not miraculously make up the time in the air, it landed over three hours later than scheduled, and it was the airline's fault.

Can I claim a refund despite taking the flight?

Many thanks,
Cayman123

inthesticks

Mark2spark wrote: »

I take it you haven't read the FAQ's, just 15 posts above yours then?

Yes i have Mark2spark. So could you be more specific please.

blindman

inthesticks wrote: »

Yes i have Mark2spark. So could you be more specific please.

.......Oct 2005

Small claims time limit Its 6 years

As our gun toting Americans Say


"You do the Math" (Even though it should be Maths)

blindman

richardw wrote: »

Yes they should and MSE Martin needs to set higher standards amongst his journalist team.

I get the impression that the Mse "journalists" have lower standards than "Sun and NOFTW" ones:cool:

blindman

Cayman123 wrote: »

Hello,

My flight from GCM (Grand Cayman) to Heathrow (LHR) on 22nd Dec 2012 was delayed by approx. 8 hours. We arrived at Heathrow 7 hours and 19 minutes late.

I am writing to BA requesting compensation according to your advice. But I am also wondering if I can claim for a refund on the flight since:

• The flight was with an EU airline that landed at an EU airport, and
• My flight departure was delayed by five hours or more.

The thing is I decided to travel on the delayed flight. However, the departure was delayed by over five hours, it did not miraculously make up the time in the air, it landed over three hours later than scheduled, and it was the airline's fault.

Can I claim a refund despite taking the flight?

Many thanks,
Cayman123

Think about what you've just written :cool:

You want to claim for compensation because the FLIGHT you TOOK was delayed.

How the H%^$£ll can you ALSO claim a refund for NOT taking the flight?

You may have a legit claim for delayed arrival-depends on WHY it was delayed.

blindman

blueflash wrote: »

This is my first time on this forum so I apologise in advance if its too long.

It is

[STRIKE]As a 60th birthday treat for my wife I saved long and hard to send her on a short trip to New York. Due to my own disability I could not accompany her so also treated her sister.[/STRIKE]

[STRIKE]I booked the trip (flight and hotel) with British Airways and they flew out on Saturday 27th October for 3 nights. Unfortunately[/STRIKE]

Storm Sandy hit New York on Monday 29th
[STRIKE]and whilst my wife and her sister stayed safe in Midtown Manhattan others were not so lucky.[/STRIKE]
BA rang me late morning on Tuesday 30th to say that they had cancelled the return flight planned for that night but had booked my wife and her sister on another flight, some 5 days later on Sunday 4th November. [STRIKE]When asked what they should do I was told that I or my wife should ask the hotel in which they were staying if they could extend their stay.[/STRIKE]
I was told that we would have to pay the cost but should keep all receipts for the hotel and food and refreshments and these could be reclaimed from BA later.

[STRIKE]New York virtually shut down before and after the storm and people could not get to work due to the lack of public transport. Restaurants and bars which were open were few and far between and soon ran out of supplies. Even the hotel could not manage to service the rooms due to lack of staff and laundery services. It was necessary to walk around until food outlets could be found (with no choice but to pay the going rate). My wife and her sister had packed for only 3 nights and were faced with an 8 night stay and whilst some items could be washed in the bathroom and dried over the radiator [/STRIKE]
they were faced with buying a couple of extra items of clothing at a total cost of less than £40.00.
I duly made the claim as instructed as follows:

Hotel at cost £927.03,
Food and clothing £647.70,
telephone calls £150.00 (less than cost)
and loss of earnings of £560.00. [STRIKE]The last item I was not sure about. [/STRIKE]
The total being £2284.73
BA responded saying that they were offering
Hotel costs £902.32 (£24.71 less than actually paid)
Food and refreshments of £300.00 and
£50.00 towards the phone bill.
They refused loss of earnings and clothing totally. I have now asked twice for them to reconsider but they refuse to budge.

Please can someone tell me if I am wrong or should I take my claim further?? Any help would be appreciated.

So you actually want to know if you can claim for loss of earnings due to the Storm :cool:

I would say No (My opnion ) as BA did their duty of care and (hopefully) got you back to UK on the first flight available

IMHO you need to claim from your Travel insurance