Compensation for delayed flights Discussion Area

cfpg02

Hi, has anyone got anywhere with claiming on Thomas Cook?
We were delayed 4 and a half hours on TCX2033 on 22 Sept from Rhodes to Manchester.
The pilot told us the delay was due to TC having a problem with another plane at East Midlands earlier in the day, so "our" plane was diverted to deal with the passengers there before coming out to Rhodes. He said the crew had all had a very long day because TC was "forced to make 2 planes do the work of 3".
I'd be interested to hear if anyone else has claimed for this flight or can give any more information on the events on 22 Sept at East Midlands to help explain the delay.

I've just used the template to draft a letter to TC.
Thanks

bonbannah

We have tried and failed to get compensation for a BA flight delayed by 18 hours. We were put up in a hotel so I assume they feel they did their bit. The delay was due to a technical fault. Frustrating to see that others have had success with claiming from BA. Should we try again?

inthesticks

blindman wrote: »

Small claims time limit Its 6 years

As our gun toting Americans Say


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

Yes,the small claims court is a 6yr limit, so how is it that the landmark court ruling on the 23/10/12 allows claims to go back as far as 17/02/2005?

gemmie1982

Hello I'd love some advice - Me, My hubby and then 2yr old were delayed on a flight from Ibiza to Birmingham in 2010, we were due to fly out in the late afternoon. To cut a long story short we were told to find a hotel and come back in the morning. We did on return we were told that we'd be facing a long wait - no explanation intially it was breakdown then they changed their mind. Anyway by mid afternoon and a poorly child I went mad aone of ryanair people and they promptly put us on a flight to manchester. (it was half empty on take off) Basically we were told we couldn't claim the hotel money back as they had transferred us. So my question is A) Would I be able to claim as we never got the original flight (not sure whether it even left) and B)how do I find out whether the original flight flew etc, as the advice is to check flight stats site but I couldn't see how I could do this. TIA Gem

Sparks33

Dear Mr *****

Thank you for your e-mail.

Your claim was passed on to me in order to address.

I have checked all events surrounding your departure and flight reports from the day. I have to reconfirm that the reason for the delay was a hydraulic leak on the anti-skid valve. This delay was caused due to extraordinary circumstance that could not be prevented even if all measures were in place to avoid it.

As such, the reason for delay is outside airline control and is not subject to EU Compensation. Therefore I have to advise you that I will not be able to comply with your request on this occasion.

Above is the latest response from Easyjet after many emails and letters. Their 10 hour delay meant arriving back to Gatwick at nearly midnight, no train home to Cornwall and having to find overnight accommodation. I had to buy another train ticket home the following day and lose a day's wages! After all this, they still refuse to even compensate me the 400 Euros to which I believe I'm entitled. That 400 Euros doesn't even cover my losses....

I'm beginning to dislike this airline more and more. Sad really, as I've supported it, defended it, and praised it many times over the years.

Any advice on my next move would be appreciated, particularly on how to now get this to court....

111KAB

Sparks33 wrote: »

Dear Mr *****
Thank you for your e-mail.
Your claim was passed on to me in order to address.
I have checked all events surrounding your departure and flight reports from the day. I have to reconfirm that the reason for the delay was a hydraulic leak on the anti-skid valve. This delay was caused due to extraordinary circumstance that could not be prevented even if all measures were in place to avoid it.
As such, the reason for delay is outside airline control and is not subject to EU Compensation. Therefore I have to advise you that I will not be able to comply with your request on this occasion.

Above is the latest response from Easyjet after many emails and letters. Their 10 hour delay meant arriving back to Gatwick at nearly midnight, no train home to Cornwall and having to find overnight accommodation. I had to buy another train ticket home the following day and lose a day's wages! After all this, they still refuse to even compensate me the 400 Euros to which I believe I'm entitled. That 400 Euros doesn't even cover my losses....

I'm beginning to dislike this airline more and more. Sad really, as I've supported it, defended it, and praised it many times over the years.

Any advice on my next move would be appreciated, particularly on how to now get this to court....

Same situation as myself if you substitute Monarch for EasyJet and you multiply your delay time by 2.6.
Worcester Court for me after my claim via MCOL was defended by Monarch. Awaiting Court date from Worcester.

jlc57

marks7389 wrote: »

Does anyone know if a claim for a group of friends booked and travelling together should be submitted as one claim or individually?

I've done a search but can't find a definitive answer.

Thanks in advance.

We claimed with air France as a family group of 3 and they paid out to the lead person who booked, I suppose it will depend if flights were booked as group or individually

Mark2spark

Sparks33 wrote: »

Dear Mr *****

Thank you for your e-mail.

Your claim was passed on to me in order to address.

I have checked all events surrounding your departure and flight reports from the day. I have to reconfirm that the reason for the delay was a hydraulic leak on the anti-skid valve. This delay was caused due to extraordinary circumstance that could not be prevented even if all measures were in place to avoid it.

As such, the reason for delay is outside airline control and is not subject to EU Compensation. Therefore I have to advise you that I will not be able to comply with your request on this occasion.

Above is the latest response from Easyjet after many emails and letters. Their 10 hour delay meant arriving back to Gatwick at nearly midnight, no train home to Cornwall and having to find overnight accommodation. I had to buy another train ticket home the following day and lose a day's wages! After all this, they still refuse to even compensate me the 400 Euros to which I believe I'm entitled. That 400 Euros doesn't even cover my losses....

I'm beginning to dislike this airline more and more. Sad really, as I've supported it, defended it, and praised it many times over the years.

Any advice on my next move would be appreciated, particularly on how to now get this to court....

It's all about opinions, and IMO I would have to ask whose control the fixing of the fault was then? It's not that the fault was unexpected, it's the time taken to fix it and be on your way which is down to the airline which is the key.
You can either further remonstrate with them by letter writing, or issue a MCOL (link in the FAQ's) and let a judge decide who is right.
AFAIA, this is as of yet untested in a UK court, I mean a judge interpreting the ECJ ruling which says that tech issues will not normally be considered as EC's.

Mark2spark

Sparks33 wrote: »

I have to reconfirm that the reason for the delay was a hydraulic leak on the anti-skid valve. This delay was caused due to extraordinary circumstance that could not be prevented even if all measures were in place to avoid it.

I mean that should ice have caused the hydraulic pipe to split then yes that could be a weather related extraordinary circumstance.
From the CAA:
"Flight cancellations occur for a variety of reasons, some of which are outside the control of the airline. The right to financial compensation does not apply if the airline can demonstrate that the reason for the cancellation was an extraordinary event and was outside their control. Extraordinary circumstances vary from case to case but could include problems like extreme weather conditions or strikes".
Also:
"What are “extraordinary circumstances”?

The Regulation that covers passengers rights when their flights are delayed or cancelled gives the following examples as such circumstances:

· Political instability
· Bad weather
· Security risks
· Unexpected flight safety shortcomings
· Strikes that affect the operation of an air carrier
· Air traffic management decisions "

---

None of the above list seem to realistically be able to *cause* the hydraulic leak. So the fact that there was a leak remains unexpected, but *not* extraordinary.
So it then follows that IT IS WITHIN THE AIRLINES CONTROL to fix the problem and be on your way, without delay.

Mark2spark

So the test, if anyone goes to court, is if the CAA wording of possible EC's, of "Unexpected flight safety shortcomings" covers oil leaks discovered shortly before the airline is due to board.
The wording of the Advocate Generals opinion (point 100):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007C0402:EN:NOT

seems to suggest that it is not.

"In its judgment, the Court held that Article 5(3) of the Regulation ‘must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of “extraordinary circumstances” within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control’. (55)"