Compensation for delayed flights Discussion Area

Mark2spark

blueflash wrote: »

I expected some genuine professional advice not the sarcastic response I got.

You would be better served by paying a solicitor if the level of response on a free forum (where the answers to your questions are already contained in the thread) are not to your expectations.

Mark2spark

davidswife wrote: »

We (4 pax) travelled NCL to Gran Canaria in the summer with Thomas Cook and were delayed 5 hours due to technical problems, faulty door. I wrote to them using the template letter (before the ruling) and initially got a rejection letter. I sent another letter and have received a further rejection letter due to the technical fault being 'extraordinary circumstances'. Do I have grounds to take this further or is this the end of the line?
If I can take this further, should it be by letter or do I need legal advice?

Thanks in advance.

All faults, according to TC, are deemed extraordinary. See the FAQ's and my in depth response a few posts above yours earlier today outlining the scope of EC's within the ECJ ruling.

Mark2spark

sugarised wrote: »

.

We had a mechanical failure on the plane. The airline sought to fix it but kept us holding on until it was too late. ...the flight was cancelled...

Hotel and food was provided.
...we both have insurance
...both insurance and the airline have refused to compensate for a missed days holiday, a missed hotel stay and the costs incurred for a new day in new york.

The insurers received a letter from the airline stating 'staffing legalities'' (incorrect) and refused any more.

The airline has offered $300 per passenger compensation.
..quoted the ECC to them with the 600 euros thing
...they are claiming that they have taken all the necessary legal matters...how is this so as in theory, if its their fault, at no point should i be out of pocket. I

If I read correctly, you were on United Airlines, NY to UK? If so, no compo is due under ECJ rules as United are not a EU airline.
Without further detail I can't comment on why the airline are declining your submitted expenses. Perhaps they are only willing to pay for the staple minimum and you have had some extras on the bill?
I'm not sure why your insurers won't pay out though, - you haven't given a reason for their decline of your claim. Perhaps involve the ombudsman on that one.

Mark2spark

deb.p123 wrote: »

Does anyone know before I do a letter. I went on a package holiday and the return flight was delayed 23 hours back to the UK. They also put us on a short haul plane not suitbale for a 9.5hour flight can they do this?
Am I likely to get anything and I am assuming from previous messages I write direct to Thomson?

Thnaks

Debbie:(

Not enough info Debbie for a suitable response, sorry.

Mark2spark

gemmie1982 wrote: »

Thanks Centipede100, could you answer just one further query, it turns out that the flight was in the end cancelled. (even though we flew to another airport via the same carrier prior to this cancellation) Do I fall under delay? Or Cancellation? Thanks again advance.

IMO you transferred before cancellation so you would proceed as if it was a delay. The 'reasonable' cost of getting from Manchester to Brum should also be claimable.
I take it you were with Ryanair?
How dreadful that they failed in their duty of care by not providing the hotel for you. Good luck with them, the shysters :mad:

blindman

blueflash wrote: »

I would have gone back to school if I had wanted someone to treat me like a child and correct my wording. No I am not looking for my wife's loss of earnings. What I am asking is, BA did nothing other than say fend for yourselves and we will reimburse the costs. Well they haven't and are offering a lot less than promised. I expected some genuine professional advice not the sarcastic response I got.

Vauban wrote: »

Sorry - but why are you expecting genuine professional advice from an online forum? I think you'll probably need to pay for that.

My (non professional) opinion is that BA have met most of your costs, and that the remainder ought to be covered by any half-decent travel insurance policy. I'm sorry that the trip to New York was ruined by Hurricane Sandy - that's really bad luck. But if you'd traveled with an American carrier, you'd have got nothing at all, I think. So claim on your policy!

I did not correct your wording merely deleted the irrelevant bits in the mostly difficult to read text so as to get to your point.

Which you actually failed to make IMHO.

Only in this second post have you actually stated what you want.

There was no sarcasm involved.

Billy_Bonkers

Hi all. I've spent several hours trawling the net and not really coming up with much.

On 4th October 2012 my flight FR8357 due to depart Budapest at 16.40 was delayed by 5 hrs 55 mins.

I have written to Ryanair requesting the specific reason for the delay.

They replied by email:

"We sincerely regret the delay of 5 hours and 55 minutes to your flight FR8357 from Budapest to Manchester on the 04/10/12 which was due to an unexpected safety/technical problem with the aircraft due to operate your flight. It was necessary to delay the departure of this flight until the fault was rectified and the aircraft was cleared for operation by our Engineering Department."

They then go on to say that such technical faults are outside of their control and that as this delay was outside Ryanair's control (Extraordinary circumstances) they regret to advise that no compensation is due under EU261.

I am not convinced.

How can I find out exactly what that technical problem was?
Do I need to?
How should I proceed?

Interestingly, from the announcement (and apology) the pilot made as we eventually taxied out to the runway, we understood that aircraft and crew had been flown out empty from the uk specially to get us.

rusty_frog

Hi,

We suffered a delay of just short of 5 hours on a flight from Hurghada to Manchester. Thomas Cook Airlines, Flight TCX253, 19/3/11.

Sent a letter to Peterborough (using template) end of Oct 2012 - no reply.
Sent LBA again to Peterborough at the end of November giving 28 days notice - time is now up.
Again no acknowledgement, no reply.

I am quite prepared to go down the MCOL route as I have:
The original booking confirmation.
Fightstats printoff.
Photo of airport info screen at Hurghada showing times of delay.
Receipts of sending Royal Mail recorded del. for both letters + printoffs of signed delivery receipts.

We were never given anything writing as to the reason for the delay.
There was no representation from TC in departures at Hurghada airport.
I have been told since that airline staff are not allowed access in departures as the airport is run by the Egyptian military.

When we eventually boarded we were told by cabin crew that our plane had just been flown from the UK & re fuelled as the original aircraft had 'some sort of problem'.

Although I am willing to go all the way via MCOL I am loathe to do so without written confirmation from TC as to their reason for the delay.

Any suggestions???

JPears

Continued thanks and appreciation to Centipede, blindman and mark2 for the sterling work on this thread.
I'm issue small claims tomorrow and also complaint to CAA.
I've found a scruffy email reply from Jet2.com eventually received after my intial complaint in Feb 2011 which states the "delay to your flight was caused by a technical issue on the previous flight of the aircraft causing a knock on delay to your flight's departure" Boom! There it is in writing for my assistance.
Interesting they also warbled on about denying the refund I had requested. I didn't , I requested compensation. Dimwits.

a5827

Can anyone offer advice on my next step?

I flew London to South America with Lufthansa in 2010. My first flight London to Frankfurt was fine. The second flight Frankfurt to South America encountered a problem mid-flight and returned to Frankfurt. We were transferred to another aircraft and departed Frankfurt again, eventually arriving 10 hours later than scheduled in South America.

I used the template letter from this site to claim €600 from Lufthansa but Lufthansa has not accepted.

Lufthansa response:
- flight was diverted back to Frankfurt due to technical defects with the aircraft (fuel leak in aircraft engines)
- temporary unforeseen problems do sometimes occur.
- airlines are not liable for delays caused by circumstances beyond their control, so we cannot offer compensation.

I note that Lufthansa has been somewhat vague and has not used the term "extraordinary circumstances", though they have mentioned airlines are not responsible for "circumstances beyond their control" as their reason for not paying.

I am aware that the claiming guide on this site says that if the airline rejects my claim that I can take up the complaint with the Civil Aviation Authority (CAA), the European Consumer Centre (ECC) or the regulator in the country of departure.

I have seen advice on this thread that says that the default position is that technical issues should not be ruled as an "extraordinary circumstance" unless the problem is not inherent in normal aircraft operations and maintenance.

I think the best next step for me would be to write back to Lufthansa pointing out a technical fault with the plane is NOT "extraordinary circumstances" so compensation is payable as per EU rules (EC Regulation 261/2004).

To do this, can anyone help with some draft wording for my letter?

The FAQ post on this thread mentions two ECJ cases where "extraordinary circumstances" have been defined in claims of cancellation and delayed flights so I'm thinking I should refer to these, but not really sure how to phrase my letter. Any help would be appreciated.