Compensation for delayed flights Discussion Area

suresajj2

Hi
I had a flight from London to Frankfurt and then another Lufthansa flight from Frankfurt to India in Jan2008 (whole journey booked as one journey )
But the London - Frankfurt flight was delayed by 45mins due to weather conditions which caused me to miss the India flight and I reached final destination more than 12 hours later

I mailed Lufthansa in Nov12 and they have replied saying since the claim is more than 3 years later, they are not obliged to compensate

Please advise me whether I have any rights to claim even after 3 years of the journey and what should I do next

Thanks!

Vauban

suresajj2 wrote: »

Hi
I had a flight from London to Frankfurt and then another Lufthansa flight from Frankfurt to India in Jan2008 (whole journey booked as one journey )
But the London - Frankfurt flight was delayed by 45mins due to weather conditions which caused me to miss the India flight and I reached final destination more than 12 hours later

I mailed Lufthansa in Nov12 and they have replied saying since the claim is more than 3 years later, they are not obliged to compensate

Please advise me whether I have any rights to claim even after 3 years of the journey and what should I do next

Thanks!

The good news is that their "three year" rule is hogwash. I think I read that three years is the statutory limits for bringing an action in the German courts - in the UK you have six years to do so.:j

The bad news is that if the delay was caused by the weather, then you are likely to have no claim regardless as meteorological conditions are "extraordinary circumstances".

If the delay was only 45 mins, your planned connection must have been pretty tight.

Lippy72us

Hi, I wrote to Thomson on 8th November 2012, regarding our 79 hour and 22 min delay from Boa Vista back home to M/cr. They acknowledged my letter on 26 November but stated that this was their 'busy period' and they would respond within 28 days. On 20 December 2012 they sent me a claim form that asked for the same information that I had already provided them in my template letter from this website dated 8 November 2012. I have today provided all the relevant documentation once again to confirm/prove our delay - has anybody else experienced this delaying tactic? if so did you get the compensation in the end? I also enclosed the letter that TUI had typed up explaining the delay (Adverse weather conditions) that all passengers were handed on arrival back at M/CR. However other holiday makers were arriving at our hotel via other flight operators - so how can TUI say no flights yet other passengers say from Poland were arriving.

Tiggifarfar.

Wow, there is some brilliant advice on here, can anyone advise me on my situation, dating back to September 2008?

We booked a package hol thru TC, there were 8 of us altogether (two families of 4). Our outbound TC flight to Ibiza was due to take off at about 12.15pm but didn't take off til about 9pm. The plane needed a part replacing, that part was being flown to Gatwick by another plane, when the part was fixed, two passengers decided not to fly and there were further delays removing their baggage from the plane. We were given one meal voucher each during this time and a free drink after take off. It was hellish.

From what I read here, I think I have a claim.
-Should I write on behalf of all 8 of us initially?
-Cant remember flight number and have no paperwork but have dates-is this OK? (Will they hold records?)
-Do we go direct to TC travel agents or to their airline (if separate).
-Am I claiming for compensation or a refund or both?

Any advice would be much appreciated. Good luck to all the other claimants out there!

Daza

Tiggifarfar. wrote: »

From what I read here, I think I have a claim.
-Should I write on behalf of all 8 of us initially?
-Cant remember flight number and have no paperwork but have dates-is this OK? (Will they hold records?)
-Do we go direct to TC travel agents or to their airline (if separate).
-Am I claiming for compensation or a refund or both?
!

- If you booked seperate (IE if each family has a seperate booking reference) then make seperate claims
- If you can't remember the flight number, use http://www.flightstats.com
just enter the date and airport and it will show you the flight code & hopefully the length of delay
- Your claim is with the AIRLINE
- You are claiming compensation (you can only claim a refund if you didn't travel)

If the airline you used was TC, they will always deny compensation under "extraordinary circumstances" - be prepared to take it all the way to court - Good Luck !

goodfella789

I had a reply to my first letter (followed the template) from Jet2 at the end of November, stating it was a busy period and they are dealing with enquiries in order of date received.
Is this avoidance tactics?
I presume the best thing to do is send them a second letter, but should i state i will seek guidance from the CAA within 14 days, or should i just threaten them with the small claims court straight away?
Is there a template follow-up letter?
Thanks.

richardw

goodfella789, don't give an airline the smallest/slightest opportunity for them to say that you have been 'unreasonable'.

topyam

So far we have a template for the first letter you send to the airline.

Is it possible to get further templates for likely scenarios after this?

richardw

topyam wrote: »

So far we have a template for the first letter you send to the airline.

Is it possible to get further templates for likely scenarios after this?

PM MSE Natasha, MSE Dan, MSE Jamie and MSE Martin for the answer.

tomawest

Tiggifarfar. wrote: »

Wow, there is some brilliant advice on here, can anyone advise me on my situation, dating back to September 2008?

We booked a package hol thru TC, there were 8 of us altogether (two families of 4). Our outbound TC flight to Ibiza was due to take off at about 12.15pm but didn't take off til about 9pm. The plane needed a part replacing, that part was being flown to Gatwick by another plane, when the part was fixed, two passengers decided not to fly and there were further delays removing their baggage from the plane. We were given one meal voucher each during this time and a free drink after take off. It was hellish.

From what I read here, I think I have a claim.
-Should I write on behalf of all 8 of us initially?
-Cant remember flight number and have no paperwork but have dates-is this OK? (Will they hold records?)
-Do we go direct to TC travel agents or to their airline (if separate).
-Am I claiming for compensation or a refund or both?

Any advice would be much appreciated. Good luck to all the other claimants out there!

Hi,

I recently was successful with TC before going to court or even the CAA. This was despite having any documentation, booking reference etc.
If you booked all together then yes, make one claim for everyone. I did that for me and my girlfriend.
If you remember the dates then go on flightstats, you should be able to get the flight number etc easily as this is what I did.
I went straight to Thomas Cook
Not sure about the refund process but you can claim compensation.

The only problem I see with your claim is that it looks like it falls under the category of extraordinary circumstances for the technical fault and the fact that the passengers didnt want to travel (helpful to decide that at the last minute) isnt their fault. From what I have read regarding technical faults, if the plane that you are on suffers a technical fault whilst at the airport or during the flight, then this is regarded as extraordinary circumstances. Also, passengers deciding not to fly isnt really the fault of the airline either. The wooly area is when the plane has experienced a delay such as this and then results in it being late for the rest of the flights in which it is scheduled for that day.

I think that technical faults not being extraordinary circumstances relates more to planes that are out for maintenance as a result of a technical fault so the airline has to rework their timetable as a result of not having enough planes.