Compensation for delayed flights Discussion Area

111KAB

tomawest wrote: »

I would expect something along the lines of a bird strike to come within this remit as it is outside the normal operations of an aircraft

What I meant earlier was, if this flight was damaged outside the normal operartions, then the wooly area is whether it is the airlines fault regarding the subsequent delays that result from this plane not operating.

I list the last 4 months of bird strikes from a web site which features a low percentage of the recorded strikes.


Easyjet A319 at Isle of Man on Jan 2nd 2013, bird strikePIA B773 at Dhaka on Dec 26th 2012, bird strikeANA B788 near Okayama on Dec 24th 2012, cracked windshieldJetKonnect B737 at Dibrugarh on Dec 21st 2012, bird strikeWisconsin CRJ2 at Philadelphia on Dec 19th 2012, bird strikeSkywest CRJ2 at Albuquerque on Dec 15th 2012, bird strikeSouthwest B733 at Albany on Dec 15th 2012, bird strikeSkywest CRJ2 at Bakersfield on Dec 13th 2012, bird strikeTAM A320 at Curitiba on Dec 13th 2012, bird strikeSouthwest B733 at Oakland on Dec 8th 2012, multiple bird strikesJetblue A320 at Ft. Lauderdale on Nov 26th 2012, bird strikeUnited A320 at Cleveland on Nov 24th 2012, bird strikeLufthansa A321 at Berlin on Nov 24th 2012, engine shut down in flightRepublic E170 at Key West on Nov 23rd 2012, bird strikeKLM Cityhopper F70 near Amsterdam on Nov 20th 2012, odour in cabinUnited B752 at Portland on Nov 17th 2012, bird strikeSkywest CRJ2 at Denver on Nov 11th 2012, bird strikeJet2 B752 at Cork on Nov 10th 2012, bird strikeShuttle America E170 at Boston on Nov 6th 2012, bird strikeAmerican B763 at Zurich on Nov 5th 2012, bird strikePIA B743 at Karachi on Nov 5th 2012, bird strikeAeromexico B737 at Monterrey on Nov 3rd 2012, bird strikeAserca MD82 at Caracas on Oct 31st 2012, bird strikePIA A313 at Lahore on Oct 29th 2012, bird strikeInterjet A320 at San Antonio on Oct 28th 2012, engine vibrationsDelta A320 at New York on Oct 27th 2012, bird strikeAir Bridge Cargo B744 near Zaragoza on Oct 27th 2012, bird strikeGermanwings A319 at Cologne on Oct 26th 2012, bird strikeGermanwings A319 at Cologne on Oct 26th 2012, bird strikeAmerican Eagle E135 at New York on Oct 22nd 2012, bird strikeArann AT42 near Shannon on Oct 21st 2012, engine shut down in flightAir Canada B773 at Vancouver on Oct 17th 2012, bird strikeAeroflot A319 at Omsk on Oct 14th 2012, bird strikeUS Airways A319 at Orlando on Oct 14th 2012, bird strikeAir Berlin B738 at Kerkyra on Oct 14th 2012, bird strikeGrozny YK42 at Nalchik on Oct 12th 2012, bird strikeAmerican B738 at Miami on Oct 11th 2012, bird strikeExpressjet CRJ2 at Columbia on Oct 5th 2012, bird strikeEasyjet A319 at Newcastle on Oct 4th 2012, bird strikeSouthwest B733 at Hartford on Oct 3rd 2012, bird strikeIberia A343 at Madrid on Oct 1st 2012, bird strikeAer Lingus A333 at Chicago on Sep 30th 2012, bird strikeAirTran B712 at Baltimore on Sep 29th 2012, bird strikeSita D228 at Kathmandu on Sep 28th 2012, bird strikeUnited B737 at New York on Sep 27th 2012, bird strikePIA B773 at Karachi on Sep 24th 2012, bird strikeBritish Airways B734 at Genoa on Sep 24th 2012, bird strikes into both enginesTACA A321 at Managua on Sep 22nd 2012, rejected takeoffVueling A320 at Barcelona on Sep 22nd 2012, bird strikePAL A319 at Zamboanga on Sep 22nd 2012, bird strikeAir Berlin A320 at Osnabruck on Sep 21st 2012, bird strikePorter DH8D at Windsor on Sep 21st 2012, tail strike on takeoffVladivostok A320 at Khabarovsk on Sep 20th 2012, bird strikeAlitalia A319 at Rome on Sep 19th 2012, bird strikeAeroflot A320 at Moscow on Sep 13th 2012, bird strikeDelta B753 at Detroit on Sep 13th 2012, bird strikePIA B733 near Lahore on Sep 9th 2012, cracked windshieldDelta DC95 at Birmingham on Sep 1st 2012, bird strikeAir Italy B733 at Olbia on Aug 29th 2012, bird strike

rusty_frog

Vauban wrote: »

I agree - but would be blunter: tomawest is talking tripe.

We're fortunate to have two or three experts on this thread. But whilst none has a monopoly of wisdom, and anyone can have a view, it's unhelpful to present misleading (ie wrong) opinions as fact. The thread will quickly lose its value if that happens, I'm afraid.

Well said!

Whilst I love to take part in banter and reasoning on various forums, I take the view that on certain subjects, where serious advice is sought, unless you are certain of facts, then any posts should always be expressed as personal opinion.

Jonniecrooner

Following an unsuccesful reply to an email I issued at the time, I recently wrote a really long letter to Easyjet using your template in relation to compensation for a near 10 hour delay between Murcia and Bristol last March in which I feel we were treated very unfairly especially with the £2.80 every 3 hours towards refreshments which hardy managed to buy a packet of crisps. Despite requesting the compensation for delay under the EU rules and additional out of pocket expenses with explanations etc this was the feeble email reply rec'd after many weeks of waiting:

There is no explanation to what "extraordinary reason means ". My understanding of the situation at the time was due to engine problems which resulted in a relief aircraft being flown out as it could not be fixed that day. It sounds like a real fob off to me. Is it right that they will not pay compension for this?. Do I have any grounds in which I could persue this further?. :mad:

---

Thank you for contacting us.

I have investigated your case and we really apologise for all the inconveniencethat you have faced due to the delayed flight.I would like to let you know thatthe flight was delayed due to an extraordinary reason.

In accordance to the the EUC legislation we can not give you the compensationas the condition of delay is due to an extraordinary circumstance.we reallyappreciate you contacting us with this matter.If you have any other queryplease reply me back on this email or you can call us on our customer servicenumber that you can find on the link given below.

balajo

Can you provide the web site name or address that lists the historical data as to whether a flight was late and by how much time.

Obviously_the_best

balajo wrote: »

Can you provide the web site name or address that lists the historical data as to whether a flight was late and by how much time.

If you can't remember if your flight was late or not, you probably shouldn't be claiming compensation, as it obviously didn't cause you that much stress or inconvenience, and you're obviously just scrounging for free money

JPears

Advice sought with MCOL claim submission. Is there any additional law/ruling that should be quoted in the particulars of claim other than this?
"under Article 7 of EC Regulation 261/2004 following the ECJ judgement in November in joined Cases C 402/07 and C 432/07 Sturgeon v Condor and Bock/Lepuschitz v Air France."
Thanks in advance.

megan01

Hey guys. I originally sent off a letter to Thomson the day after this was first mentioned in the newsletter. I have never received a reply, and have decided to chase this up.

What have peoples experiences with Thomson been? What address did you send it to? Or did you email? Please get back to me, thanks

JPears

Read the thread, long though it is?

Mark2spark

JPears wrote: »

Advice sought with MCOL claim submission. Is there any additional law/ruling that should be quoted in the particulars of claim other than this?
"under Article 7 of EC Regulation 261/2004 following the ECJ judgement in November in joined Cases C 402/07 and C 432/07 Sturgeon v Condor and Bock/Lepuschitz v Air France."
Thanks in advance.

Can't remember your in's and out's JP, but on the face of it, simple wording like:

Compensation is due under Article 7 of EC Regulation 261/2004

might be enough.
The court application paperwork is just for a simple explanation of the basics, there's a whole lot more of paperwork (called a 'bundle') that needs to be provided, especially if the case is defended.

Mark2spark

FAQ's again.

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,