Compensation for delayed flights Discussion Area

kibblerok

Hi all, can anyone confirm if the CAA can provide more detail on the cause of the delay?

The airline confirm a technical issue compounded by extraordinary circumstances thus not entitled for compensation. Before this goes further are you able to obtain more in depth information from anywhere?

If you decide to take this further, you're pretty much going in blind without it.

JPears

Whilst you maybe "going in blind" if your letter have requested detailed explanation with a view to further action and the airline have not been forthcoming I suspect that may go in your favour in court? Although I stand to be corrected.

Gobbledegeek

Thank you thalia22. The Iberia flight from Madrid to Rome was made on November 15th 2006. It was 3 hours and 20 minutes late. I thought the original article on MSE said that compensation could be claimed back to February 2005, although several other posters have suggested I might be out of time?

In light of this am I better off:
1) Writing to Iberia again informing them that I expect compensation.
2) Writing to the CAA.
3) Writing to AENA
4) Accepting that I am out of time?

thalia22

kibblerok wrote: »

Hi all, can anyone confirm if the CAA can provide more detail on the cause of the delay?

The airline confirm a technical issue compounded by extraordinary circumstances thus not entitled for compensation. Before this goes further are you able to obtain more in depth information from anywhere?

If you decide to take this further, you're pretty much going in blind without it.

Hi kibblerok,
I had a negative response from my airline carier as depicted in blue. I asked the specific questions highlighted in red. You might consider writing again to the airline asking the specific questions listed for guidance, say i),ii),iii) & iv), to se what their actual response is, it could be useful in court.
Hope this helps, my statements and advice is for guidance only.


4) Owing to an unexpected technical problem that could have affected the safety of the aircraft, your first flight was delayed, which meant you were unable tocontinue your journey on the connecting flight you had booked.
4) The statement only states quote, “owing to an it unexpected technical problem that could have affected the safety of the aircraft, your first flight was delayed " Iberia have not even
confirmed or acknowledged that the flight was delayed for six hours. Yes it obviously meant that the interconnecting flight would be missed at Madrid. It is noticed that Iberia used the word Could have affected
safety, but have not defined exactly what the technical issue actually was.
Under the CAA rules Iberia have not yet proved that the delay was due to”extraordinary circumstances" which could
not have been avoided, even if all reasonable measures had been taken*
1 therefore require a detailed explanation in writing of he followmg:-

i) What was exactly the technical issue that could affect safety.

ii) Did this specific technical issue actually affect safety, and define the cause, the nature, and action involved
iii) Define that the circumstances are not inherent in the normal exercise of the activity of Iberia as the air carrier.
iv) Define and demonstrate that Iberia could not have acted differently if all reasonable measures had been taken.

v) At the time of the incident the airline failed to inform me of my rights in the prescribed manner, therefore
already in breach of the regulation. As I was not appropriately informed of my rights it was not possible for me to request proper compliance of my rights to which I was entitled, giving rise to a claim for damages as per article 15 sub 2 EC regulation 261/2004.
vi) Moreover Iberia is pursuant to the Montreal Convention 2001/539/EC under article 19 and 22, liable for any damages I incurred as a result of the delay.

thalia22

Gobbledegeek wrote: »

Thank you thalia22. The Iberia flight from Madrid to Rome was made on November 15th 2006. It was 3 hours and 20 minutes late. I thought the original article on MSE said that compensation could be claimed back to February 2005, although several other posters have suggested I might be out of time?

In light of this am I better off:
1) Writing to Iberia again informing them that I expect compensation.
2) Writing to the CAA.
3) Writing to AENA
4) Accepting that I am out of time?

Hi again,
From the dates given, (15th November 2006), you are outside the UK statutory time limit of 6 years, for County court Claims. i.e period expired on November 15th 2012. As I am not aware of the Spanish time limit, (could be two years), all I can suggest is you write to the Spanish regulator, the AESA who will investigate, if it is within the Spanish legal time parameters. Alternatively make contact with the CAA who should know the legal time limit in Spain, If you are outside that, then their is little you can do. Hope this helps.

Loopieloo89

Good Morning, looking for a little advice as to whether or not I can claim? Newbie so please ignore my ignorance.
With my family (4 of us in total) , we were told when returning from Florida in October that flight was delayed 5 hours due to operational reasons. This caused us to miss connecting flight to Glasgow and gave a huge 5-6 hour wait in London as they booked us onto next avail flight. original flight from Gatwick would have landed at 8.25am. As I was unhappy BA re-routed me, however this was only to stop the huge stopover in London, as we still didn't land back in Glasgow until 3.25pm. Do i still have a claim as I landed back over 5 hours after original landing time?

Caz3121

The claim would be based on the delayed from from Florida and whether a payout is due depends on whether the reason for this delay was within the airlines control or not

neilogg

Jonniecrooner wrote: »

MimieJD wrote: »

A success story!
My BA flight out of Amsterdam with my 2 young kids was cancelled last June because of engine problems. Because the next flight was not until late evening we stayed in a hotel at BA's costs and flew back the next day. After they also reimbursed my taxi costs home I thought no more of it. Until I re-read the article on MSE and thought I'd give it a try yesterday afternoon. Filled in the claim form on BA's website using the template letter and today I have already received a reply from BA saying that they will compensate me...£614 is coming my way :j
Receiving this money means my credit card is paid off completely a month early and I'm left with extra money even!
Now I have to sit down and do my PPI claim forms...[/QUOTE

Interesting as Easyjet have turned my claim down stating compensation could not be paid for engine trouble "In accordance to the the EUC legislation we cannot give you the compensation as the condition of delay is due to anextraordinary circumstance".

Congratulations on getting a positive response from BA so quickly. I filed a claim with them a week ago and, other than a standard automatic acknowledgement saying I would hear from them very soon, I have had nothing.

liviboy

neilogg wrote: »

Jonniecrooner wrote: »

Congratulations on getting a positive response from BA so quickly. I filed a claim with them a week ago and, other than a standard automatic acknowledgement saying I would hear from them very soon, I have had nothing.

Exactly the same for me.

I sent my first letter on 1st November. No reply whatsoever

Follow-up letter and email sent around 26th November - no reply whatsoever except the automated email one.

So I have decided to issue a LBA today giving 28 days for a reply not even a settlement etc, just a reply!

If I hear nothing within the 28 days then ill pop down to my local court ( in Scotland so no MCOL)

All I've been looking for is an acknowledgement of my claim!

MimieJD

My success with BA could have just been a one-off then... I just put a claim in for my elderly mother as well who got delayed for more than 4 hours in 2009, lets see if they respond to this!