Compensation for delayed flights Discussion Area

maghater

Having a frustrating fight with Thomas Cook over an 8 hour delay from Palma to Newcastle LAST June. When finally in the air we were told that the delay was due to the plane being involved in a ground accident earlier in the day, and therefor having to be withdrawn. At check in we were told that there was a 1 hour delay due to a technical issue with plane, and therefor to proceed to departure lounge as normal. Given 5 euros compensation!! Thought it would be a simple case.

balajo

I received confirmation for compensation for a cancelled flight for that day in December that snow slowed everything down. Just used their website and they didn't balk because at the time of the flight they made an operational decision to cancel the flight as next flight left even though I tried to get on it and the rest were cancelled for the morning. However I have a question, I had a return flight the same day and it was cancelled too. Can I claim for that as I never left the point of origin and the return flight was to return to where I started. They sent me a cancellation email so even though I was at the airport considering whether I should get on afternoon flight when I got the cancellation for the return I stopped trying to see what the airline could arrange.
This is for British Airways. Ams Lon Return

joerugby

liviboy wrote: »

neilogg wrote: »

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!

If you have received an automated email response that at least confirms BA have received your communication. We got a positive answer from BA seven weeks after the automated email.

liviboy

joerugby wrote: »

liviboy wrote: »

If you have received an automated email response that at least confirms BA have received your communication. We got a positive answer from BA seven weeks after the automated email.

Thanks for the message - i have put off chasing them up until now beause I know they have been one of the airlines to actually be dealing properly with their claims. I also know from frequenting on the FlyerTalk forum that they had around a 5-6 week turnaround.

However, my first letter was sent on the 2nd November so it's now been 9 weeks since my first letter - I have given them all of my contact details and even invited a reply by e-mail rather than letter.

The main reason for issuing the LBA today, other than to try and actually get a response, is because none of my previous letters were sent using recorded delivery or indeed through a post office with proof of postage, so I wanted at least one letter to have a confirmation of postage and hopefully of delivery.

I have 2 seperate claims with BA - 1 is for a long delay at Terminal 5 due to a missed domestic connection, caused by a short delay in New York (around 40 minute delay) due to the plane being cleaned. Because I missed my connection I was re-booked onto the evening flight meaning a total delay of around 7 hours and I was given a £10 voucher for the entire duration of the delay. There were 3 other earlier flights up to Edinburgh and they refused to even put me on standby for these earlier flights.

The second claim is for both myself and my wife who suffered a long delay at Gatwick causing us to land over 3 hours late in the USA. This caused subsequent problems which were quite inconvenient. The delay was noted the night before the flight at around 30 min delay "for operational reasons". The delay grew and grew and by midnight of the night before it was at 2 hours. In Gatwick it was further delayed and we finally left over 3 hours late and due to headwinds the time wasn't caught-up by the captain.

While I don't normally agree with the "compensation culture" - on both of these occasions I was quite heavily inconvenienced by decisions that BA made.

liviboy

MimieJD wrote: »

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!

I wonder if your success is more because it was a cancellation rahter than long delay? Just a thought as you were able to use the online form unlike delayed passengers.

joerugby

There is a fairly new and very thorough thread on BA Compensation on flyertalk

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-beta-your-guide-regulation-261-2004-a.html

liviboy

joerugby wrote: »

There is a fairly new and very thorough thread on BA Compensation on flyertalk

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-beta-your-guide-regulation-261-2004-a.html

Thanks for the great link.

I suppose it really is just a waiting game again - hopefully I'll have an update before February and obviously I'll let everyone know one way or the other.

Rob_07

Flight Reference: T303981K
London Gatwick - Larnaca
Date: 29th August 2012 (Scheduled 9:25am)
Delay: 7 hours

Hi - I've finally recieved a response from Thomas cook claiming extraordinary circumstances due to a technical reason - would be grateful for advice on where to go from here this is the 2nd response this follows the recent ruling after I challenged their initial response


Letter received Saturday 5th January:

I am writing in response to your recent telephone call to us regarding the delay you experienced on your travel arrangements with Thomas Cook. First of all I would like to offer my sincere apologies for the delay in replying to you.
It is with regret that I note your flight with us was delayed. Whilst delays are an accepted part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

Although delays are rare, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the maintenance of your own car, which can break down at any time without prior warning, regardless of it's service history, and would be considered completely beyond the owners control.

I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your holiday was found to be an enjoyable one.

delphi

Can anyone help by clarifying six year rule for claims. I've written to Thomas Cook about a delay, had an initial response and written again asking for clarification of their claimed "extraordinary circumstances" but also warning them that I might begin legal route. Had no reply to second (recorded) letter. As six years is up in a couple of weeks, do I need to begin legal claim within the 6 years or must the court date be within six years?

Mark2spark

delphi wrote: »

Can anyone help by clarifying six year rule for claims. I've written to Thomas Cook about a delay, had an initial response and written again asking for clarification of their claimed "extraordinary circumstances" but also warning them that I might begin legal route. Had no reply to second (recorded) letter. As six years is up in a couple of weeks, do I need to begin legal claim within the 6 years or must the court date be within six years?

You MUST begin the court claim within 6 years.