Compensation for delayed flights Discussion Area

Mark2spark

Rob_07 wrote: »

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:
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.

This is the standard TC response. Time to issue court proceedings.

Mark2spark

TC: "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".

This so pathetic it's unreal. A commercial airline that experiences breakdowns and faults in the normal day to day running of it's business, that is for profit, is not something that is compared with maintain your own car for social domestic and pleasure purposes.
They are supplying a service for a fee.
A car owner is not.
In both instances the fixing of the fault is wholly within the control of the owner.
That's the bit that TC doesn't get. They seem to be saying that if something breaks down then they can take as long as they like to fix it.
That's NOT what the ECJ judgement says.

Mark2spark

balajo wrote: »

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

Cancellation = refund of fare and free return flight to point of origin. Since you were already there...?

Mark2spark

maghater wrote: »

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.

You unfortunately have to go through the motions of letter writing, refuting their excuses, until the time comes to issue court proceedings.

Mark2spark

Fletchasketch wrote: »

Is anyone else on here trying to claim with Ryanair? Any successes?

Sent a claim letter after the flight in 2009, recorded delivery to Dublin and received no response. It wasn't the template though, do I still need to contact Ryanair before going down the court route. Every time I try to use the complaints feedback form it crashes.

Weird that.

Send a LBA by recorded next. After the time frame you give, issue court proceedings.

Mark2spark

DWayneLove wrote: »

First time posting on here so be kind.

Has anyone had any luck pursuing a claim with Etihad? We had a 20 hour delay from MAN to Abu Dhabi in October 2010, and they have just replied that they are denying the claim citing a 2 year time limit on such claims. That clearly contradicts the 6 year limit applicable in the UK. Surely they can't use that argument to weasel out of their legal obligations?

Next step will be the CAA, though to be honest I'm not optimistic that Etihad will ultimately take any notice.

Claims in the UK were stayed by court until the ruling on 23 Oct 12.
Write one more time urging them to reconsider, give them a time frame to respond, say 21 days, and if no joy then issue court action.

Mark2spark

debi30 wrote: »

I have written to thomas cook airlines regarding a 7 hr flight delay in september. Just had a reply saying it was a technical fault which they do not pay compensation for!!

Nothing new there then. LBA for you next.

Mark2spark

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.

Then that's all you need to go to court with. They'll be claiming that the tech issue was compounded by the ironing not being done next.
Tech issues are NOT EC's.

The EC, that is beyond the airlines control, HAS to BE the reason for the delay, simple as that. The EC comes first, not the tech issue.

Mark2spark

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?

Whilst you can claim back to 2005, you are out of time to file a court action. 6 years is the UK time limit. (see the FAQ's)
I do not know of a EU member state with a longer limit.
Therefore you are out of time to do anything except ask nicely with a pretty please.
Good Luck.

Frequent_Flyer_UK

just checking back and in last three years I have done over 200 flights and I am not eligible for any compensation

Lucky to have avoided the delays

Unlucky no compensation

HNY to all