Compensation for delayed flights Discussion Area

Vauban

Centipede100 wrote: »

I would also take the advice from that thread as quite persuasive. At least 2 of the authors are solicitors/lawyers and I believe that all those credited have at some stage made successful claims against airlines under 261/2004.

Whilst the thread cannot be taken as legal advice since it is freely offered on a public web forum, do take the advice seriously as well as the view of the ECJ and its Advocate General.

To be clear, I find it persuasive too: it's well written and accords with my own understanding of the law. But it is hardly definitive: it remains an interpretation to be tested in a court of law. It remains unclear to me, not having sight of any cases that may have proceeded to a verdict, whether the judgment of the court is consistently endorsing this interpretation of 'extraordinary circumstances'. I'd be really interested to know.

A separate question, as I've hogged the floor again: my delay involved a return flight from Sharm to London. But the actual delay occurred entirely at the UK end (a technical problem - which I believe to be a cracked windscreen - meant the plane never flew out to Egypt to meet us). Does this mean that I can ask the CAA to investigate, and not pass on to the Egyptian aviation regulator, as the incident occurred entirely in the UK?

JPears

So I#m a bit concerned I may be confused. Our delayed flight was from France to UK, on a UK airline. So I make the complaint to UK airline, UK CAA and I use MCOL in UK for small claims?
Flight delay was caused by knock on from a delay in plane leaving UK.

Daza

JPears wrote: »

So I#m a bit concerned I may be confused. Our delayed flight was from France to UK, on a UK airline. So I make the complaint to UK airline, UK CAA and I use MCOL in UK for small claims?
Flight delay was caused by knock on from a delay in plane leaving UK.

You claim from the UK Airline
the French CAA
and MCOL in UK

mayweather12

Hi,

Just wondered if I was required to post my letter to Canada or not,
flew with Sunwing airlines, from the UK, and was delayed for 23 hours! Hoping for compensation - Understand as I stayed in a hotel which was given after 11 hours, I flew the following morning with them, but did not fly on their returning flight, as that was also delayed. - Can I only get the compensation correct, for the value of 480 Eu, as was to Toronto. This was in 2012, summer.

the flysunwing.co.uk website :

Shows an address in Canada, not the UK. What shall I do, go straight to the CAA? - They have very bad customer service, no hope in a refund according to those around the internet, so thought about going straight to the CAA?

My understanding though is that I may aswell send this to their Canadian address, if no reply, then send the letter to CAA. Was thinking of sending to their UK representation agency I bought from?

Thanks in advance for any advice.

WoodyT_2

Hi all :wave:

Just after a bit of advice pls... we went to Mexico in December and were delayed for just over 24hrs on the way out. We were 'put up' in the Britiannia Stockport but moved as it was disgusting. I am claiming for all my expenses regarding the accommodation etc.

With regards to the flight, I have seen the EU ruling that leads me to believe I am entitled to £480 for the delay plus maybe a refund on the flight, even though we still went. Is this correct? We flew premier class but there was nothing premier about it!

Has anyone ever received this payment regarding an overnight delay? Also if I claim on my insurance can I also claim against Thomson?

Thanks in advance for any help.

topyam

Reply today from Ryanair for a flight delayed over five hours..

We sincerely regret the delay to your flight xx from xx to xx on the xx/xx/200x, which was due to operational reasons. Ryanair is committed to provide on time services for all passengers and is Europe's No. 1 on time airline.

Notwithstanding the above, there are situations which are outside of the control of an airline, such as unsafe weather conditions, unexpected flight safety problems, strikes and security risks that affect the on time performance of our flight operation.

EU261/2004 requires airlines to provide the Article 14.1 notice at the point of check-in and to distribute the Article 14.2 notice during a flight disruption. However, in order to ensure that the we are compliant with EU261 at all times Ryanair has for some time provided the Article 14.2 notice (in the relevant language) when passengers check in online. This gives them ample opportunity prior to their trip to review and to have access to the written notification of their rights at all times.
Below are the details of how passengers are advised of their rights under Article 14 of Regulation 261/2004
· The wording of EU261/2004-Article 14.1 is printed on each passenger’s online boarding passes in the relevant language.
· At the point of check-in online all passengers are provided with a direct link to EU261/2004 Article 14.2 in PDF format
· Passengers confirm receipt of EU261/2004 Article 14.2 notice prior to checking- in on line.
· Article 14.2 notice is available on our website at all times
· A link to the Article 14.2 notice is included in our website flight disruption notices on www.ryanair.com
A link to the Article 14.2 notice is included in the flight cancellation email sent to affected customers
· In addition the Article 14.1 is displayed at Ryanair Bag Drop Desks
· In addition the Article 14.2 is distributed by airport staff in the event of a flight cancellation or delay over 3 hours.

Notwithstanding the above our airport handling agents have confirmed that flight re-routing or refund services were provided along with the distribution of the EU261 Article 14.2 passenger notice.
We can assure you that Ryanair took all reasonable measures to prevent this flight delay, which was caused by circumstances outside of our control. Please note that when flights are delayed for reasons outside of the control of an airline, monetary compensation is not applicable under EU Reg. 261/2004.

Operational reasons - not extraordinary right?
Is there a good template/wording I can use to reply?
Is there anything else that I should ask them as well?

nuttyports

Hi would I be able to claim compensation if I booked a package deal with First Choice? We were delayed 24 hours due to a wheel needing replacement and they couldn't fly one out any sooner. This meant that we (myself and my partner) both had to take an extra day off work. Because this departed a non EU airport does this mean we can't claim? I'm a little confused (it originally departed Gatwick with the people that were holidaying in Cuba to then collect us, it arrived at Gatwick. Any advice is appreciated - it was over 2 years ago and I did complain but got no where. On top of this they run out of water on the plane so we couldn't even use the loo (10 hours trip was a killer).

swifty100

We were delayed on a JET2.com flight by nearly 5 hours. Sent off claim letter in November, received a reply a couple of days ago. The reason given on the day by the aircrew/ground crew and pilot, was that our plane had been diverted to Tenerife to pick up a flight because their plane had broken down. Jet2 reply says my claim is not allowed because " the delay was due to unexpected flight safety shortcomings", whatever that means. Is there any further action I can take?

Darlonige

Hi
Just after a bit of advise.
I was due to fly out of Faro back to the uk a few years ago but the returning plane was delayed. The kept putting the departure time back until they eventually told us that the flight would not arrive in Faro in time and we could therefore not fly back. The airport in Faro closes at midnight. They put us up in hotel etc but would I be able to claim compensation for the delay/cancellation?
Thanks for your help

Caz3121

Darlonige wrote: »

Hi
Just after a bit of advise.
I was due to fly out of Faro back to the uk a few years ago but the returning plane was delayed. The kept putting the departure time back until they eventually told us that the flight would not arrive in Faro in time and we could therefore not fly back. The airport in Faro closes at midnight. They put us up in hotel etc but would I be able to claim compensation for the delay/cancellation?
Thanks for your help

what was the reason they gave for the delay
what was the original departure time
how many years ago

If the delay was within the airlines control and after 2005 then you should be able to make a claim
If they refuse the claim, even though valid, and the flight was before 2007 then there is little you can do as you need to commence court proceedings within 6 years