Compensation for delayed flights Discussion Area

flightdelay

Hello, could anyone help clarify how to claim for a delayed flight taken on a package holiday - the mse page(s) detailing how to reclaim for a delayed flight states -

What if it was a package holiday?

The rules are no different, you still claim in exactly the same way."

on another page is states -

"What if it was a package holiday?

The tour operator has to either get you an alternative flight, an alternative holiday or refund the whole holiday cost.

Confused at best this is tricky advice?... ...and I want to ensure that my delayed flight to Jamaica of 4hrs 40 (arriving in the wee hours, some 20 hours after we left England- to late to eat at the hotel, mind you my appetite was waning after our luggage arrived smashed to pieces - later replaced by the package company) and return flight delay of 1hr 20 does not miss any compensation - my original complaint in 2007 was just ignored!

richardw

111KAB wrote: »

I understand you can claim court costs but not personal costs ie travel, time of work etc however if found in your favour and you want to 'push it' you can ask the DJ to take your/any other costs into consideration before the award is made however those costs cannot form part of a claim.

Call it pedantic, but perhaps it is worth being very careful in correspondence to demonstrate knowledge of the small claims process.

delphi

I booked a ski package with Neilson which used Thomas Cook Airlines as the carrier. I originally wrote to Thomas Cook Airlines but received a reply from Neilson and the following later follow-up reply from Neilson:

"The cause of the delay was due to a trailing wing flap disagreement, as this occurred outside of the maintenance schedule this is classed as an extraordinary event. This was detected when the aircraft had landed at Lyon Airport, when this had been fixed the aircraft then flew to East Midlands Airport and returned to Lyon Airport. This flight to East Midlands Airport was part of the aircraft schedule it was due to make before your original flight.

Having spoken further to Customer Relation Manager for Thomas Cook, they have advised me that it is not their intention to review their original decision and that your next option would be contact the CAA. CAA are the regulator who govern the operation of Thomas Cook Airlines."

I'm not sure what a wing flap disagreement is (!) but I assume it cannot be classed as an extraordinary circumstance? I will email the CAA but need to go to MCOL early next week in order to meet the 6 year claim deadline. However, I note some wording in the MSE advice that the compensation rules (may) not apply to packages, can anyone advise on this? Also, who do I cite on the MCOL, Thomas Cook Airline or Neilson (I know they are part of the same company but I'm guessing it will be important which name I use)?

Thanks to all those supplying advice on this forum.

delphi

Scanning the CAA's site, I came across the following:

"When we are considering a complaint about a delayed or cancelled flight and the airline has claimed extraordinary circumstances, we look at the evidence provided by the airline and may seek further evidence to be considered by our legal and technical experts. For technical problems this could include technical logs. Then we decide whether, in our view, compensation is payable, or whether the circumstances which led to the delay or cancellation were outside of the airline’s control.

Our decision is not legally binding, but it is one we have made carefully in the light of the evidence available to us. We have found that we consider the delay or cancellation to be outside of the airline’s control in the majority of cases reviewed."

Does this mean that the CAA consider most technical problems as extraordinary circumstances?

jamesh

I have sent my forms to Thomson.

But added a quick letter to warn them I would not be accepting any holiday or flight vouchers. I'm sure that is what they will try even if they agree to the compensation.

joerugby

WestHamDaz wrote: »

Back in November I posted how we had a delay of over 5 hours leaving Heathrow for Larnaca, flying BA out of LHR.

A letter was sent recorded delivery based on the template suggested on this forum. I had received no confirmation after 14 days so sent an email via the contact us page on the BA site, and apart from the automated reply heard nothing again.

Over Christmas I sent a final warning email and that I would begin court proceedings in the new year.

Today, after having no contact at all from BA I have received an email

Dear WestHamDaz


Thank you for contacting us about your claim for compensation.
Following a recent decision made by the European Court of Justice, you are entitled to compensation for the delay of your flight BA662 on 06 November 2012. The distance of your disrupted flight, as calculated in accordance with EU legislation, was between 1500km and 3500km. Based on this, you are entitled to €400 in compensation.
As there are two passengers included in your claim, the total compensation due is €800 which converts to £641.60. Please provide the following information so I can set up your bank transfer:

• Bank name
• Branch name
• Sort code (6 digits)
• Account number (8 digits)

If you would like to fax us your details our fax number is 01787 883 195 or you can send your details by email using our link below. Please feel free to send more than one email or fax if you are concerned about providing all your information at once, and include your case reference number on all correspondence.
I look forward to hearing from you.
Best regards
Mr BA Customer Service Chap
British Airways EU Compensation Claims

BA do seem to be doing the right thing now. We received our cheque today.

Just for the record:

1) Flight BA2202 CUN-LGW on Dec 4, 2010 was delayed by approx 24 hrs

2) We submitted our claim (just the facts, no threat of legal action) using the BA webform on Nov 12, 2012

3) BA replied by letter on Dec 31, 2012 saying they accepted our claim

4) We received and banked our cheque for £1,020 on Jan 8, 2013

It really was as simple as that

I'm very pleased that BA are standing up to their obligations and this will be another reason for us to use them rather than other airlines in the future

willhollis18

My flight with Jet2.com on the 18th September 2011 (LS656 from Paphos to East Midlands) was cancelled as the crew which arrived were out of flying hours due to a technical delay on the previous flight. The communication on the ground was very poor as the check-in crew obviously knew this upon check-in as we were immediately issued with vouchers but told we would be flying that evening - this was obviously a lie as they would have known the crew would be unable to make the return leg without the required rest break.

I have sent several letters including a NBA to Jet2 which have been ignored (excluding the generic - we are investigating your compliant stalling tactic). I therefore submitted a claim via MCOL late last week.

On my claim I only included the details of myself as the lead passenger as I assumed the claims should be made individually. I'm now worried that in doing so if Jet 2 settle I won't be able to claim for the second passenger in the party - can anyone reassure me that I will be able to submit a second claim?

Thanks

Will

Vauban

joerugby wrote: »

BA do seem to be doing the right thing now. We received our cheque today.

Just for the record:

1) Flight BA2202 CUN-LGW on Dec 4, 2010 was delayed by approx 24 hrs

What was the cause of the delay? You don't say, I think.

joerugby

Vauban wrote: »

What was the cause of the delay? You don't say, I think.

The incoming LGW-CUN flight was delayed initially because of a technical fault and then further when the crew ran out of hours, so there was no aircraft available for our flight until the following day

Mark2spark

richardw wrote: »

Can you claim costs?

I'm not a solicitor, but I believe I'm well versed in the costs part of a claim.
For MCOL, you can claim the cost of the application, plus interest on the debt owed.
If the airline defend the case and it goes to a hearing before a judge, you can also claim - if representing yourself (Litigant in Person) - sundry expenses such as photocopying.
If you have legal representation the costs of the solicitor charges can also be claimed.
Claiming and being awarded the costs are not a done deal, it's up to the judge to decide and award as he/she see's fit.
Hence the advice on this forum to appear reasonable at every stage of the claim, and to try and settle out of court.
Obviously you can't claim costs if you lose the case.