Compensation for delayed flights Discussion Area

Mark2spark

flightdelay wrote: »

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!

You claim against the airline.

This relates to a holiday/flight that you did not take due to a flight cancellation.

Mark2spark

delphi wrote: »

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.

Don't know where you got that from. The FAQ's on this thread clearly state that package holidays are covered.

Your claim is against the airline, TC.

Mark2spark

delphi wrote: »

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


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?

I have also read this, and it appears to be in direct contradiction to the ECJ ruling and the advocate generals opinion.
So I don't know what the CAA are up to.
Rather reassuring to read of the successful claims filtering through against BA for tech issues though.

Mark2spark

Re-post of the FAQ's

Mark2spark wrote: »

FAQ's with amendments.

All blue words are links to relevant posts. Some are quoted just to save you doing that

WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

Flight Stats

Small claims time limit Its 6 years

Package holiday flights ARE covered.

Regulation261\2004

MSE article corrected

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background

Thomas Cook address
Thomas cook incident Oct 26 2012

KLM Claim form
Ryanair address
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address
Compensation per person + Monarch email
Monarch Claim form

Centipede100 Template letter
CAA Template letter


Airline claims 2 years maximum to claim The UK time limit is 6 years, - that's the Law

Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 years
CAA Denied boarding
Right to Care
CAA contact details
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL:

Successful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax
Mooeyitfc Swiss Airlines LCY-Zurich £400
Wheetyfree easyJet flight 5068 Nice to Gatwick on 19th October 2012
Dominicbond BA208 on 24 May2012 €600
Conan WizzAir Unspecified
fabkids BA UK-Australia 08\2012 €600 each,
...and many others since...

Mark2spark

Centipede100 wrote: »

It is approx £480 converted from €600...!

Ahhhh! The £ symbol and the € symbol are what confused me

Mark2spark

111KAB wrote: »

Mark - as far as I can ascertain Monarch Airlines Limited have yet to compensate anyone as they appear to quote extraordinary circumstances in respect of every delay of 3 hours +. My belief is that they are frightening passengers and indeed I know from people who were delayed on my flight that they just cannot be bothered to pursue. I feel that you are being pushed into the claim route ~ whether you finally end up going to Court is dependant upon Monarch appearing of course.

I have a sneaking suspicion that Monarch are in deeper money trouble than that publicised recently, and that they simply can't afford to commence paying out, maybe their bankers won't extend their overdraft?
I can't remember the figures but I think they lost in the region of £500 million last year.
Peanuts to the depth of doggy doo that TC are in of course

Mark

jacksback

Centipede100 wrote: »

I would word it something like this:


Our flights were delayed leaving Manchester and Lanzarote respectively. We arrived in Lanzarote 5 1/2 hours after the scheduled arrival time and in Manchester 5 hours after the scheduled arrival time. The airline has not provided a reason or defence for the delays suffered (but you should state the reason if they have included anything within the correspondence to you).

Thanks Centipede,, they have never given any reason for the delays even though I have been asking them for 2 years!

Darlonige

Caz3121 wrote: »

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

ok I have a bit more detail
Flight was on 27 Sept 2006 with Easyjet
It was cancelled (as per Flightstats)
No reason was really iven apart from the inward flight was delayed
We did not fly back until next day arriving back over 12 hours late?
So whats my 1st step? Write to Easyjet using the template on here?
If so does anyone have the correct address I should use.
All help much appreciatted
Thanks

nuttyports

Hi we were delayed 24 hours from Cuba to London on a Thomson Flight - can we still claim as it didn't leave an EU airport (although the original path went from London - Cuba - London). Any advise would be much appreciated :-)

topyam

Has anybody had any reply from Flybe?
If so, how did you contact them in the first instance - I emailed their customer services email and have had no reply.