Compensation for delayed flights Discussion Area

Mark2spark

scluryb wrote: »

Hi there,
I have a situation that I think is different to the other posts here (I've trawled through as much as I can of the 238 pages to check!)

I was due to fly Gatwick - Cancun with Thomson tomorrow at 9.30am.
They text me today at 12.46pm to say the flight has been delayed until 16.40 tomorrow.

So my flight has been delayed by more than 5 hours, but I'm not at the airport. It's still less than 24 hrs notice which is pretty shoddy. They use the word 'delayed' in the text, rather than 'rescheduled', although they don't say why it's been delayed.

Am I entitled to compensation (presuming it's their fault etc.)? There doesn't seem to be much info on the web with regard to how much notice they are required to give you when delaying/rescheduling.

Can anyone help?!

Thanks!

You entitled to a meal and refreshments for now. You may be entitled to compensation depending on the reason for the delay.
My bigger fear, if I were you, would be to take them at their word and not check in until the early afternoon, and then find you are denied boarding for late check in !!
Does the text say anything about that?

Mark2spark

papekani wrote: »

I submitted a claim to BA at the end of November (they have confirmed they logged it on the 30th) for compensation following a delay of over 5 hours from LHR-JFK for 3 passengers, caused by their failure to lay on a replacement plane until 1900 after discovering a fault with the scheduled one earlier in the morning.

I have not even had a written acknowledgement from them. I have now had to call and chase three times since then, and have just been told that "it's in the queue" but they have a huge caseload to go through and cannot tell me when I might get an acknowledgement.

How long would you guys wait until kicking up stink, and how would you go about it?

I am thinking that a Letter Before Court Action might just help my claim move up the list a bit, on the basis that they have not disputed the claim within a reasonable period nor have entered into any correspondence, and so I therefore consider them to owe me the money.

Any thoughts?

The faq's contains a link to the BA forum website. There are also stories from several posters over the llast 3 pages of how long BA took to settle. Yours is not long in that respect.

Brandnew_2

So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert "en-route" to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."

True?

Mark2spark

estalgo wrote: »

My Easyjet flight from Madrid to London from a couple of years ago was delayed 5+ hours. I contacted the airline via email a few weeks ago and after investigating the cause of the delay, they replied:

"Let me confirm that the delay was due to Captain sickness, which falls under non-extraordinary circumstances causing delay, therefore I am afraid there will be no compensation."

The moneysavingexpert flight delays section indicates that captain sickness is the airline's fault and therefore I'm entitled to compensation. I'll send the complaint to the CAA, but is there anything else that we can do? Did the court rule specify which circumstances apply to get a compensation, so that I can try to persuade Easyjet to change their mind?

Also, on the day of the delay the Easyjet staff told us that the reason why our flight was being delayed was that there was not actual plane (it was an early morning flight, and the flight from the previous night hadn't arrived). Is there any way for me to confirm that? I'm afraid that Easyjet might be "making up" the cause of the delays in order to deny compensation to customers that complaint.

Thanks!

Depends on how long you want to wait. The CAA might take 8 - 12 weeks to get back to you. If they agree, and easyjet still don't, then you'll have to go the MCOL route, which if easyjet choose to defend, might take another 3 - 9 months to get a court date.

Mark2spark

Brandnew wrote: »

So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert "en-route" to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."

True?

One for the CAA to confirm or deny I would say.
IMO, no. But I don't have to pay to take them to court and pay their costs if the case is lost.

liviboy

papekani wrote: »

I submitted a claim to BA at the end of November (they have confirmed they logged it on the 30th) for compensation following a delay of over 5 hours from LHR-JFK for 3 passengers, caused by their failure to lay on a replacement plane until 1900 after discovering a fault with the scheduled one earlier in the morning.

I have not even had a written acknowledgement from them. I have now had to call and chase three times since then, and have just been told that "it's in the queue" but they have a huge caseload to go through and cannot tell me when I might get an acknowledgement.

How long would you guys wait until kicking up stink, and how would you go about it?

I am thinking that a Letter Before Court Action might just help my claim move up the list a bit, on the basis that they have not disputed the claim within a reasonable period nor have entered into any correspondence, and so I therefore consider them to owe me the money.

Any thoughts?

As you'll see from my earlier posts - I submitted my initial claim to BA on 1st November (2 seperate claims for 2 seperate flights).

Like you I have had no acknowledgement or follow up.

They were chased up on the 26th November (after the intial 14 day time to settle).

Knowing they were backed up I held off doing anything during December.

I have issued an LBA inviting them to settle within 28 days and this was signed-for on Monday. I also e-mailed them with the chase-up.

I did want to hold off filing my LBA but felt after over 9 weeks of waiting with not even an acknowledgement I needed to show that I still exist and am still claiming the compensation due to me.

Obviously I would rather hold off going to court (living in Scotland, the small claims procedure is a bit more complicated than England's MCOL..it's also quite expensive due to the level of compensation owed). I believe BA will do the right thing in the end (hopefully they will as I'm looking to book flights in August with them and could do with the money...) and so I'm now happy to wait out my 28 days (even extend to 28 working days) for a response from them before heading down to my local court house.

111KAB

Brandnew wrote: »

So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert "en-route" to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."
True?

Point 1 ~ Hydraulic failure = technical problem which does not = extraordinary circumstance.
Point 2 ~ Wouldn't be suprised if this was an Airbus however even if not hydraulic failures are commonplace on aircraft.

Best to stick to the 'legal'reason for denouncing extraordinary circumstance unless you want to get into a long-winded document as to the daily hydraulic failures on planes.

Edit ... apologies to Flybe ~ they have no Airbus planes within their fleet!

cart583

does anyone have email address for monarch that i can email to ask for them to send me claim forms via email that i can download and print off to save time them posting as i am aware they are dragging their heels. thankyou

111KAB

cart583 wrote: »

does anyone have email address for monarch that i can email to ask for them to send me claim forms via email that i can download and print off to save time them posting as i am aware they are dragging their heels. thankyou

[EMAIL="customer.relations@monarch.co.uk"]euclaim@monarch.co.uk[/EMAIL]

Mark2spark

Re post of the FAQ's with CAA contact details included.

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 New!
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...