Compensation for delayed flights Discussion Area

KerryLou

Thank you - so even though I booked one ticket London-Samui, all with Etihad and arrived at destination 11 and a half hours late, they are outside of the ruling on account of the delayed flight being seen as separate from the whole journey?

fudgeit85

KerryLou wrote: »

Thank you - so even though I booked one ticket London-Samui, all with Etihad and arrived at destination 11 and a half hours late, they are outside of the ruling on account of the delayed flight being seen as separate from the whole journey?

I would interpret it as "flights" and not "tickets" from/to Europe

As your delayed flight was outside Europe it prob doesn't count I'm afraid, sorry

heather_p03

I have read most of the replies on this thread and just want to say thanks especially to Centipede100 and Mark2spark for all the invaluable info.

So here goes...letter sent off today to TC. Wish me luck folks.

Coops1711

just an update,
today i recieved a template letter from TC acknowledging my complaint & stating they were very busy at the moment & would get back to me as soon as possible.

as i had read on her that TC are nutoriously hard to get compo out of i prempted their late reply with a letter to the CAA at the beginning of January.

not had a reply from CAA yet, how long do they in average take to reply?

Gorbar

As anybody had compensation off Thomas Cook or Thomsons?

Brandnew_2

111KAB wrote: »

Yes - I would ask them to quote from the legal document that enforces this! Keep your powder dry at the moment but you could quote Article 5(3) of Regulation No 261/2004

My email to Flybe:

Also, please can you quote from the legal document that enforces what you say?

In support of my argument, I would draw your attention to Article 5(3) of Regulation No 261/2004.

Their response:

Dear Mr xxxx

Flybe, as with all airlines are governed both by the Civil Aviation Authority and the EC Legislation 261/2004. Article 5 (3) that you refer to states that “ an air carrier shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances”.

A fault occurring in flight and forcing an unplanned diversion is such an extraordinary circumstance as this can in no way be foreseen. I again advise you to contact the Regulatory Policy Group, Civil Aviation Authority, Room 401, CAA House, 45-49 Kingsway, London WC2B 6TE. If they see fit, they will contact Flybe to gain any further information and maintenance paperwork, not permitted in the public sector, to determine whether compensation should be paid. Further information can be obtained from their Website should you wish.

SStewart_2

Hi wonder if anyone can help. Wrote to jet 2 re delay from Glasgow to Tenerife on 5/711. Flight stats showing that scheduled take off was 8.30am, on runway at 11.28 but not showing arrival time. I do recall being rushed on to the plane just before the 3hrs were up but am almost certain we sat on the runway for an hour before take off. Delay. Was due to pilot being late and having to fly another pilot from England. Jet 2 denied claim saying no claim as flight was 2hrs 45min late. Any idea how to get actual arrival time asits not showing on flight stats website. Thanks

Brandnew_2

Brandnew wrote: »

My email to Flybe:

Also, please can you quote from the legal document that enforces what you say?

In support of my argument, I would draw your attention to Article 5(3) of Regulation No 261/2004.

Their response:

Dear Mr xxxx

Flybe, as with all airlines are governed both by the Civil Aviation Authority and the EC Legislation 261/2004. Article 5 (3) that you refer to states that “ an air carrier shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances”.

A fault occurring in flight and forcing an unplanned diversion is such an extraordinary circumstance as this can in no way be foreseen. I again advise you to contact the Regulatory Policy Group, Civil Aviation Authority, Room 401, CAA House, 45-49 Kingsway, London WC2B 6TE. If they see fit, they will contact Flybe to gain any further information and maintenance paperwork, not permitted in the public sector, to determine whether compensation should be paid. Further information can be obtained from their Website should you wish.

BUMP!

Anyone know if this is bs or not?

thalia22

My long protracted case since 12/2010, is going to Court, and all the processes have been carried out, and I am awaiting a Court hearing Date, I thought on advice from my MEP, who has also been involved, that I should right one final letter to the CAA, so as I can present it in Court to the District judge.

From my prevoius posts the AESA (Spansih regulator) has upheld my claim, Iberia have changed its excuses three times, now extraordinary, but that will be legally challenged in Court. My case file is very comprehensive, and I have a whole raft of correspondence with all involved in 9 sections. The section for the CAA is section 4.

I thought it prudent to lay out my log of correspondence with the CAA, as to give some idea to posters of what the situation is, and the implications for such long delays. Bearing in mind the CAA has my case file, which has been ongoing for two years, I would have issued proceedings in October 2011, when I got AESA investigation report, but was blocked here in the UK from issuing Court proceedings, until joined cases C-581/10 & C-629/10, had been retified by the ECJ Grand chamber on 23/10/2012. You will see from the final log dated 10/1/2013, the CAA want's 18 weeks to reply, which is an utter disgrace in my case, as I requested urgently their final view, to present before the District judge.
So much for regulation and consumer support from the CAA.

Log below:-

I issued my final letter to the CAA marked urgent, ref:case no:147-1391 on the 19/12/2012. As I am awaiting a Court Hearing date, I wanted to get a final comment from the CAA for the district judge. I have now just received an email response dated 10/1/2013, qouting ref:STAUC54/147-1391, stating my complaint is being reviewed, and we would be in touch in 18 weeks. This is ridiculous, as they have had all the case files since 7/1/2011. I shall be phoning them today in an attempt to get a response before a Court appearance. Also I am still awaiting a possible letter from my MEP Andrew Duff, that I could present to the District Judge depicting how unreasonable Iberia have been.

I shall list below for information the list of correspondence with the CAA.


7/1/2011 Initial letter detailing facts to CAA (file ref:2D)
25/2/2011 Acknowledgement email from CAA
8/3/2011 My letter to CAA (file ref:4B)
11/3/2011 CAA email stating 16 weeks for investigation (file ref:4C)
20/6/2011 CAA email Confirming forwrding onto AESA ref:ST40/ 147-1391 (file ref:4D)
8/9/2011 CAA email confirimg chase up to AESA ref 147-1391 ST38 (file ref:4E)
20/9/2011 My letter to CAA stating forwarded the complete file (file ref:4F)
27/10/2011 My letter to CAA enclosing copy of AESA investigation (file ref:4G)
8/1/2012 My letter to CAA stating Iberia failing to abide with AESA investigation (file ref:4H)
12/1/2012 My letter to CAA laying out the facts again. (file ref:4I)
20/1/2012 Letter from CAA stating they had forwrded my complaint to the Spanish authorities (file ref:4J)
21/1/2012 My letter to CAA reiterating they lack of response from Iberia. (file ref:4K)
22/5/2012 My letter to CAA qouting ECJ judgement which upholds my claim. (file ref:4M)
1/7/2012 My email to CAA requesting ECJ reatification expected date. (file ref:4N)
19/12/2012 My urgent email letter requesting a final response from the CAA for my Court apperance.(file ref:4O)
10/1/2013 Email acknowledgement from CAA ref STAUC54/147-1391 stating 18 weeks for a response ? (not yet filed)


I hope this gives some insight to the length of time periods involved. See #2016, page 101, #2187 page 110, #3285 page 165, #3345 page 168, #3917 page 196, #4512 page 208, and this one.

StoddaM

Hi

I was delayed 6 hours and 30 minutes in May 2011 travelling to Florida from Manchester.

I have put a claim in Monday got a reply yesterday with a claim form that I can claim compensation yet I can't claim the cost of travel as I did travel with the airline is this correct?

Thanks MSE for bringing this to my attention