Compensation for delayed flights Discussion Area

topyam

grey.skipper wrote: »

Hi,
I'm in process of filling a small claims court application against Ryanair. The court fee is 25 Euro. If it goes my way is the court fee recoverable along the main claimed amount?
Many thanks.

Don't think Ryanair has paid out at all!

grey.skipper

It looks like (unless I'm missing something) the total cost should be that court fee. I feel I have good reasons for the claim (I think/hope so:-)) ) so willing to risk (waste) 25 Euro.

richardw

Search this thread for 'cost' grey.skipper for clarification.

annimac

received e-mail 2 days ago confirming that compensation of 2,800 euros will be paid for our party of 7 from 3 years ago from easyjet.i wrote 1 letter and sent a couple of e-mails...how easy is this.thank you mse:j

thalia22

------kel------ wrote: »

I've just received this reply from KLM/delta airlines

Thank you again for your message received in our offices in relation to the incident occurred when you travelled with Delta Air Lines in January 2009.

We regret to advise you that we maintain our position with regards to the new EU261 rule, where passengers may be entitled to compensation due to late arrival at their destination of more than 3 hours can only be backdated to 23 October 2010. Therefore, I regret that we cannot process your claim as you travelled in January 2009.

I've replied with the following statement from mse

On 23 October 2012, the Court of Justice of the European Union passed a judgment which said consumers who arrived at their destination three or more hours late could claim compensation. What's more, you can backdate any claim to 17 February 2005.

Hi their,
In post 4974 answered by Centipede, he referred you to the Judgement of the Court in the third chamber dated 22/11/2012, specifically read and quote under regulation no:261/2004 item 14 copied verbatim:-

"Regulation no 261/2004 contains no provision fixing a time-limit for bringing actions to enforce the rights guranteed by that regulation."

The statutory time limit in the UK is 6 years from the occurence.

See also the Opimion of the Advocate General BOT publication delivered on 15/5/2012 case C-581/10 & C-629/10 where the airlines tried to impose a temporal affect, i.e trying to block earlier cases. Quoted from page 12 of 14, items 73 & 74 copied below:-

73 The Court did not, in that judgement, limit the temporal effects of the judgement.

74 Consequently, there is no need, in my view, to limit the temporal effects of the judgement to be given in the present cases.

See also the final outcome of the above two cases C-581/10 & C-629/10 issued by the president of the Court dated 30/11/2012 see articles copied verbatim below:-

39 As to the actual principle of compensation of air passengers whose flight has been delayed by at least three hours, since nothing new which might call into question the interpretation that the court gave of those provisions in Sturgeon and Others has been presented by the parties to the disputes in the main proceedings, I do not see why the court should reconsider that interpreataion.

49 Consequently, in the light of all these considerations, I take the view that articles 5,6 & 7, of that regulation are to be interpreted as meaning that passengers whose flights are delayed and rely on the right to compensation laid down in article 7 of the regulation where they suffer,on account of a delayed flight, a loss of time equal to or in excess of three hours, that is to say, they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

73 The Court did not, in that judgement, limit the temporal effects of the judgement.

74 Consequently, there is no need, in my view, to limit the tempoal effects of the judgement to be given in the present cases.

The Actual Judgement was issued on the 23rd October from he Grand Chamber case C-581/10 & C-629/10.(15 pages). see from the full document the folowing articles; 33,34,40,52,68,72,77,78,82,92,93,94.
Articles No 92,93.94 copied verbatim below:

92. The interpretaion requested by the high court of justice of England and Wales, Queens bench division (Administrative Court) in case C-629/10 concerns the right to compensation under regulation no 261/2004 payable to air passengers where they suffer, as a result of a delay to their flight, a loss of time equal to or in excess of three hours, that is, where they reach their final destination thre hours or more after the arrival time originally scheduled by the air carrier.In that regard, it is clear from paragraph 61 of Sturgeon and Others that air passengers enjoy such a right.

93 It must be stated that, in that judgement, the Court did not limit the temporal effects of the interpretaion of Regulation no 261/2004 concerning the right to compensation referred to in 92 above.

94 Accordingly, there is no need to limit the temporal effects of the present judgement.

See page 14 & 15 final judgement statement in articlaes 1 & 2.

If you qoute these articles the air carrier cannot legally dispute the judgement of the Grand Chamber of the ECJ. Clearly you have a full six years to make a claim form the date of the incident via the UK's MCOL.
hope these extracts help.

Boffle

Hi All

Thomas cook sent me a letter yesterday offering a voucher for my return flight TCX243 delayed by 25 hours for £960 which today they have changed to a cheque for me.

They did say that the engine blowing up on the outbound TCX242 delayed by 29 hours was extraordinary circumstances and that they did not need to offer compensation can anyone advise?

jammydodger41

Hi There

Finally got a claim form from TUI. Just wondering if anyone has been successful without boarding passes? We have one but not the other.

shapala

Hi all.

My wife and I travelled from Rome to Rio de Janeiro in November with Alitalia. Our flight was delayed by 8 hours, due to fly 23:30 but was delayed until the following morning. We were put up in a hotel, though we only got 2 hours sleep once we got to the hotel (but that's another story).

The flight landed 9 hours late in Rio and we missed a family event we were due to be present for. At the end of December, I put in a compensation claim of €600 per passenger (my wife and I). Just to confirm, the flight was delayed, not cancelled.

I received a call from Alitalia today saying my claim for compensation would be rejected because the reason the flight was delayed was because of a technical issue with the aircraft. Is there now anything we can do to take this any further or is it a dead end?

UPDATE: I have now received an email from Alitalia and have C&P'ed the important part:
Alitalia is always very careful and accurate in carrying out the programmed maintenance of its aircraft. anyhow unexpected technical problems may arise, and in this case a maximal attention is focused on the specific problem in order to engage all necessary steps to allow the regular operation of the plane.
Nevertheless sometimes the flight delay cannot be avoided. According to what has been settled by the applicable Regulation, if the flight delay has been caused by exceptional circumstances, as in this case, the Carrier is exempted from paying any monetary compensation.

Is it then possible to pursue this further? Thanks for any assistance.

Mark2spark

shapala wrote: »

I received a call from Alitalia today saying my claim for compensation would be rejected because the reason the flight was delayed was because of a technical issue with the aircraft. Is there now anything we can do to take this any further or is it a dead end?

Technical issues are not EC's. Look at the link in the FAQ's for using the Euro court claim method.

richardw

Shapala, Alitalia know full well about Wallentin Hermann v Alitalia, a case they lost and Sturgeon, talk about fobbing you off!!!