Compensation for delayed flights Discussion Area

Mark2spark

What does your travel insurance say Chris?

chrisdoc365

I didn't think to check my travel insurance. What could that say?

edit
I read my policy booklet but can't work out if I can claim but it does say I have to claim off Virgin first.

sgr44

Hi All

After reading up on the great article on MSE about the delayed flights compensation before Xmas, I decided to contact Delta airlines about a 5 hour delay that I experienced in July 2010 on a flight from Dublin - JFK.

I received a reply today from KLM customer care in regards to my claim saying that it was not valid and stated "Air travel is governed by the international body of law known as the Montreal Convention of 1999. Article 35 of this regulation sets a time limit of two years from the date of the planned or actual arrival of a flight to claim for damages."

Having read Article 35 of the Montreal Convention, it indeed states that damages would be extinguished if a claim was not made within 2 years, however this is at odds with the paragraph on the MSE article where is says that "What's more, you can backdate any claim to 17 February 2005."

When I looked up the EU press release from 23 Oct 2012 it also mentions the Montreal Convention: "The Court also finds that the requirement to compensate passengers whose flights are delayed is compatible with the Montreal Convention" however I'm confused as to what this actually means!!

Basically I'd like to know which ruling is correct and whether Delta/KLM are within their rights under the Montreal Convention, but this is the opposite of what MSE has previously said?

Mark2spark

chrisdoc365 wrote: »

I didn't think to check my travel insurance. What could that say?

edit
I read my policy booklet but can't work out if I can claim but it does say I have to claim off Virgin first.

Whilst indeed you would claim off Virgin for a refund on the services that were paid for that were not supplied, you may well find that a standard travel insurance policy (and sometimes your house policy as well) will stump up a fixed amount for a delay exceeding 24 hours.
But it depends on how good a policy it is obviously. Contact them directly, as you have nothing to lose except the cost of the phone call.

Mark2spark

sgr44 wrote: »

I received a reply today from KLM customer care in regards to my claim saying that it was not valid...

...however this is at odds with the paragraph on the MSE article where is says that "What's more, you can backdate any claim to 17 February 2005."

Complete garbage from the airline.
Page 1 of this thread has the FAQ's which clarifies the 6 year term for claiming.

The MSE article is wrong where it states 2005. It was correct (probably) when it was written but as each day passes by, the date changes as the 6 year time limit decreases with the march of the calendar.

sgr44

Centipede100 wrote: »

sgr44 may be an Irish ciizen in which case Irish law statute of limitation will apply.

The MSE article was wrong as soon as it was written!!:mad:

Many thanks for clearing this up and the quick reply. I am actually from Northern Ireland and hold a British passport - would this muddy the waters any or would the fact that I am a citizen of the EU still cover this?

I thought that the email from KLM was trying to pull a fly one in the hope that it would deter me from going any further. If the British passport issue does not affect things I will respond to their email using your excerpt stating that the claim length is determined by the regulations of the Commission for Aviation Regulation in Ireland and not 2 years as they previously stated.

AlyT

Thanks for the great advice. I emailed the template on the site to American Airlines regarding a flight from Manchester to New York on 11th Dec 2011 that was delayed just over 3 hours.
AA ignored the first email but responded to the next one apologising for the delay. Rather than offer us €600 as advertised, they have offered us a travel voucher worth $1600!. Has anyone else been offered vouchers instead? We weren't planning on another US trip for a while due to costs so whilst it seems like a good offer, we would still end up spending on accommodation/spends etc.

Thoughts?

:eek:

williamro

After very helpful advice from Centipede, for which many thanks, and other information on sister forum https://forums.moneysavingexpert.com/discussion/comment/57616731#Comment_57616731 ,#245, I wrote on 7 November 2012 to Croatia Airlines’ London office re flight OU 495 on 2 August 2007 from London Gatwick to Split with the scheduled departure time of 1030. Due to technical problems this flight arrived at Split 6 hours late at 1925 rather than the scheduled 1345.

I have negotiated and received compensation in the sum of £204. As I considered I had not suffered massive inconvenience and did not wish to squeeze the last penny from the airline who had otherwise treated me well I offered not to insist on 8% interest per annum running for almost 6 years which would have been very considerable. This may have helped to achieve a swift resolution of my claim. I am posting only on this forum as I believe it has more readers.

AlyT

Hi- just found your post (my search criteria was obviously too specific pre posting!). I'm just behind you as we've only just been offered the voucher. At first I thought it was quite generous, but finding reasonable flights at that price is proving quite difficult and I suspect I'll end up asking for the cash instead. I intend to use the online email facility again on the AA site (under Customer Relations- select email then in the drop down and there's a section for 'EU regulation...) Will let you know if I go down that route,

Alyson

63ruth wrote: »

We had a 24 hour delay with AA in November. We completed there online claim form there is no other way to contact them either by direct email of telephone.
After 8 weeks we have today received an email confirming we are correct to claim and advising us they are sending us each a $1000 transportation voucher to use on their flights within the next year. After speaking to the CAA helpline we have today sent back another form advising that we want the cash compensation we are entitled to. It's very fustrating that you are unable to email them directly or to speak to anyone and now expect to be back in the 8 week queue. Has anyone been successful in claiming from AA or have a contact number or email.
Thank you

CarH_2

After reading about compensation for cancelled flights I contacted British Airways with regard to a cancelled flight in December 2011 from Heathrow to Dubai. I had specifically booked on the overnight flight because I did not want to either have to leave my home in the early morning or stay overnight in London which would have been the case on the earlier flight.

There was a fuel pump malfunction and we sat on the tarmac for over four hours before it was announced the fault could not be repaired - we were even served dinner whilst sat waiting on the tarmac! At midnight it was announced that there was no other plane available, no replacement crew could be found and we would have to be accommodated overnight. Because I am registered disabled I had excellent service from the special assistance personnel and myself and another disabled lady were put up overnight in the Sofitel Hotel and were found seats on the lunchtime flight. I think the original captain took pity on us and we got a bit of priority treatment because at check in we found we had been upgraded to Business Class!

It was a very worrying time for me having been widowed just six weeks before and it was the first time I had travelled alone in 44 years. The lady at British Airways was very understanding and I was asked to put all details in a letter which I did and I am thrilled to say that last weekend I received a compensation cheque for £504. So thank you Martin for bringing this to my attention and to anyone else I would say, go for it, you have nothing to lose but maybe a lot to gain.