Compensation for delayed flights Discussion Area

richardw

Itzig1, the regulation refers to "operating air carrier" not "tour operator", so you can't claim against Olympic Holidays.

delphi

In case it's of interest, I contacted both the CAA and the DGCA (French equivalent) to try to get further detail as to any circumstances where technical faults can be considered as extraordinary circumstances. Both indicated that, in their view, certain technical problems could be considered as ECs but they did not give any examples. I also asked if a technical fault was in fact considered as an EC, would it still be considered an EC as applied to a later flight of the same plane. Both expressed the view that EC would only apply to the flight on which the fault occurred - the knock-on impact on later flights would not be considered as EC.

However, I seem to remember that, for example, in the case of an airport strike (considered as an EC), knock-on impacts would be considered as ECs if occurring on the same day but could not be carried through to the following day (assuming there was no longer a strike). So I'm guessing that a District Judge (prompted by the airline) might apply similar logic to EC as applied to a technical fault. Need some more court cases to clarify these grey areas

By the way, in case anyone needs to phone the DGCA, the number (which the CAA don't have on their database) is:
0033 1 58 09 48 89

blondmark

Sure Centipede100 - I'm an avid reader of your posts - keep up the good work!

JPears

delphi can you post up the reply from CCA or DGCA stating that knock on technicals aren't ECs? My case is a knock on delay so this would be useful when my court case comes up.
Thanks in advance.

dominoman

Just to let you know that I have just succesfully claimed 2 x €250 from FlyBe. Yippee!

Our flight was delayed for 3 hours for "Technical reasons". Their first reply was the usual sorry about the delay but it was for safety issues and therefore not eligible.

My reply is posted below:

Re: Cancelled Flight Compensation
Flight number: BExxx
Flight Date: 27th August 2012
Booking Ref: xxxxxxx
Passenger names: xxx and xxx
Amount claimed: 250 euros per passenger

Dear Sir,

Thank-you for your letter in response to my claim for cancelled flight compensation. Our flight (detailed above) was cancelled leaving Guernsey airport and we finally departed on an another flight more than 3.5 hours after the scheduled departure time. Under the EU Denied Boarding Regulation 261/2004, we are entitled to the sum of €250 compensation per passenger, so a total of €500.

I understand that there were technical problems with the aircraft the previous day, the knock-on effect on which was a delay to our flight. However, technical problems have been deemed by the ECJ to not be classed as “extraordinary circumstances”.

The text of the judgement is given here: http: // curia.europa.eu /juris/document/document.jsf?text=&docid=73703&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=5246662

I look forward to hearing from you and receiving the €500 compensation due.


Yours etc

I received a letter two days later offering me 350 Euros per passenger in coupons, or 250 euros per passenger in cash. I took the cash. :beer:

Posting that here just to let you know it is worth persevering. Hope it helps someone.

Sparkym_2

Hi

Hoping someone on this board may be able to offer there expertise before I scroll through over 200 pages of previous posts.

I was on a delayed flight in 2010. I wrote to the airline and received a reply stating the case was in EU courts and therefore there would be no payout. I have lost both my original letter, and there reply. Can I still claim? Should I claim as a new case, or make reference to my previous claim?

The flightstats website says the status of the flight is unknown, but lists the departure as 9:15, but actual 2:57.

Please see my original post from 2010 below:

Hello all,

I'm not sure if I have cause to claim compensation, but looking at Martin's page on delays, it seems as though I may.

I was flying with Thomas Cook from Glasgow Airport to Puerta Plata, Dominican Republic, on Tuesday, June 29th with Thomas Cook. The flight was scheduled to takeoff at 9am, and our tickets instructed us to be at the airoprt 4 hours prior to this time.

Having arrived at the airport at 5.00 am, my girlfriend and I waited out the 4 hours, only to be told at 9.15 that there was a delay of 1 hour - due to a fault with the engine. A part was being flown from Manchester Airport.

We were given a £5 voucher for food and drink (which wasn't even accepted by all outlets) and told to wait for more information. 2 hours later and still no information saw some customers arguing to find out more. Eventually we were told the part was still on its way. an hour later the part arrived, and we were told 30 minutes. Another hour on we were told the part had been fitted, but tests had to be ran. 2 and a half hours later the flight took off.

I suppose my main gripe is the fact that staff must have known all along that the part was still being sourced, then would need to be flown up, then would need to be fotted, and then tests ran. It seems to me that they must have known all along that it would take much longer than one hour, and could have told us earlier than 9.15.

Once on the flight we were offered a complimentary drink.

Do I have a case for compensation? 5 and 1/2 hour delay, along with the time difference meant we arrived at out hotel at 10.00pm, as opposed to 5.00pm. I felt as though I missed a day of my holiday.

To make matters worse, having booked ther holiday in January, we recieved a letter in May informing us that the return flight time had changed, and that the return plane would be smaller, with less leg room and no seat back entertainment. Our rep told us this was because there were less people returning, meaning the larger plane would not be at capacity. I was really annoyed.

Apologies for the essay, however I just wanted to give a full picture. Any advice is really appreciated.

Thanks!

Mark2spark

ltzig1 wrote: »

It also says package holiday flights are covered!?

They are indeed

I therefore suggest you write to the airline that provided the said flight, as they are the ones responsible for the delay.
Unless you think that the travel agent is equally responsible for the delay to flights on holidays they sell?

However, if the airline has gone bust, there really isn't anyone to claim against?

Mark2spark

Sparkym wrote: »

Hi

Hoping someone on this board may be able to offer there expertise before I scroll through over 200 pages of previous posts.

I was on a delayed flight in 2010. I wrote to the airline and received a reply stating the case was in EU courts and therefore there would be no payout. I have lost both my original letter, and there reply. Can I still claim? Should I claim as a new case, or make reference to my previous claim?

Just start the ball rolling *as if* you are a fresh claimant.
You include the line, "Following my earlier contact with you regarding compensation for the delay of this flight, where the claim could not be advanced due to the Stay placed on such claims by the Courts of England & Wales, and following the clarification of the EU 261 ruling by the ECJ judgement in the appeals of 23 October 2012, I wish to re-register my interest in receiving compensation, as per my earlier contact." etc etc
They'll be no need to refer to it again, as making contact earlier only really applies if you are getting near the 6 year deadline for making a claim.

Mark2spark

blondmark wrote: »

Sure. Ryanair paid up in full no problem - very obliging people to do business with.

Can I just ask for confirmation that you have actually received the money from Ryanair?

I ask, as someone else reported getting a positive judgement against them, only for them to then appeal the DJ's decision, which has meant a further time period of paper trailing.

Thanks.

Mark2spark

Latest amendment for Court defence wording included at the bottom.

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 New!
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL:

MCOL/ County Court wording to use in challenge to extraordinary circumstances defence