Compensation for delayed flights Discussion Area

blondmark

Mark2spark wrote: »

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.

Yes of course I actually received the money from Ryanair. As my posting says: "Ryanair paid up in full no problem". They failed to file any evidence to support their defence, and there were no grounds to appeal.

JPears

blondm - congrats.

delphi

JPears wrote: »

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.

Wish I could help - but the comments were made only in telephone conversations. Sorry.

dras

Hi guys,


I'm writing to wizzair a Letter before Action after they rejected my claim saying that they disagree with the third ruling of the judgement. Do you think this should be valid enough to send them?



Re: Compensation claim for delayed flight
Flight number: xxxxx
Flight Date: xxxxx
Booking Ref: xxxxx
Passenger names: xxxxxx
Amount claimed: 250 euros per passenger

Thank-you for your letter in response to my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving xxxxx and we arrived in xxxxx some 13 hours after the scheduled arrival time. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight for amount of 250 euros per passenger, so a total of 500 euros.

Since your disagreement with the judgement of the European Court of Justice in the joined cases C-402/07 and C-432/07 is unlikely to be held as a valid defence to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you

Yours sincerely,

dras

Centipede100 wrote: »

Go for it, dras

Done. Now we play the waiting game. Let's see what happens next.

MrHeart

Centipede100 wrote: »

MrHeart

I trust your solicitors will hold fire until the legal challenge to the Sturgeon judgement has been ruled upon this autumn?

Although you may have a claim for delay via the Montreal Convention, I believe you have a better chance of success with EC 261/2004 and not via a breach of contract claim.

Out of interest, what is the breach of contract you are claiming?

Hi Centipede,
This was a claim based on EC 261/2004 (they termed it a breach of contract for some reason).
Finally I can report back on this having received news today.
Having initially received a response from Singapore airlines which led to my solicitors stating "that compensation may be forthcoming based on this correspondence" (Nov), a letter before action was issued, and despite chasing letters from the solicitors all correspondence is now being ignored by Singapore Airlines.
I have received a letter today stating that I will now have to issue Court proceedings myself as the solicitors have been informed that my Legal Expenses Insurers "will not continue to fund the matter on the basis that the claim is not proportionate to issue Court proceedings".
From my experience I would therefore suggest that the use of HLI is probably a waste of time.

I am pleased to see that BA and EasyJet at least are taking this ruling seriously, it appears that Singapore Airlines are not.
Has anyone had any success with Singapore?
Thank you in advance and I hope that this advice is useful.

blondmark

Mark2spark wrote: »

Airline bust= no claim

Can I suggest a possible exception to this rule, which is that if the combined cost of all ticket purchases together cost £100+ and if you put part or all of that cost on a credit card, then you may claim against the card issuer instead.

Which? suggests using the following templated letter:

[TEMPLATE LETTER TO CREDIT CARD COMPANY UNDER SECTION 75 CONSUMER CREDIT ACT WHERE AIRLINE HAS REFUSED TO PAY]
(Your address)
(Credit card company address)

Dear

Claim under section 75 Consumer Credit Act – failure of airline to comply with EU Denied Boarding Regulation 261/2004

I am writing to you in connection with flight [insert details] which I [together with my wife/husband/partner/mother/father/[..] children] was booked on to [insert destination] on [date]. These tickets were all purchased using my [insert supplier name] credit card and the total cost of each ticket was £[insert details]. You should identify each of the family members on whose behalf you are writing.
The flight was supposed to depart from [departure airport] at [time], but was cancelled as a result of the disruption caused by the ash released from the volcano in Iceland. Under EU Denied Boarding Regulation 261/2004, [I/we] opted to take the re-routing option and [my/our] rearranged flight departed from [departure airport] at [time].
Under the contract I had with the airline [I am][we are] entitled to the following by virtue of the Denied Board Regulation 261/2004
> free meals and refreshments appropriate to the delay;
> free hotel accommodation for each night between the original and rearranged departure time; and
> free transfers between the airport and the hotel I used during the additional stay.

However, as a result of my flight being cancelled, [I/we] incurred the following additional costs, as evidenced by the attached receipts:
> for meals and refreshments: £[insert total amount], comprised of:
- [insert details e.g. breakfast for 2 adults and 2 children at overnight hotel on [date] at a total cost of £[…];
> for hotel accomodation: £[insert total amount], comprised of:
- [insert details]
> for hotel transfers: £[insert total amount]; comprised of:
- [insert details]

I’ve tried to resolve this dispute with [my/our] airline, but they have not refunded my expenses as they are required to do under the Denied Board Regulation and under [my/our] contract with them. Under section 75 of the Consumer Credit Act 1974, you are jointly and severally liable for their breach of contract.
As I paid for [my/our] flights using my credit card, I hold you liable for this breach of contract and so I am writing to request that the above amounts be refunded. I look forward to your prompt response. For convenience, I attach a copy of [my/our] tickets.
Yours sincerely

stephenjames16

Hello,

I booked a flight from Manchester to San Francisco with Delta and it included a stop in Atlanta. I arrived in Atlanta about 2 hours late, but this meant I missed my connecting flight to San Francisco. When I eventually arrived in San Francisco I was over 6 hours later than my original scheduled arrival time. As neither flight was seperately delayed by more than 3 hours, KLM (on behalf of Delta) do not want to pay out for my claim.

As I booked this flight as 1 journey, I would have thought that I had a valid claim. Who is right in this instance?

coco21

In September 2012 I had a Wizz Air flight from Cluj-Napoca to Luton delayed by 5 hours due to an "unexpected technical problem". I used one of the templates on this site to contact Wizz and ask them to pay compensation (€400 per delayed passenger, flight length was 1800 km). This is the response I got from them:

"In accordance with our General Conditions of Carriage and the operative EU regulations, in case of such delays, Wizz Air shall reimburse passenger's extra costs such as meals, refreshments and two brief telephone costs in reasonable relation to the waiting time upon reception of supplementing invoices.

As for the additional expenses listed above, we kindly ask you to forward invoices as an attachment to your reply so that we can determine a possible compensation.

In addition, let me draw your attention that according to the operative EC Regulation 261/2004, the amount of 250/400/600 EUR compensation should be paid to passengers whose flight was cancelled (except if the event had been caused by extraordinary circumstances). Since it is not suggested in any way that passengers whose flights are delayed for more than 5 hours should be handled as passengers whose flights are cancelled, we are not able to offer the mentioned compensation.

Thank you for your time and understanding. I look forward to hearing from you."

So they are essentially saying that they can reimburse some expenses I had during the hours that the flight was delayed (which is not necessary because they provided food and water during that time), but are not willing to pay more than that.

Can you please suggest a suitable way in which I can respond to their claim?

Many thanks.

blondmark

Centipede100 wrote: »

Whilst I have seen the Which letter, what I have yet to see or hear is a claimant actually being successful in pursuing a credit card provider in the way you suggest. Until I get irrefutable proof of that then I would suggest that this route is not a viable method to recover compensation for delays/cancellations.

The advice on the FAQs still stands pending this proof.

Yes I can quite understand your caution. I noticed the advice in the Solicitors Journal and several solicitors have it on their websites. Glancing through s.75 there doesn't seem to be anything to prevent a claim being made, although no doubt the card issuer would put up quite a fight to shake off claimants.