Compensation for delayed flights Discussion Area

coco21

Centipede100 wrote: »

Have a look at dras posts above for assistance v Wizz.

Thanks Centipede100.

In my case Wizz didn't explicitly say they disagree with the ruling, but are saying that only passengers whose flights were cancelled have a right to claim. Am I right in understanding that Articles 5, 6 and 7 of Regulation No 261/2004 indicate that for compensation purposes delayed passengers should be treated the same as passengers from cancelled flights?

If that's the case, is this a reasonable response to Wizz (using bits from some of your previous posts)?

Thank you for your letter in response to my claim for delayed flight compensation. As mentioned in my previous correspondence, our flight from XXX to XXX has arrived at destination some 5 hours after the scheduled time. Therefore, I am seeking compensation under EC Regulation 261/2004 for this delayed flight for the amount of €400 per delayed passenger.

In this respect, I would like to draw your attention to Articles 5, 6 and 7 of Regulation No 261/2004 which must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

In the absence of a satisfactory response within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely,

blondmark

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.

Well there is authority for the proposition that the knock-on effect of a strike which results in later cancellations renders those later cancellations outside the scope of 'extraordinary circumstances', so this general principle could be extrapolated to fit analogous technical issues causing cancellations and delays.

Google this: Judgment in Case C-22/11 - Finnair Oyj v Timy Lassooy

gmar96

Hi seems that CAA have finally got round to my case. I have my doubts about the outcome but will let you all know. see below email recieved today.

I presume that I will have to go to small claims as was mentioned on here that CAA's member's are the airlines. Hardly a confidence boost

Thanks all

RE: Qatar Airways


Thank you for your complaint about the delay of your flight. We have reviewed the copies of the correspondence between you and Qatar Airways that you provided to us. Qatar Airways has told you that the delay was due to an extraordinary circumstance and therefore compensation is not due.

The legislation, EC Regulation 261/2004, does set out a number of circumstances when airlines are not required to pay compensation. Generally when the airline can prove that the reason for the delay was unforeseen and outside their control, they do not have to pay compensation.

We will investigate your complaint and to do that we will need to request some further information from the airline. Once we receive that information, and based on that and any other information available to us, we will take a view, (alongside technical expertise from other colleagues within the CAA), on whether we consider the airline’s claim of extraordinary circumstances to be reasonable. If an airline gives us information which is confidential, we will not be able to share that with you. As I am sure you will understand, an investigation of this nature will take months rather than weeks, so we would ask for your patience while we give full attention to your claim.

Our view on whether the delay was due to extraordinary circumstances will not be legally binding, but will be evidence based, and as such we are hopeful that it would be accepted by the airlines. The CAA does not have the power to impose decisions upon airlines in the way that an ombudsman-type scheme does. Alternatively, it may be that after our investigation we find that the airline’s claim for extraordinary circumstances is reasonable, and we would not be able to help you further with that element of your claim. If you did wish to take your complaint further, then at that stage you may wish to consider action in Court.

We will be in contact with you again when we have concluded our investigation.


Yours sincerely


Consumer Affairs Officer

Regulatory Policy Group

Civil Aviation Authority

glentoran99

When did you contact them?

gmar96

hI
:TInitially in 2010 I contacted MSE forums and was advised to go direct to airline. Then airline provided miscellaneous charges orders for 2 passengers = $500 US and at that point I contacted CAA who advised me that accept them because would still be entitled to claim.

However to answer your question I began proceedings in earnest shortly after the October 2012 ECJ decision.

It has literally taken CAA about 14 weeks to get to this stage.

Rgds,

G

enigma368

My parents flight has been delayed today by nearly 5 hours due to bald patches being discovered on one of the tyres. The airline has had to send a repair crew from a fair distance to fix it.

Can anyone advise me whether this would be counted as outside the airline's control or not? i.e. are my parents going to be eligible for compensation? Airline is EU airline flying between 2 EU airports.

JPears

enigma, almost certainly. I'd be concerned as much by the safety issues, bordering on negligence, of bald tyres!
That is certainly within airlines control. You would get a fine /points if stopped by police and had worn tyres!!

achrnysh

Can i claim compensation with AeroSvit Airlines?

I'm just not sure about the claim, as in the flight delay compensation post stated that as long as the flight departed from an EU airport, regardless of the airline, an individual can make a claim.

Our flight was delayed by just over 4 hours. I'm also positive that it was the airlines fault.

williamro

achrnysh wrote: »

Can i claim compensation with AeroSvit Airlines?

I'm just not sure about the claim, as in the flight delay compensation post stated that as long as the flight departed from an EU airport, regardless of the airline, an individual can make a claim.

Our flight was delayed by just over 4 hours. I'm also positive that it was the airlines fault.

Better be quick as Aerosvit are in big financial trouble and could go bust at any time. Google for more info.

achrnysh

I have sent them and Opodo.co.uk (who'm I originally booked the flights with) the modified letter than i got from MSE. I really hope it goes well.
Literally had no idea that I was entitled to compensation until I stumbled onto this blog earlier on today.
Has anyone else been successful in claiming from AeroSvit?