Compensation for delayed flights Discussion Area

Bradders20

Thanks - where can I find the FAQs?

eddiemacthedog

update on my claim is, i was delayed overnight back in june 2007 from a mytravel flight from glasgow to cancun for 24hrs, still have all the travel agent stuff with flight numbers etc, spoke to Thomas cook abou this as they are now essentially my travel, been given the 28 day response, is this ok?

Also all i have is the travel agent stuff no boarding passes or the like, i have also since renewed my passport and must have destroyed my old one, is this essential?

cheers.

Mark2spark

Bradders20 wrote: »

Thanks for that - although, according to the advice page on here, it suggests I contact the aviation authority in Slovenia (where I was delayed flying back from) first.

Should I do anything else first, or go straight to the MCOL route?

I can't see the point of contacting the Slovenian CAA, as the airline have conceded, in writing, that it was a tech issue that caused the delay, and that they do not accept the ECJ ruling that tech issues are not EC's, so you are forced to court.
MCOL doesn't apply (my mistake) use the European small claims as detailed in the FAQ's.
(look for: How to combat Ryanair using the English Court System)

Mark2spark

FAQ's

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
Ryanair Irish appeal explained - New!
How to combat Ryanair using the English Court System New!
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
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL : Link to the Court Forms

blondmark

Centipede100 wrote: »

Unlikely that MCOL can be used against Wizzair as I don't believe they have a UK address at which to serve a legal claim. You would need to use the European Small Claims Procedure, successfully used against Ryanair by Blondmark. See the dedicated Ryanair thread for details of this plus the FAQs which has the links to this.

Absolutely ... however some member states’ proceedings require all documents to be translated, so if that's the case here, you can either brush up on your Hungarian or get your entire claim professionally translated and include the cost of translation in your claim.

chili2001

Was anyone else on this flight that landed almost 4 hours late? I've sent TC the template claim letter to the directors office and got an almost instant reply saying that my further comments have been noted and they will aim to provide a further response in due course as I had been in previous correspondence with them last year when we got back complaining about the flight delay home and asking for compensation which was turned down with this usual bog standard reply:

"I am extremely sorry to learn that your flight home was delayed and the comments you have raised in this respect have been noted.

Whilst delays are part and parcel of air travel, Thomas Cook are quite tightly targeted on on-time performance, and a lot of work is done behind the scenes to minimise the impact such delays have on our customers travel arrangements. Within the Aviation Industry legislation is available to protect customers in the event of delays, and this legislation dictates at what times food and drinks should be available. The length of the delay generally dictates this, and I can see from our records that we did act in accordance with our responsibilities.

There is, unfortunately, no provision within this legislation for making payments of compensation because a delay has happened. This is why most Insurance Companies include within their policies, a financial payment if delays extend beyond a specified period. I would recommend that you put forward a claim for your journey via your travel insurers, if such cover is available".

Interestingly they didn't cite "extraordinary circumstances" for the delay so hopefully this will only strengthen my claim with them. Although I won't hold my breath!

alinella

I'm desperately trying to find a flight number from a Monarch Flight in May 2009, but have had no luck at all on any of the Flight Stat sites, does anyone have any ideas as to where to go to next. Many thanks!

bobo1

I have read the website regarding stage 2 but i am unclear who i write to as it depends on the "departing airport" . I travelled from Manchester to Paris but the 5 hour delay occurred at Paris returning to Manchester. Do i write to CAA or ECC/other regulator?. I also felt that i should write to Jet2 first, to inform them of m actions: what do you think? Regards

catwoman73

Do i write to CAA or ECC/other regulator?.

I am also trying to claim from Jet2 for a delay that occurred from BCN to LBA. I have now written to the CAA and they haven't told me to go away yet. Its worth a shot unless you can read/write French to a good standard.

JPears

Question for the legal beagles:
Issued small claims on 4/1/13, deemed served on 9/1/13, jet2 responded 11/01/13. They have 28 days to file a defence from the 9/1/13. So presumably if nothing shows up on MCOL tomorrow, 6/2/13 I can file for judgement by default on 7/2/13?