Compensation for delayed flights Discussion Area

blondmark

kittysboy wrote: »

Hi, When we were stranded for 2 days due to the strike in 2010. We tried to claim from Ryanair but they denied responsibility . With the latest ruling from the EU, we would like to claim expenses. unfortunately we had a clear out recently and threw all the receipts away. We got a relative to put £500 in our bank account and we drew out cash to pay for our hotel ,taxis to and from the airport and food.
Do we have a chance of getting anything back ?
Regards Johnboy

You do have a chance, yes. The onus of proof in civil claims is on the balance of probabilities. Put as a percentage, if you can convince a judge just 51% that you suffered a loss, then you will win your claim (assuming it's valid). If you can convince a judge just 51% that your loss was as high as £500 then that's what you'll be awarded.

Bank records of the funds transfer is a start as is any evidence that you didn't sleep rough free! Anyone with you can be a witness. Get an email from the hotel confirming when you were there. Start putting evidence together and you'll hit that 51% soon enough.

samwardill

Centipede100 wrote: »

I have seen County Court judgments where strikes by the airline's own staff have been deemed to be extraordinary circumstances. It will depend on the judge on the day, this is neither a clear cut defence nor claim.

Personally I think a claimant is taking a gamble if their delay is due to a strike, no matter who by. The exception is when the strike occurred and was finished a few days before your delay or cancellation in which case there would be an arguable claim.

What we really need is for someone to take a strike claim to a precedent setting court. I'm pretty sure (based on experience of other areas of this regulation) that they would rule that a lot of strikes were not extraordinary and not beyond the control of the airline. I think strikes generally are within the control of the airline. The airline makes a commercial decision not to give in to unions so the workers go on strike.

63ruth

harishvk wrote: »

Hi

Thanks MSE for this info !
As always it works !

I had over 5 hours delay with US airways in 2009.

This is what I got after 3 emails , in 6 weeks.
Sounds good 3 X 800 dollars = 2400 dollars which is now 1500 £
But I will have to travel with them for this.

Should I ask for money?
Original booking was for £893. I will be happy with just that . Should I write back to them and ask for that ? any suggestions ?

Good luck everyone

Harish

Their last email attached…after taking out the important bits !



Dear xxxxx:

Thank you for your recent correspondences to Customer Relations at US Airways. We appreciate another opportunity to address your concerns.

We would again express our regrets for any difficulties or frustration you encountered while traveling with us on May 23, 2009 from London, Heathrow on US flight US729. We understand any irregularity has an impact on our passengers travel plans and, while safety is always our primary consideration, we work hard to minimize such situations. We are sorry this was not your experience.

US Airways is aware of all court rulings pertaining to the European Regulations. After assessing the circumstances, our records indicate this was an unexpected situation. The aircraft had undergone all required maintenance and we took all measures appropriate to the situation that were technically and economically viable at the time; therefore no compensation under the EU Regulation No. 261/2004 is due.

To reiterate my apology and as an invitation to try US again, I have issued three $800.00 Electronic Travel With Us Vouchers (E-TUV). As an additional courtesy, these vouchers have been issued in a transferable form so any person of your choosing may apply them to travel.

Your E-TUV is valid toward the purchase of travel on US Airways. Please be advised the E-TUV is not valid with Internet bookings and must be redeemed within one year from the date of this correspondence. In addition, please take a moment to read the terms and conditions listed below to receive the full benefit of this compensation. When you are ready to make your future travel arrangements, please call our Reservations Department at 800-428-4322 or in the United Kingdom at 0845-600-3300 and provide the E-TUV codes listed below. The customary ticketing fee will not be assessed at the time of booking with our Reservations Department.

xxxxxxxx, feedback such as yours affords us the opportunity to learn where and how we can improve our service not only to meet our customers’ expectations, but to exceed those expectations. Given the privilege of serving you again on US Airways, we look forward to providing you with a more satisfying travel experience.

Sincerely,

We were offered 1000$ each compensation from American Airlines 2 weeks ago which we rejected as we did not want to commit to flying with them again. This morning we received an email asking for our Bank details so they could forward our compensation of 600 euros each as required under the regulations. Each member of our party has had to provide a separate email and bank details quoting my cpmplaint ref and our original booking locator code. I suppose this is to stop one person keeping everyone elses compensation. I will post again when we finally get the money on our Bank account.

63ruth

63ruth wrote: »

Hi Alyson I will let you know how we get on but I don't expect to hear anything for about 8 weeks Lol searched everywhere for a number or direct email but nothing except the on line form.
Ruth

Hello
Got an email this morning from American Airlines asking for our Bank details to pay our cash compensation into. Fingers crossed it won't take long

richardw

Centipede100 wrote: »

I have seen County Court judgments where strikes by the airline's own staff have been deemed to be extraordinary circumstances. It will depend on the judge on the day, this is neither a clear cut defence nor claim.

Personally I think a claimant is taking a gamble if their delay is due to a strike, no matter who by. The exception is when the strike occurred and was finished a few days before your delay or cancellation in which case there would be an arguable claim.

Yes it is risky, perhaps the DJs aren't as objective as we'd like them to be.

JPears

Jet2
Well the sly dogs have put in a defense at the very last moment.
Firstly they are trying to brush aside the joint claim for my daughter who was under 16 at the time of the original claim. Because I didn't include her in the claimant's details, however all of her details were included inh the particulars of claim.
Not sure how the judge will view this.
They have gone into a GREAT amount of details about the actual fault on the plane affecting the FLIGHT BEFORE, not our flight. "Knock on" delay is not EC as far as I am aware?
Apparently it was due to a faulty circuit breaker, so they hadn't serviced the aircraft ot tested it correctly since it was operating with a faulty circuit breaker - the circuit breaker performed its saftey function but was faulty becausee it did not correctly show it had tripped, if that makes sense.
Also some rubbish about them not being able to find another plane with the correct rating to replace it. Chambery airport is partly enclosed by mountains. As far as I am aware, at the time, all of Jet2 737-300 were very similar specs.
They have also had a dig that I commenced proceedings without allowing jet2 to respond. Untrue. I originally made a claim almost 2 years ago to the day. They responded denying liabilty. I replied that the matter was not closed and would be reopened pending any decision in the courts.
I reopened the claim on 8th November 2012. Whilst Jet2 did respond several times all they did was repeeratedly request information which had already been given to them on 8th November. I did not commence proceedings until a full 2 months after my first letter. Sorry Jet2, big fail there.
Anybody who is able to help in preparing particulars, i would be most grateful. I have Which? legal service but to be frank its next to useless as they will only communicate over the telephone!
I have done some reading around the court procedures and the courts do seem keen on the two parties still trying to resolve the issue befoir any hearing. Does anybody have any experience or advice on this? Should I communicate directly with jet2's solicitors to try to resolve the problem?
Should I be giving this much information away on a public forum? It will have to be in any submissions anyway?
In the meantime should I issue a second claim for my daughter?
Help much appreciated

111KAB

JPears - firstly do not worry! ~ it sounds to me as though you are going in the right direction. I am going through a similar scenario myself although with another airline. Centipede was of great assistance and I'm sure he will be along to assist. Once you have got the basic facts sorted please PM me if you wish for and help ~ my case is scheduled for 4th April but in the meantime I have a mediation call due in 10 days.

Vauban

111KAB wrote: »

JPears - firstly do not worry! ~ it sounds to me as though you are going in the right direction. I am going through a similar scenario myself although with another airline. Centipede was of great assistance and I'm sure he will be along to assist. Once you have got the basic facts sorted please PM me if you wish for and help ~ my case is scheduled for 4th April but in the meantime I have a mediation call due in 10 days.

111KAB - I'm filing my MCOL on Monday and wondered whether I should agree to "mediation". Didn't seem to be much point in it, as I'm taking Monarch to Court because they haven't responded to my letters after three and a half months. But should I tick the box regardless? What was your thinking?

richardw

What would a judge think if you didn't tick the mediation box?

blondmark

JPears wrote: »

Anybody who is able to help in preparing particulars, i would be most grateful.

In the meantime should I issue a second claim for my daughter?
Help much appreciated

Your Particulars of Claim sets out your story in an orderly numbered way, and can contain brief summaries of the paragraphs for easy reference. Each will be different, but if you check one of mine HERE you can see what sort of format they take.

You would be the First Claimant and your daughter the Second Claimant.

Best of luck with your claim.