Compensation for delayed flights Discussion Area

fudgeit85

LBD wrote: »

Our records show that upon arrival of a previous flight, the aircraft scheduled to operate your flight was found to have a fuel valve fault. Engineers attended the aircraft and were able to establish the fault, however unfortunately as the rectification work was carried out it became apparent that several replacement components would be required. These components were transferred to Luton via taxi from the airports at which they were stored and then fitted. It was also unfortunate that, due to the nature of the defect, this was a time consuming process and the aircraft was taken out of service for your flight. As a result and in order to minimise the length of your delay, passengers on your flight were transferred to the first available aircraft from within the Monarch fleet.



Having considered the factual background of this incident, I am satisfied that this was indeed an extraordinary circumstance that could not have reasonably been prevented by Monarch. I am unable to agree to your claim for compensation.

Technical issues can't be used as "extraordinary circumstances".

My flight with Cathay Pacific was delayed for exactly the same reason, fuel valve, and they paid me the compensation.

I would write back to them again, and state if compensation isn't given then you will raise a small claim in the courts

chrissiejw2002

Hi Just a quick question , my son was delayed by 7 hours on an Etihad (United Arab Emirates based) flight departing from Manchester. Under the new ruling would he be entitled to compensation ? If so what do I quote to the airline as they are reluctant to give a reason for the delay. thanks

Mark2spark

Look at the FAQ's sticky Chrissie.
Basically the airline has to 'prove' that there is a reason why compo isn't due.
If they refuse to do that, then walking away or court is the only options left.

Justwishin

Deleted_User wrote: »

About a year ago I flew via KLM from Amsterdam to Dubai.

The flight was cancelled, we were put up in a hotel ( and had a very enjoyable evening sampling the combustible delights of that fine city ) and eventually departed the following day arriving about 24 hours late.

I was also given a €50 KLM travel voucher.

A pal of mine used an EU Claims company to secure compensation from KLM ( €600 minus €120 fee ) but, as I hadn't kept my ticket stubs or booking information the company wouldn't take on the case for me.

I emailed KLM for details of the flights and was surprised to receive a reply back stating that my connecting flight into Amsterdam had arrived late and therefore I was put on the following day's flight.

Which was completely untrue.

Last week I followed the MSE guidelines and used www.flightstats.com to discover that my connecting flight had actually arrived early.

Furnished with this information I emailed KLM once again requesting compensation and this morning received a reply offering €600 cash or an €800 KLM travel voucher.

That's €850 of flights and a night on the lash in the Dam - thanks to KLM and MSE.

Result.

Well done you we are having no luck at all with klm even though it is a clear case of delay , both ways. I am interested in how you got them to pay out

chrissiejw2002

Mark2spark wrote: »

Look at the FAQ's sticky Chrissie.
Basically the airline has to 'prove' that there is a reason why compo isn't due.
If they refuse to do that, then walking away or court is the only options left.

thanks will download the template and try it out :rotfl:

LBD

fudgeit85 wrote: »

Technical issues can't be used as "extraordinary circumstances".

My flight with Cathay Pacific was delayed for exactly the same reason, fuel valve, and they paid me the compensation.

I would write back to them again, and state if compensation isn't given then you will raise a small claim in the courts

...

It has already been submitted, was done weeks ago :beer: it was also on a previous flight so nfc lol

thalia22

mark2spark wrote: »

re: Mediation.
It's not really applicable in a eu claim... There's no middle ground to meet on (excepting conceding on the interest i suppose).
You're either entitled to the full amount or nothing.
So imo, tick the box, if in the outside chance their counsel agrees to mediation, then simply ask if they agree that the claim is valid ie no ec's exist, or not. If not, mediation ends.

thanks for your comment mark2spark, as I have stated I rejected mediation albeit I have made one final offer to their counsel. As I have had several court cases in the past, whilst mediation may save costs if agreement can be reached, I believe that in my specific case, it is a no,no. I was furious at counsels defence submission, so I can see an almighty battle in court.

Regards thalia22

starbugged

I was wondering if anyone has had any luck with American Airlines? I think they are trying their luck with me, and am hoping that if they've done this to others as well, that they have won their battles!

Our delay/cancellation and rescheduled flight was 16 hours and 10 mins from Heathrow to JFK in 2011. It was due to mechanical issues.

I have just had an email in response to my claim, telling me that they are posting me transportation vouchers worth USD1,000 for myself and my boyfriend, that can only be used on AA operated flights and will expire in a year. I have emailed back stating that the EC regulations state that the compensation cannot be made in vouchers unless I sign an agreement, which I do not. I told them I want cash compensation for USD1,610, which is what I claimed for (EUR1,200). I told them that if they don't meet my claim, and may take them to court.

Have they tried this on with anyone else, and have you won if they did?

Thanks, and happy reclaiming!

starbugged

63ruth

starbugged wrote: »

I was wondering if anyone has had any luck with American Airlines? I think they are trying their luck with me, and am hoping that if they've done this to others as well, that they have won their battles!

Our delay/cancellation and rescheduled flight was 16 hours and 10 mins from Heathrow to JFK in 2011. It was due to mechanical issues.

I have just had an email in response to my claim, telling me that they are posting me transportation vouchers worth USD1,000 for myself and my boyfriend, that can only be used on AA operated flights and will expire in a year. I have emailed back stating that the EC regulations state that the compensation cannot be made in vouchers unless I sign an agreement, which I do not. I told them I want cash compensation for USD1,610, which is what I claimed for (EUR1,200). I told them that if they don't meet my claim, and may take them to court.

Have they tried this on with anyone else, and have you won if they did?

Thanks, and happy reclaiming!

starbugged

Hello starbugged
Hello yes we had a delay of 24 hours on 26th November and 3 weeks ago we were offered $1000 traval voucher each, we contacted the CAA and they confirmed that we were entitled to cash. We had to do the American Airlines complaints form again quoting the ref on the $1000 offer stating we had contacted the CAA and did not intend to fly transatlantic again for some time.
Friday morning I received an email agreeing and asking each of us to email back with bank account details individually but quoting the same reference number.
I will post again when we actually get the money as the vouchers that were meant to be in the post 3 weeks ago have never arrived.
Ruth

DJMSJM

10 days after the last letter I rec'd from Thomas Cook (see post 5258) I have rec'd another saying

We write further to our recent acknowledgement.

We are sorry for the delay in responding to this case, however, our review of your case is taking longer than anticipated. Please rest assured that the matter is in hand and upon receipt of any outstanding information, the Customer Relations Executive dealing with the case will contact you again as soon as possible.

Once again, we apologise for the delay with our full reply.

..............

Not sure how long it takes to look up the records of a 2010 flight to see that 'yes' it was delayed and for whatever reason.
Oh well, I suppose I should be grateful they are talking to me