Compensation for delayed flights Discussion Area

minigrinny

Centipede100 wrote: »

Afraid not, 6 years is the legal limit.

Thank you so much x

lexilex

I posted yesterday but this is such a fast moving topic I think it may have been missed.

I flew to Puerto Plata, Dominican Republic with Thomas Cook in 2009. I think there was a delay (though nowhere near as long as some of the post I have read on here :eek:), but it's highly possible I could be getting mixed up with another holiday.

The flight was from Manchester (via Belfast!) on 4th July 2009. The flight number was TCX62K.

I have tried flight stats and its not bringing up anything.

Can anyone put me out of my misery?

noona

Centipede100 wrote: »

Seconded, and read the post in bold just 4 above yours..

Thanks, new to site and couldn`t find FAQ, but thanks for your advice.

LBD

To save Mark & Centipede re posting it....

Mark2spark wrote: »

For some posters above.
1) Time limit for claims is 6 years.
2) the Faq's below detail how to take a non EU airline to court.

FAQ's

All blue words are links to relevant posts.

WARNING
Claiming may not be a walk in the park. So research these FAQ's 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

European small claims court forms How to issue a court claim against a foreign airline with no UK address


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

nattp

I had a 24 hour delay with Sri Lankan airlines in June 09. Ive written to them and they've agreed to pay 600 euros each to me and my OH only problem is they want the ticket numbers which I haven't got.
I did send all the information to them in 2009 when I tried to make a claim for the delay but they turned the claim down at the time. I destoyed the originals last year when i moved offices!
They have said that they cant access my personal information due to the DPA. Can I request the ticket information under DPA from the airline or should I go to the travel agent I booked with and request the information from them, if they still have it? How long are the airlines and travel agents obliged to keep personal information?
Any help would be much appreciated, thanks.

dene-aldo

Oh believe me I'm smart enough just don't know my way around yet. And I will get the compensation I am owed rest assured. I'll keep you posted

demo007

Hi just wondering what the flight details were? Was it Manchester to Ibiza 17th June 2012? I am just about to reply to jet2 asking for details of the reason they believe was extraordinary circumstances

Goodwan wrote: »

I am arguing with Jet2 over a 7 hour delay which they say was down to extraordinary circumstances.
The reason being an issue with a PITOT PROBE HEATER.
I have now sent correspondence to the CAA and hope they can help.
But if they dont where do I go next??
I think that airlines can use any excuse as unreasonable.=, especially Jet2 who are SO POOR with customer relations.

moneysavingameteur

Centipede100 wrote: »

Advice is don't double post...

Apologies Centipede100!

Thanks for the reply on the other thread though!

blondmark

rev_henry wrote: »

Sorry to butt in but do you have a link to the Which? article. I was delayed by 3 hours by Viking Hellas a couple of years back which has since gone bust, however it was a charter flight (only) booked by a tour operator which still exists.

Well Which? has a templated letter for s.75 claims against the credit card issuer for cancelled flights HERE and THESE solicitors confirm you can make s.75 claims for any breach of contract.

Turning to long delays, you would similarly plead that the airline breached your contract with them. So looking at an example of what your contract with the airline might say expressly, let's scrape the bottom of the barrel with the Ryanair contract which states:

"9.2.1 Except as otherwise provided by the Convention or Regulation (EC) No. 261/2004 ..."

This part of the contract acknowledges that you have statutory rights in cases of delay and cancellation. Your argument would be that a breach of those statutory rights would also constitute a breach of that contract. In the alternative you would argue that it is an implied condition of the contract (a) that the airline must get you to your destination within a reasonable time frame and (b) that the airline shall comply with its statutory legal obligations in relation to 261/2004 if it does not.

Pleading breach of contract for flight cancellation is pretty straightforward on a s.75 claim, but you'll need to be a little more creative in proving breach in s.75 flight delay claims.

fourmarks

I have a genuine claim which meets all the criteria required. However, I am dealing with Thai Airways whose customer service department does not to reply to my emails. Neither do they have a contact phone number listed. Before I go any further, has anyone else experienced this 'ostrich' approach by Thai air? Do they have a bad customer relations reputation? Grateful for any advice.