Compensation for delayed flights Discussion Area

bokkie1511

Centipede100 wrote: »

How long did you give them to respond in your letter?

I didn't stipulate a time but having read through some of the other posts on here, I'm not sure I would qualify. Our flights were in November 2006! Do we??

blondmark

JuliaDee wrote: »

I don't know if anyone can help - I'm new to this forum. My daughter was delayed by 8 hours on a Thomson flight from Gatwick to Cancun in November 2010. Have found confirmation of the delay from flightstats.co.uk. She has no documents other than knowing the flight no. She was really ill in Mexico with food poisoning & ended up in hospital. Everything else connected to the 'nightmare' holiday has since been shredded ! Do you think there's any point in pursuing a claim against Thomsons for compensation for the delay ? They must be able to prove that she was on that flight ? Thank you for your help.

So first off, there's a Thomson delay forum HERE so best to continue your enquiries there.

But turning to your absence of proof, the court need only be satisfied 51% (i.e. on the balance of probabilities) that she was on that flight. So do email searches for 'thomson', 'cancun' and the flight number to see what comes up. If she spent money on a credit card there, produce a copy. Have the hotel email and confirm she was there when not hospitalised. Finally consider serving a Subject Access Request on Thomson requiring them to produce everything they have concerning your daughter, or threaten them with one if they don't play ball.

heidi8875

Can anyone giive some advice please. We travelled in 2009 from goa to
Gatwick. We were delayed over 5 hours. I do not have any correspondence or boarding passes but did have our passports stamped by immigration. Do you think that this will count as proof? We flew with monarch.

Mark2spark

AndrewJohnson wrote: »

Just a quick message to tell you about our experience. 5 of us were travelling with Monarch in August from Tenerife to Manchester.

Hi Andrew, if you could post your flight details, No. & date of travel, on the Monarch Only thread please, as I'm compiling a list of flights that Monarch have settled and denied.
Thanks.

sjgray_2

Hi,

I have read a few posts, but they all seem to be dealing direct with the Airline. If we booked via a tour operator, who used another airline, do we claim from the tour operator, ie the people we paid our money to? We booked with Olympic Holidays, and flew with Viking Hellas, who I think have since gone bust.

Any ideas?

Thanks

Stuart Gray

samwardill

I need some expert advice. I had a flight from Cork to Birmingham cancelled by Aer Arran. I claimed compensation and they said that the technical issues that caused the cancellation were extraordinary.

The Irish regulator upheld their stance stating:
"The Friederike Hermann-Wallentin - v -Alitalia Linee Aeree Italiane SpA judgment which was delivered by the European Court of Justice (now the Court of Justice of the European Union) greatly assisted with the interpretation of Article 5(3).

The judgment limits the use of the ‘extraordinary circumstances’ exemption per Article 5(3) of Regulation 261 to situations where they relate to events which are “..not inherent in the normal exercise of the activity of the air carrier and …. beyond the actual control of that air carrier on account of its nature or origin..”.

However it also implies that the resolution of technical problems not caused by the air carriers failure to maintain its aircraft cannot be regarded as inherent in the normal exercise of an air carriers activities and therefore can reasonably be regarded as extraordinary (Refer to paragraphs 23, 24 & 25 of the aforementioned ruling.)

Aer Arann forwarded detailed correspondence for our attention in support of their contention that the aforementioned exemption applied to the cancellation of flight EI3706 on the 15th August 2011. The air carrier outlined a number of factors which contributed to the ultimate cancellation of the flight.

Aer Arann explained that prior to the scheduled departure of flight EI3706 the aircraft designated to operate the service was found to have structural damage to the aircraft door. This damage was detected on the final walk-around of the aircraft prior to departure. The aircraft could not operate safely with this defect and in accordance with the aircraft manufacturer’s recommendations was taken out of service to be repaired.

The air carrier confirmed that once it became clear that the necessary repairs could not be completed in a timely manner, it set about locating an alternative aircraft to operate the flight .
For your understanding Aer Arann routinely incorporate spare aircraft into their daily schedule to cover unforeseen events. However the air carrier advised that on this occasion the spare aircraft was also grounded as some repairs were being made.

In the absence of being able to source a suitable alternative aircraft in a reasonable timeframe the air carrier advised that it was left with no option but to cancel flight EI3706. Aer Arann has provided copies of maintenance and flight logs from their engineering and operations departments in support of the above explanation and these have been retained on your file.

Based on the information received we are satisfied that the technical faults which occurred did not stem from a failure to maintain the aircraft. Consequently, having had due regard to both the Regulation and the aforementioned case-law, this Office accepts that the cancellation of flight EI3706 on the 15th August 2011 was caused by extraordinary circumstances for the purposes of Article 5(3).

Furthermore, the air carrier has satisfactorily demonstrated that reasonable efforts were made to avoid the cancellation i.e. consideration was given to operating the flight with another aircraft, however with the air carrier’s own spare out of service it was not possible to secure an alternative in a timely fashion. Furthermore endeavours were made to repair the aircraft in the shortest timeframe possible. In light of all the circumstances this Office is satisfied that on this occasion there were no reasonable measures which could be taken by Aer Arann to avoid the cancellation of your flight EI3706. As a result Aer Arann is not liable to pay compensation on this occasion.”

The Irish regulator’s interpretation of the Friederike Hermann-Wallentin is not how I would interpret that ruling. Nor the poster in the FAQ (http://forums.moneysavingexpert.com/showpost.php?p=56817253&postcount=2142 ).

Do you think that the Irish regulator ruled badly on my case? Is it worth me launching a claim via EC small claims procedure (Aer Arran don’t appear to have a UK address)? Alternatively do you think that a judge is likely to take a dim view of the fact that I ignored the advice of the regulator?

Mark2spark

samwardill wrote: »

Do you think that the Irish regulator ruled badly on my case?

I would ask the Irish regulator again for their comments on point 3 of the ruling in light of their decision.

3.The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.

But it's an interesting take. Seems that all tech issues will be covered if thats the way of thinking. So only compensation if there's.... errrr.... well.... oh right, no compensation for anything then :undecided

jedbartlet

Just had this from BA for a BMIBaby flight:

"You are entitled to compensation for cancellation of your flight WW1092 on 18 February 2008. The distance of your disrupted journey, as calculated in accordance with EU legislation, was 1500km or less. Based on this, you are entitled to EUR250 in compensation.

As there are two passengers included in your claim, the total compensation due is EUR500. I have confirmed the rate of exchange which applies is the exchange rate on the date of the flight and therefore the value of the payment due is £375.43."

Money to be sent to my account...thank you MSE.

Mark2spark

jedbartlet wrote: »

Just had this from BA for a BMIBaby flight:

"You are entitled to compensation for cancellation of your flight WW1092 on 18 February 2008. The distance of your disrupted journey, as calculated in accordance with EU legislation, was 1500km or less. Based on this, you are entitled to EUR250 in compensation.

As there are two passengers included in your claim, the total compensation due is EUR500. I have confirmed the rate of exchange which applies is the exchange rate on the date of the flight and therefore the value of the payment due is £375.43."

Money to be sent to my account...thank you MSE.

If you could repost in the BA thread, as per the request just *two* posts above yours, it would be appreciated Jed.

Nice one anyway

AMG762

Please could somebody show me where the template letters are.

I have seen in the MSE email a reference to them but cant find them anywhere.

I am looking to claim from Easyjet for a flight delayed by 3.5 hours. Whats the best way to contact Easyjet?