Compensation for delayed flights Discussion Area

Taz9

Our family of five was delayed by over five and a half hours flying from Manchester to Dubai in 2011, we missed our connecting Emirates flight from Dubai to Mumbai and were put on the next flight. However, after reading this forum when we wrote to Emirates to claim for the delayed flight, this is the reply they sent:
"
Passengers are now able to claim for compensation for delayed flights from the UK where the delay to their arrival is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline’s control.

A review of your case shows that you were travelling on flight EK022 from Manchester to Dubai on 29th May 2011.

The incoming aircraft operating flight EK developed a technical fault with the hydraulic system and for safety reasons it was necessary for us to rectify this fault before departure.

These circumstances were completely unforeseen and totally beyond our control. They could not have been avoided and all reasonable measures were taken. They are considered to be extraordinary and therefore EU compensation does not apply on this occasion.

I trust this clarifies Emirates position. "

Is there stand justified?
Is it legally true wjhat they are aying?
Where do I stand in this matter now?

Any help will be very much appreciated,
Thanks,

blondmark

Taz9 wrote: »

Our family of five was delayed by over five and a half hours flying from Manchester to Dubai in 2011, we missed our connecting Emirates flight from Dubai to Mumbai and were put on the next flight. However, after reading this forum when we wrote to Emirates to claim for the delayed flight, this is the reply they sent:
"
Passengers are now able to claim for compensation for delayed flights from the UK where the delay to their arrival is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline’s control.

A review of your case shows that you were travelling on flight EK022 from Manchester to Dubai on 29th May 2011.

The incoming aircraft operating flight EK developed a technical fault with the hydraulic system and for safety reasons it was necessary for us to rectify this fault before departure.

These circumstances were completely unforeseen and totally beyond our control. They could not have been avoided and all reasonable measures were taken. They are considered to be extraordinary and therefore EU compensation does not apply on this occasion.

I trust this clarifies Emirates position. "

Is there stand justified?
Is it legally true wjhat they are aying?
Where do I stand in this matter now?

Any help will be very much appreciated,
Thanks,

Justified? Absolutely not. Firstly the knock-on effect of 'Extraordinary Circumstances' from a previous flight does not apply to your flight (Case C-22/11 Finnair Oyj v Timy Lassooy), and secondly the regulations require the airline to use an alternative plane if yours is broken (Case Xa ZR 15/10 ). Give them 14 days to agree your compensation, then sue.

Skereets

I spoke to British Airways last night about a refund on a flight that was delayed 24hours (I had to book another flight as I urgently needed to get home) they said I would need to contact my travel agent about a refund. I booked the flight through ebookers but surely its not their fault that the plane didn't take off? Also I did take the return part of the trip.

Is it right that I should be allowed a refund plus compensation? Or should I receive half plus compensation?

I'm confused and annoyed. Any advice would be welcomed ;-)

Crazyangel

Urgh, Thomas Cook are putting up a real fight over my 5 hour delayed flight. No luck as yet, and they keep dodging my question as to why the flight was delayed however are very quick to say I'm not entitled to compensation. Hoping for a bit more luck and can hopefully post back with a success story!

blondmark

Crazyangel wrote: »

Urgh, Thomas Cook are putting up a real fight over my 5 hour delayed flight. No luck as yet, and they keep dodging my question as to why the flight was delayed however are very quick to say I'm not entitled to compensation. Hoping for a bit more luck and can hopefully post back with a success story!

No luck required - just sue.

Peter_Lanky

Recently delayed 20 hours from MAN to DOH on Qatar Airways due to the incoming flight from DOH developing a fuel leak. Contacted Qatar who trotted out the 'extraordinary circumstances' line.

Doesn't seem extraordinary at all to me, so I've registered a complaint with the CAA (using the template provided by MSE) so we shall wait and see.

robo161187

I have just received an email from Air France with compensation of:

800.00EUR (688.00GBP) no refundable, notransferable or 600.00EUR (516.00GBP) refundable.

This is for a flight to Johannesburg in April 2011 that was delayed by almost 24 hours.

When I originally complained they told me that it was due to a technical fault and therefore not their responsibility and the CAA said that I didn't have much of a chance (as the case was still in the ECJ to be decided).

But they have changed their minds in light of the new case, so it is worth complaining again even if you have been declined compensation before!!!!

robo161187

blondmark wrote: »

Justified? Absolutely not. Firstly the knock-on effect of 'Extraordinary Circumstances' from a previous flight does not apply to your flight (Case C-22/11 Finnair Oyj v Timy Lassooy), and secondly the regulations require the airline to use an alternative plane if yours is broken (Case Xa ZR 15/10 ). Give them 14 days to agree your compensation, then sue.

This was the excuse that Air France gave me when I originally complained, but in light of the new case they have reversed that decision and compensated me.

didi4

Anyone claiming for delayed flight TOM108 from Manchester to Barbados on 1st April 2012 - over 7 hour delay?
Does "a faulty part, which couldnt be repaired and one had to be flown in from Luton, which took so long that a new pilot had to be flown in from his holiday in Scotland" count as EC?
Many thanks for your help

tofu

Hi,

Since I have not found a thread specific to Singapore Airlines, I thought I would post in this thread. As I wrote here, I was on a flight with Singapore Airlines from Manchester to Munich that was delayed by several hours, because the plane and crew were delayed on a previous flight from Munich. I wrote to Singapore airlines, asking for compensation. I now received the following reply (highlights by me):

I write in reference to your email of 19 December and please accept our apologies for the delay in replying.

We sincerely apologise for the inconvenience you were caused when you flew with us from Manchester to Munich on 15 December 2012. It remains a matter of regret that as a result of the late arrival of the inbound aircraft, your departure was delayed.

[Name Removed], we seek your understanding that delays are sometimes inevitable due to factors beyond our control, such as air traffic congestion, sudden technical faults or bad weather. Nonetheless, we certainly understand how such occurrences impact on our customers.

On this occasion, the delayed departure of SQ327 was attributed to the closure of the runway at Munich Airport owing to bad weather. As such, I regret we must respectfully decline your claim for compensation pursuant to EC261/2004, as airlines are not liable to compensate passengers for delays caused by inclement weather.

Notwithstanding, we sincerely apologise again for the disruption to your travel plans and thank you for choosing Singapore Airlines.


Note that they appear to give two reasons, but the second one also refers to the incoming flight, not my own flight (SQ327), as I don't believe the runway was closed at the scheduled departure time of my flight.

As far as I understand it, whether or not the delay of the inbound flight was caused by extraordinary circumstances, my flight was not affected by extraordinary circumstances, and therefore I should be entitled to compensation.

I have read the statement in the FAQ of the BA forum regarding "knock-on effect", which appears to go in my favour (as well as Centripede's reply in my original thread). Could you please advise me of how I should write a response?