Compensation for delayed flights Discussion Area

winnie81

Hi Can I please ask those knowledgeable about the compensation procedures if I could claim or not? We had our flight cancelled with Easyjet on 23rd May (Palma to Stansted) as there was a sick crew member (so we were told anyway) we should have flown at 11.15am and finally flew at approx 5.45pm on a different light to a different airport (Palma to Luton) . We did have food/drink vouchers but I am unsure if that is all the compensation we are entitled too or not?

Thank you in advance for any help,

Claire x

winnie81

CityBoy thank you so much for replying! :j

Yes they paid for 2 taxi's to get us to Stansted from Luton (there were 6 of us) and I shall get on and get that letter done :money:

I successfully took Currys through the small claims court a couple of years ago so I am not worried about issuing a claim and will be prepared for the rejection letters to come

I shall come back for more advice once I have had my 1st claim rejection letter - Thank You! :A

nwolsten

Hi all

I’m looking for some advice, here is the back ground:

Friday 25/6 EZY8667 LGW - ALC 17:40

The gate opened 40 minutes before normal departure i.e. 17:00
We watched everyone on the arriving A321 deboard, baggage removal commence, etc.
At about 17:40 we were advised of a small technical fault (intercom system not functioning) , more info to come, etc.

We watched the plane be refuelled, the outbound baggage was loaded and the captain kicked the tyres/performed his walk around.

Eventually we boarded and about 18:40 the captain informed us that there may be an issue with crew hours, the A321 is a tricky plane to crew, we are searching our crew network, but it doesn’t look good…..

Ten minutes later, sorry folks say the Captain, the flight is cancelled.

From here I immediately rang Easyjet to rebook, the two morning flights were full so I asked for a transfer to Luton on 06:00 next day.

Then I travelled to Luton via 2 trains and the tube, booked into the holiday Inn express at Luton and bought some food from M&S.

Today (Monday 28/6) very quickly I must add, EZ refunded all except one train fare. They say they made a mistake refunding one fare but I can keep that one and that I should have remained at Gatwick rather than travel to Luton. They said it sounds silly but I should have stayed in a hotel at LGW until there was a flight as they do not refund train expenses anymore?!?

I then asked for the 250 euros compensation and they said the flight was cancelled due to Italian ATC striking on that day which impacted on crew hours.

How does this work, the plane was there at LGW at the gate 40 minutes before our scheduled departure time and then it developed a fault which then manifested itself as crew problems.

So here I am, I’ve trekked across London, got a good deal on a hotel, washed my clothes in the shower and I’m told I cannot claim travel expenses or receive any compensation.

Am I getting the standard deny 99.9% of all claim requests?
Should I be able to claim travel expenses, isn’t this rerouting?
Can I make a decent claim for flight compensation?

Many thanks in advance

Neil

justalaugh

Hi can anyone help me I booked a holiday with first choice/thomson to turkey. when we got to the airport for our return flight it had a technical fault so ongoing delay after 3.5 hours we got a bottle of water.then after 4.5 hours got a meal voucher then after 7.5 hours then taken to a hotel for night fed and watered then returned to airport and got flight home. 20 hours 50 mins late.we were all handed a letter and told to make claims on our holiday insurances for delays. Are we not entitled to any compo from the airlines for late car park payments and pet overstays at kennels etc?

Thanks Kevin :mad:

big_peachy

Hello Peeps.Need some advice.

Ive travelled all over the world without a Glitch.Last week myself wife and 5 other members of my family went on a weeks A/I Spain.Problems from the 1st day 3 of us down with sickness bug.Next day my Wife fell and slipped on a stair hallway with no slippery wet signs visible.When she shouted for help her sister came to her aid.She also slipped.Result my wife has damaged ligaments and my sister in law lost 3 teeth 2 black eyes and 7 stitches.T Cook were very unhelpful from the moment it happened,Am raging that our holiday was spoilt by someones negligence.I had to look after push wheelchair for 5 days of my Holiday and run for take away food and Medicines,Food was repulsive and rotten eat out all the time,Things stolen from my apartment.I could go on.Where do i start with this Lawyer?TCOOK? or my insurance who were fantastic with us while i was in this death trap of a Hotel.It really needs to get sorted before someone loses a Life in this HOTEL

thoughts and opinions welcome please

Very truly

big_peachy

is there a Mod that can do this for me i was looking for start a new thread on the fourm but couldnt find one

big_peachy

Can someone help me move this to a relevant thread.I really need some advice if poss

thanks

a-class

hi there dont know if anyone can advise me? We had a flight booked from Alicante to gatwick on friday night,approx 10 min prior to boarding the flight at 10.30pm it was cancelled.At this stage no reason was given some people later said it was down to lack of cabin crew at gatwick.We queued for two hours to be told no flights to Gatwick available till late sat night but may be Monday.As we needed to get home they booked us for Bristol on Sat morning.They did take us to a hotel in Benidorm at 1.30am.NO one gave us any vouchers re food,we were told to pay for a cab to return to Alicante for 8.30am then claim it back(this cost us 70 euros!) They said we could claim for onward travel from Bristol,infact my brother in law drove for 6 hours to take us home
My problems are no-one hs told us what now?How do i get any money back?Do we claim compenstion? and can i get some petrol money back for my brother in law?
Sorry its lots of questions but never previously had any problems.

cherylm777

Hello lovely money savers,

After a bit of advice regarding compensation for cancelled / delayed flights,

I have looked at advice on flight mole and here and sent the following letter to First Choice a few days after we got back.

10/06/2010

Dear Sir or Madam

Cancelled flight TOM 4623

Travel Date: 29/05/2010

Passenger names: Seven passengers names correct on original

Booking reference: XXXXX

We submit a claim for the compensation we are entitled under EC 261/2004.

This claim is made on behalf of passengers: seven passengers names correct on original letter

The Art 7 entitlement per passenger is 250 Euros.

Our flight was cancelled and we were not offered re-routing within the relevant timescales to avoid entitlement to this compensation.

If you seek to advance a defence of extraordinary circumstances as delivered by Art 5.3 we wish to give you a (final) opportunity to prove this defence to us.

The carrier has the burden to prove this defence.

We wish to review the merits of this defence.

We wish to understand the complete factual basis comprising this defence. We also require evidence to support the facts upon which you rely.

We wish to give you a reasonable time to do this. We believe 14 days is a reasonable time. We are aware that you regularly employ Solicitors to respond to such grievances and they can presumably be called to assist you in responding to our request in a timely manner.

Please be advised that vague and unsupported attributed causes or reasons may not fulfil this burden of proof.

We are aware of the requirement to make court proceedings a matter of last resort but, unless you cooperate with us fully at this stage to examine the facts upon which you rely, we shall be obliged to commence court proceedings to ask the court to examine the merits of our grievance. We reserve the right to do this after 14 days failing full cooperation and disclosure of your complete defence.

If you fail to cooperate with us fully we would draw your attention to the relevant Practise Direction concerned pre-action conduct to proceedings in the County Court.

We do not believe that there is any relevant alternative dispute mechanism that is available to resolve this matter.

We shall invite the court to consider your conduct in the light of our request in this letter and to consider any relevant award of costs for actions that might be found unreasonable or unnecessary. A request for costs and interest may be included in the demand presented through the Court.

Therefore we request full details of your defence or alternatively provide us with a cheque(s) in the amount of 1750.00 Euros made payable to Ms XXXXXXX and sent to the above address.

(We prefer email correspondence to assist in speedy communication in this matter but have also printed a copy of this letter which has been sent to you today by post recorded delivery to your registered office).

You may also contact me at email removed or on telephone number removed



Yours faithfully






Ms XXXXXXXXXXXXX



We have recived a letter back thanking us for our paitence and stating the flight was not cancelled but delayed for over 18 hours( flight stats shows flight as changing from active to cancelled several hours into our waite) and stating that no compensation is due and that our welfare needs were met, I have now sent the following letter and would most appreciate someones advise on how to proceed and if I am in fact right in persuing this claim.


Dear Alistair,

Thank you for your email, I would like to draw your attention back to my first letter (copy attached) where I have asked you to do one of two things, either forward to me details that your company may rely on in court to prove extraordinary circumstances with regard to the technical fault that caused our flight to be cancelled or payment of the compensation in line with EU regulations to the amount of 1750 Euros.

I have taken advice from the CAA and ATUC with regard to the incident on the 29th of May and the Air Passengers' Rights Team at Europe Direct have sent me information as to my rights under EU legislation with regard to cancelled and delayed flight where the delay is over three hours. You will also be aware of the judgement regarding (Sturgeon v Condor) previously ruled on by the European Court of Justice in November 2009 and the Wallentin-Hermann v Alitalia judgement from December 2008.

I would also like to draw your attention to flightstats (link had to be removed to post here but showed the flight as cancelled at 9.31pm)


Which clearly shows the flight was cancelled at 9.31pm. Another plane was then arranged and we did indeed fly home the next day.

I am not satisfied that you have given this matter your full attention in investigating our complaint and claim for compensation or that your company met its responsibilities to us during this time.

Please note that:

* We flew from Reus and not Barcelona as stated in your response.
* As a party travelling with three registered disabled people requiring regular medication one of whom is wheelchair user ( of which your company was fully aware as we booked medical assistance both ways with your company) we were not given even the most basic assistance for our needs whilst waiting for announcements on our flight.
* Medication was not made available ( despite making your staff aware of the need and giving detailed description of our cases.)
* Dietary requirements and hydration requirements were most certainly not meet with one small 250ml bottle of water each during our whole time at Reus airport (despite informing your staff of both my partners and my own heat sensitive Multiple Sclerosis and also my partners hypertensive vasovagel syncope which means his heart rate falls if he becomes dehydrated and he passes out with very little warning) Also my son has a thermoregulatory disorder that makes it difficult for him to control his body temperature so after many hours in an airless departure lounge he became so severely overheated that a Doctor was called who was of no use due to lack of English, I resorted to pouring the little water we had over him as despite allowing travellers to pass back out of the airport to smoke we were not allowed to take my son outside for some fresh air and to cool off.
* My Mother is an OAP and after sitting for so long was unable to walk so we eventually found a wheelchair for her to use to get to the transfer vehicle at which point she was forcibly ejected from the chair by airport staff despite there being no further flights or anyone needing the chair till the next day.
* Accommodation for over night stay was ridiculous I would not book to stay in a hotel without air-conditioning in a second floor room that was not large enough to manoeuvre a wheelchair and to our dismay we found faeces on the sheets ( photo attached of faeces and room).
* After being kept awake all night by screaming people on the beach in front we were faced with a breakfast we couldn’t eat and the prospect of dragging our cases and my son down two flights of stairs to meet the transfer vehicles.

I would be most interested to hear how you perceive that our welfare needs were met and also draw your attention to EU regulations regarding disabled and reduced mobility travellers. We have full comprehensive insurance to cover our medical needs but these were of no help with us effectively being stuck behind security at the airport.

We will regard the lack of complete disclosure of your defence at this stage as unreasonable conduct and will invite the court to consider this conduct at any later consideration of costs award in court proceedings that may be necessary to prosecute this claim.

We are very disappointed by your company and your failure to take our complaint seriously, I will again give you fourteen days from today to either fully disclose the facts relating to the technical fault, and please note we require to be provided with full details and supporting proof including but not limited to aircraft technical documentation or forward full compensation of 1750 Euros made payable as per my first letter.

Failure to provide us with the compensation we are entitled to will result in this dispute being place with the Her Majesty’s Court Service (MCOL) online money claim service.

I therefore look forward to hearing from you and either receiving the compensation I have claimed or receiving full disclosed facts relating to the technical fault that caused the cancellation of our flight.

Yours sincerely


MS XXXXXXXXXXX


Anyone getting this far will appreciate that we were far from happy campers, I have looked at all the advice on delays and cancellations and it seems that we have a case, I think in the very least I would contact watchdog should my compensation be denied, please let me know what you think,


Many thanks Cheryl XXX

paulsmam54

I would be very grateful if someone can advise me where to go next regarding our nightmare journey home from Rhodes. We were picked up at 2.30 a.m. on Sunday 5th June to board the plane at Rhodes for our flight at 5.15 a.m to arrive in Newcastle at 7.30 a.m and my son was to pick us up at 8.00 a.m. We were on the plane and were informed by the pilot that there was a fault which he said he had fixed and he only needed an engineer to sign it off. Unfortunately there was not an engineer on the island of Rhodes and he would have to wait for one coming from the UK and even if one come within the next 4 hours, the crew would be out of their flight time. Therefore we were told that we, and our luggage would be taken to a hotel. We arrived at the hotel at about 7.30 a.m. but were not allowed to have breakfast unless we paid for it. We were given a room and told that we could have lunch at 12.30 (free). We then had to report every half an hour to reception to find out what was going on which meant we could not get any sleep. We were then hurried onto the coach at 7.00 p.m. to go back to the airport as our flight would be at 9.00 p.m. (One of the passengers overheard the Swissport rep saying "get them out of here and to the airport quick") We arrived at the airport at 7.30 p.m, our luggage was check in again and we were herded into one room with no access to the rest of the airport. At 10.30 p.m. the pilot arrived to inform us the plane was still undergoing repairs and the tour operator knew this and had no business sending us back to the aiport. He said that we were going nowhere until about midnight when a plane was being diverted from Turkey. At midnight we then informed would not be going to Newcastle but to GATWICK! We were given a voucher for a sandwich and a drink, (some 12 hours after our last meal). We were told that the flight would be at 1.00 a.m. then 2.00, 3.00 and we finally boarded at 4.00 a.m. We arrived back in the UK at 6.30 a.m. and we were put onto a BUS to take us to Newcastle. We had to provide our own refreshments for the 8 hour journey. We arrived back in Newcastle at 4.00 p.m. A journey that should have taken 4 hours took a total of 35 hours!! We had to make our own way home at our own expense. The captain said that he wanted us to be taken back to the hotel for a nights sleep and get on to the plane the next morning but obviously this would have cost the tour operators money and they didn't want to do this. We really felt that they only wanted us out of the hotel even though they knew the plane was not ready for us to board. We felt we were treated so badly and I feel we deserve compensation as this had ruined the holiday. My husband (as well as many others) lost a days pay as he could not go to work on Monday. The tour operator was Direct Holidays (Thomas Cook) and I and many others feel very let down with such shabby treatment by so large an organisation.