Compensation for delayed flights Discussion Area

wyklety

Hi guys,

my parents flew from Warsaw to Luton with WizzAir and their flight was delayed by 5 hours. They were told by the airline staff that the delay was due to the fact that the airplane had not come back from Luton. Do you think that this classifies as an 'extraordinary circumstance', and would they therefore have a valid reason to pursue a claim for 250 euro compensation for each of them?

In the EU regulation I read that the compensation may take the form that is agreed between the two parties, i.e. a travel voucher. Do you think that the airline would be more likely to compensate the claim without a court case if the compensation was to take the form of travel vouchers?

Also, as a result of the delay, my parents missed the train from Luton to Victoria they had booked. I understand this is a consequential expense - do they have right to claim this as well?

Many thanks,
Karol

paulsmam54

Cityboy

Thank you for your reply.

I forgot to mention in my thread that we were told by the pilot that even if the plane was repaired by 9.00 p.m. it could not take off as he and his crew would be out of their flight time by 11.00 p.m. So it was not just a technical fault, the tour operator was aware that the crew were unable to fly the plane anyway and another crew could not be found.

Do you feel that this would make a difference to our claim?

jahamh

8 hour delay on Saturday from Malaga to LGW. Have complained to EasyJet and requested the €400 compensation pp plus anything else they want to throw in (fat chance) for the paucity of "reasonable" refreshment vouchers - we got €4.50 pp on check-in and nothing else. It was 38 degrees and Malaga isn't air conditioned....

Excuse was that ATC had been suspended due to the French military firing live missiles into the Bay of Biscay. That is outside EsyJet's control so doesn't require them to pay compensation. However, they let the next two scheduled flights to LGW after ours go before we took off and also sent passengers across the same airspace to Luton, Stansted, Manchester and Liverpool. Oh, and no other carriers had a problem.

So, I've asked for clarification from the MoD, the Air Transport Users Council, and the ECAC (the European Air Confederation). For good measure I have also asked the French Embassy why they invaded international airspace and if it is common for their military to target commercial aircraft as practice for missiles. I thought that was the prerogative of the US Navy.....

Anyway, I'll see what I get back and what I can stack up against EasyJet's pathetic excuses. I'll then use the excellent precedents in this string - thanks to all - to move to the next stage of claiming.

I'll post again in due course.

jammieb

Hello

I had arrived back from Turkey with Thomas Cook in the early hours of this morning after a 27 hour delay and would apprecieate any adive that can be given in relation to gaining compensation. I understand that we are entitled to 400 euros as stated on the AUC website (is this per person?) Below are the details of our nightmare return home.

After being picked up from our hotel at 19.45pm (local time) in Turkey on 10th July 2010 we were due to fly from Antalya airport in Turkey at 23:00 (local time) landing at East Midlands Airport 11th July 2010 at 01:40 (local time) flight number TCX299L. We arrived at the airport in plenty of time checking in and made our way to the departure lounge and waiting by our gate to board the fight, at 01:00 (now the 11th July local time) we were still sitting in the airport with no information or announcements and the screens in the airport didnt display any information about delays, not long after rumours started to go round that there was to be a further two hours delay (meaning taking off at 03:00 local time) and this was eventually put up on the airport screens but again no announcements made or information appart from one announcement that mentioned something about refueling but was hardly audiable and noone could work out what it actually said.

We got a free burger king meal but again this was not announced and we only found out via word of mouth, when we asked airport staff what was happening all we got in response is 'we dont know'. So after a 4 hour delay we finally boarded the plane where the pilot informed us that the delay was caused by a technical fault and that they had infact arrived at antalya early to try and get the fault fixed, yet no information was passed on to us about it. Not long after take off the pilot then announced that the fault had reoccured and that we were returning to antalya airport, we were put on a bus from the runway and taken to a departure lounge at 04:20 but no information was given just rumours going around about being sent to a hotel, shortly after we arrived in the departure lounge another flight was brought into the already crowded departure lounge and then at 05:20 a third flight was brough in. At 5:40 a letter was passed around to a few people but not everyone detailing the delay and that arrangements were being made for us to stay in a hotel (this letter was dated the day before -10th July - and said we would get further information at 15:00). More rumours circulated that we had to wait as the cabin crew required 12 hours rest before they could fly again. At 05:45 we were ushered out of the depature lounge and through passport control and into the baggage area, here there was no directions as to if we were getting our luggage back and where we needed to go but luckily we spotted our cases on the other side of the baggage area, again by word of mouth we heard that there were buses waiting for us outside so collected our cases and went outside. Luckily someone on our flight spoke turkish so managed to ask someone and found out where the coaches were so we just got on the coaches, again no information given and we left at 06:25 arriving at the hotel at 07:00. After waiting for 20 minutes we were informed that the hotel was full and had to go to another hotel down the road where we checked in and had to checkout at noon, at this point i called family who told us that the east midlands website showed us as arriving at 17:00 (local time).

The Thomas Cook rep arrived in reception at around 12:00 and informed us that we would either be picked up to be taken to the airport at 21:00 or we would get further information then, this is when we finally managed to get a copy of the letter given out that the airport detailing the hotel details. We went down to the reception with our suitcases and were informed that the plane was fixed at 20:55 and that we would be picked up at 21:15 in order to fly at 00:15 on 12th July (local time) the flight number for this flight was tcx299a so does this mean or original flight was cancelled or just delayed?

The bus arrived at 21:10 and we got to the airport at 21:45, all signs in the airport and the tickets said we were taking off at 23:00 but there were no Thomas Cook reps around at checkin for us to confirm this. At 00:30 (12th July 2010 local time) we were still waiting to board the plane when they started to board another flight to Oslo through our gate which was scheduled to leave after us at 01:05, still no information but we were lead to believe that the airport did not want the oslo flight to be late so they stopped us boarding to let olso board first (at this point disabled passengers were already on board so the plane was ready). While the signs said boarding started at 00:25 it didnt actually start until 00:55, still no announcements were made. We finally started to move at 01.45 and took off at 01:55 on 12th July 2010 (local time)

This is 5 minutes off 27 hours later than we originally should have taken off. Also during this time we got a burger king meal which did include a fizzy drink and we got soft drink with meals in the hotel but appart from that all we had was a complimentary 500ml bottle of water in the hotel room, all the time we were waiting with no information in the departure lounges, we had nothing to drink or eat as you were not allowed to take liquids through even if you bought them in the shoping in the departure area they were taken off you when you went thrugh to your gate.

I just think its ridiculous how little information we were given and was wondering if anyone can give any adivce on our chance of compensation or if anyone else has had a similar experience or was even on the same flight?

jammieb

Thankyou for your advice, unfortuantly i live with my parents so dont have a home insurance policy, would i be able to claim legal expenses off theirs if they have it?

miller31

hey there,

My flight easyjet from amsterdam to prague on 12th Monday July 2010 was delayed initially and then cancelled in the end. It suppose to fly at 7.15pm but it was delayed till 11pm initially. So i went and ask for a refreshment voucher but i was denied stating it was not long enough?(more then 2 hours) Then later on the flight was further delayed till 11.50pm and then at 11:30pm it was cancelled. I only managed to book a flight to london luton the next day at 8.45am rather then flying to prague at the earliest 15th Thursday July 2010. I was told that a shuttle bus would provide the transport to a nearby hotel but it never came. Hence i was left stranded in the hotel and slept around there till my next flight. What claims can i make since i did not actually spend anything?

Thanks for your help.

kevjen

JohnBJsy wrote: »

Please can someone confirm what exactly I am entitled to after my plane was delayed, arriving exactly five hours and one minute behind schedule due to technical problems.We actually had to wait for another aircraft to be flown in but our late arrival caused me to have to spend a night in a hotel plus hire a car for a week because I missed the last train to my destination and it was not viable to travel any of the following three days via this route.
The airline did provide us with a £5 meal voucher after two hours.
Thanks in advance JohnBJsy

Hi JohnBjsy I am in exactly the same position as you. We were dalayed at manchester airport for seven hours, we were flying with Monarch. All we got was a £5 voucher, which I had to add to to buy a hot meal and a drink, there was no one around to tell us what was happening, eventually we were told that we had to wait for a plane from Palma, to take us to Spain. I wrote to Monarch who completely ignore me until I sent them another letter with a time limit on, threatening them with the small claims court. I received a letter from them two days later, but still they denied that I was entitled to any compensation and giving me the brush off, even though I pointed out to them, that on the Which advice page it said that we were entitled to 400euros each for the length of delay. I am still not sure what we are entitled to, but I might take a punt at the small claim court, after all it should not cost that much, and I could end up with 800euros plus what it cost to bring the case. We may then find out what we are entitled when our flights are delayed.

Edman

Having returned (eventually) from Toulouse to London Gatwick, I rung up easyjet to attempt to claim my compensation and they provided the excuse that the flight cancellation was due to a "Bird Strike" and that it was, therefore, out of their control, meaning no compensation was due. (my flight was cancelled and i wasnt put on another until 2 days later).

Having read around a bit on the internet, it seems easyjet are happy to use any excuse possible to deter people from trying to claim the compensation. I also read that 500 commercial planes had been affected by "bird strikes" between 2000 and 2009 so, according to easyjet, i'm just very very unlucky. When on the phone i asked why there were so many other easyjet flights both in and out of Gatwick cancelled that day and was provided with the response:
"I can't tell you the reason for flight cancellations on flights you were not booked on".
I'm guessing they've all been told similar stories to my own.

To get to the point - Is there any way of confirming or denying what they "claim" to be the reason for flight cancellation? I telephoned Toulouse airport but they were unable to provide me with the information.

Secondly, is it worth continuing to push my claim? Can I demand to be provided with evidence for the reason of cancellation? presumably if i took them to court (which i'm not prepared to do) they'd have to provide it.

Any help would be brilliant.

thanks

Edman

Cityboy wrote: »

Edman

You wont find out the reason Easyjet are prepared to defend unless you take them to court, but the burden of proof in such cases is on the airline.

You won't get compensation without going down the legal route, IMO.

thanks for the help. it just angers me that the only way anyone is ever going to get close to their compensation is through going to court. I'd imagine this was never intended to be the case when these laws were conceived.

fidgetbuzz

Very puzzling. I am in dispute with Easyjet over compensation for a cancelled flight end of May . Submitted a written claim backed up by receipts for $59 of expenses + $250 of compensation on 1st June.
Today I see that a bank statement shows a receipt from easyjet on 2nd July of £33.30 - I have had no communication from easyjet telling me that any payment was being made and I can make no sense of the figure at any exchange rate to make it line up with any elements of my claim. I understand that I am likely to have to go to small claims court to get the $250 that I am due.

Anyone any ideas on what conversion rate easyjet use or have they had any similar experience that can throw light on this odd payment