Compensation for delayed flights Discussion Area

Voyager2002

Thanks Cityboy (633)

I have just submitted another one, since my flight coming back to Africa was also delayed, this time by a mere three hours and a bit. Let's see if this claim is treated any differently, since it involved a journey in business class.

My wording, in case anyone is interested:
My flight was delayed by more than three hours, which meant that I was unable to complete preparations for a business meeting early the following morning. I am therefore entitled to compensation amounting to Euro 400 under Article 7 of EC Regulation 261/2004. However, I would be pleased to assist you and waive this financial compensation in exchange for a credit of 35,000 miles to my Flying Blue account. I would use these to upgrade future flights and so enjoy again the excellent hospitality you provide in Classe Affaires.

Please note that compensation is indeed payable in the case of flight delays. This was made clear by the ECJ judgement in November in joined Cases C 402/07 and C 432/07 Sturgeon v Condor and Bock/Lepuschitz v Air France. I quote from the ECJ ruling: "Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation".

While I am able and willing to conclude this matter in court, I trust that such unpleasantness will not be necessary. For my part, I look forward to many more pleasant flights with Air France.

dzug1

Cityboy wrote: »

Voyager2002 wrote: »

My flight was delayed by more than three hours, which meant that I was unable to complete preparations for a business meeting early the following morning. I am therefore entitled to compensation amounting to Euro 400 under Article 7...

No problem, by the way it should be 'Euro 600' in your case I believe!

But if the flight is more than 3500km, the delay that triggers compensation is 4 hours??

Voyager2002

My compensation calculation followed the information in the article on the main MoneySavingExpert site. According to the information there, compensation is Euro 400 for a delay of more than three hours and Euro 600 for a delay of more than four hours, provided that the journey is more than 3,500 km.

Voyager2002

Danstar wrote: »

If I buy tickets with an airline to connect in New York on a separate flight, but with a partner airline on Aer Lingus I'm careful to give 2 1/2 hours difference, although you go through US security in Dublin so no long queues at JFK.

If my Aer Lingus flight is delayed for whatever reason and I miss the connecting flight would they be liable?

You might like to start a new thread rather than bury this question in a different discussion.

Anyway, your answer depends on how many tickets you buy. If you buy one ticket (per passenger) for the entire journey, including the onward flight from JFK to wherever, then the airline will make sure that you get there. If you buy a separate ticket for your domestic flight in the USA, then if you arrive late and miss it you are on your own -- no-one is liable, and few insurance policies would pick up the cost.

owls4eva_2

Hi, i'm about to claim compensation from Thomas Cook and was wondering which address to send it to.

I phoned the airline's Customer Relations (in Bradford) and was told they don't agree with the EC Reg so won't pay compensation! The ATUC have told me to send the letter there but i don't know if it's worth it as i'm just going to get the same response. Should i send it to Head Office address in Peterborough instead?

Also the ATUC said to forward all correspondence to them if they refuse the claim (which they will) and they will contact them on my behalf. Is this worth it or should i just go straight to the courts to save time?

Thanks for any replies

Andyhansen77_2

Cityboy wrote: »

Andy

I assume this was flight number TOM837 to manchester. You do have a potential claim for delay so have a look at my response to post #567 upthread as the same advice applies. The compensation level is 600 euros per passenger in your case.

The only piece of advice I will repeat here is to check whether you have access to legal expenses cover via your household contents insurance policy which would cover your legal costs as well as providing access to a solicitor to present your case.

Sorry Cityboy i wasnt very clear. This was for my Viking Flight from Sharm El Sheikh to gatwick. Cant remember the flight no. i'm sure i have it lying around somewhere..
Had a look and viking sent me this response to my original letter

Dear Mr Hansen
Thank you for your email and your comments on facebook
With regards to the above flight please accept my sincere apologies for the delay which was caused by exceptional operational difficulties outside our control. Viking Airlines does make use of handling agents at overseas airports, and during your delay we kept in contact with the agents who supplied light refreshment vouchers for all passengers during this regrettable delay.
Viking Airlines acts in accordance with EU Regulation 261/2004. This European regulation was introduced to govern the way in which flight carriers assist passengers, and it provides set criteria that are followed when flights are delayed. The legislation states that passengers who are delayed and elect not to fly on the delayed service are entitled to receive a refund of their unused flight seats. However, those that travel on a delayed service are not eligible for refunds, and airlines are not required to pay compensation for flight delays.
In closing, I would reiterate my apology again for your delayed Viking Airlines flight.
Yours sincerely
Jane
Jane Branch
Customer Relations


Any ideas what to do now?

jcbl

Hi

Just got back after a 24h delay on a transatlantic flight to London. The offer from the airline - VA - is miles equating to half of a one way Economy transatlantic trip. We were fed and put up, but still not adequate recompense for a day's lost time.

In the hours I've spent in the terminal over the last two days, I've had plenty of time to read this thread with interest. My question is, has anyone succeeded in receiving compensation? And if so, with which airlines? Did you have to go all the way to legal action - or was a 'better offer' made and accepted below the statutory compensation level? Are particular airlines paying/not?

Grateful for any advice.

richardw

Easyjet have stated publicly on their website that they have crew problems, perhaps this may reduce the spurious defences against compensation claims.

fidgetbuzz

Easyjet have admitted a calculation error in their payment for meals, telephone and taxi ( taxi of euro 46) and will make an extra payment to correct the mistake. Still nothing on compensation.

I have legal cover in household policy - and will be activating that when starting small claim route.

btcc_fan_2

Hi

Just got back from a 15 hour delay, hope this makes sense.

We were travelling back from Rhodes, Greece to Leeds Bradford Airport with jet2. The flight was due to leave at 16.10 on the 28th of July. We checked in ontime, boarded early ready for an early departure. Then about 30-40 mins later we hadn't gone anywhere and we saw steps coming up to the plane and they told us there was a problem with the left engine of the aircraft.

Two hours later we were offloaded and told that the problem was more of a problem than they first thought. We were told to wait in the terminal for further information.

This further informaation didn't come for another 2hours! Intially they told us that the next information would be an hour later. But then 20mins later at 20:00 we were informed that the flight wasn't going anywhere till tomorrow as the plane had a 'normal' problem which the pilot wanted to check out first but then they wanted a Jet2 engineer to check it aswell.

We were taken through arrivals and to a hotel for the night. We were picked up at 4.30 on the 29th of July for a flight which left at 7.45am. When we got on board pilot told us that there had been a problem with the starter motor which had stopped us from going last night and a new starter motor had been fitted. This totally contradicted what they had told us before.

From reading this would you say we are entitled to compensation or will Jet2 fob us by saying it was an 'extraordindary circumstance'?

Thanks