Compensation for delayed flights Discussion Area

lyndac40

Holiday_Happy wrote: »

Thank you so much for alerting us on flight delay compensation. Our party of five were booked on a Continental flight from Glasgow to New York in November 2008 & the flight was delayed 7.5 hours. Continental were taken over by United Airlines since 2008 so I emailed them and within five weeks we were offered either $1000 travel vouchers each or €600 cash each. The money has now been transferred to our bank. Many thanks.[/QUO

Hi holiday happy thats great news, can i just ask you did you email your claim or write to United airlines.

Lynda x

kevstarkie

kevstarkie wrote: »

OK after some advise as Virgin have finally got back to me after about 20 weeks of waiting.

As expected they have rejected my claim on the grounds that the delay was caused by extraordinary circumstances that were beyond their control and could not of been avoided even if all reasonable measures had been taken.

They then go on to say that my flight was delayed because of an unforeseen technical issue that came to light after departure. After take off it says the captain reported a smell of smoke and abnormal vibrations so as a precautionary measure we returned to Orlando.

Upon lading hey say their engineers began troubleshooting, they managed to identify the fault and started to fix the issue, however more time was needed to rectify the problem. After looking into all avenues they were left with no option but to delay the service overnight.

They then go on to say having looked through the engineers reports this particular issue had not been encountered or reported on the aircraft's previous sector, they also state that the aircraft did take off safely after all preliminary departure checks had been carried out with no cause for concern.

They then finish by saying it would be an intolerable sacrifice for them to keep a spare aircraft as well as a stand by crew in the rare chance that they would be used.

So I'm asking for advise on what to do next if at all but by reading that I say how can it be extraordinary circumstances out of their control if they then go on to admit it was a problem with their aircraft? Also i get their point about a spare aircraft and crew but after the overnight stay it was still about 24hrs late leaving the second time, I know that an aircfrat flies in earlier than the evening return flight so why did we have to wait even longer to leave? Whats everyones thoughts and advise please?

Reading Centipede100 post about writing a NBA letter and taking the claim further, at the bottom of the post it says this "The airline may still be able to prove a valid defence of "extraordinary circumstances" in a number of cases so it is worth researching/checking whether there is a likelihood of this defence holding up "on the balance of probabilities" which is the legal test used in the County Court small claims track under which most claims will be heard."

Would anybody know if my case Virgin would still use the defence of extraordinary circumstances and if it would hold up on the balance of probabilities?

maxwell33

Could anyone please offer any help or advice? Approximately 2008 on a Thompson flight from Tenerife to Doncaster/Sheffield a passenger took ill and we were diverted to Morocco and had to transfer to an hotel overnight, as the crew were out of flying time. Our insurance did not cover for this delay as it apparently covered everything but passenger illness. I contacted Thompsons but they refused to offer any help. Without going into all the detail the airport was Casablanca, we were kept on the plane sitting on the tarmac for hours before transferring to this hotel with no food provided or available to purchase. We had not eaten since midday and entered the hotel very late at night.

Since that time he have destroyed tickets etc. Is there anything we can do?

Vauban

maxwell33 wrote: »

Could anyone please offer any help or advice? Approximately 2008 on a Thompson flight from Tenerife to Doncaster/Sheffield a passenger took ill and we were diverted to Morocco and had to transfer to an hotel overnight, as the crew were out of flying time. Our insurance did not cover for this delay as it apparently covered everything but passenger illness. I contacted Thompsons but they refused to offer any help. Without going into all the detail the airport was Casablanca, we were kept on the plane sitting on the tarmac for hours before transferring to this hotel with no food provided or available to purchase. We had not eaten since midday and entered the hotel very late at night.

Since that time he have destroyed tickets etc. Is there anything we can do?

Sounds like this was not the airlines fault, and therefore an extraordinary circumstance for which compensation is not payable, IMHO. Sorry.

M0ssim0_2

Iberia Court Action

I’m currently pursuing Iberia for compensation for a delay of over 3 hours arising from the 2nd leg of my journey (Madrid to Lima) from London to Lima. As appears the norm Iberia are hiding behind the ‘extraordinary circumstances’ excuse. I have recently heard back of AESA who have ruled in my favour following Iberia ignoring their request for a report. I’m in the process of waiting to hear from Iberia following this adjudication however I fear that they will opt to string the issue out and subsequently force me to take legal action. My question is which Company do cite in my claim? Does it have to Iberia’s parent Company bearing in mind the flight effected was from Madrid to Lima (although my journey originated from the UK) or as the Company has domiciled operations in the UK can I claim against Iberia UK naming their London address on the claim form?


Thanks.

Ich_2

Your clain is against the operating airline Iberia, not the parent company or other associated bodies

Overthemoon_2

Hi there, in May 2007 I booked tickets for me, my wife and 6 month old baby to go to Cyprus. We were delayed on the Eurocypria Airways outbound flight from Gatwick for over 30 hours and were put up in a hotel in Brighton overnight while a spare part or replacement aeroplane was delivered. It was clearly the airline's fault.

The trouble is that Eurocypria Airways entered into Creditors' Voluntary Liquidation in November 2010. I have written out the template letter provided by you and sent it to the appointed Liquidator in Cyprus but (and I have to say unsurprisingly) haven't heard back from them. Have I reached the end of the road, so to speak or is there a way of pursuing this further?

Would be interested to know if there's anything else I can do because at the time it completely ruined our first holiday abroad as a family.

Ich_2

See page one of the FAQs
Unfortunately you are at the end of the road

thalia22

M0ssim0 wrote: »

Iberia Court Action

I’m currently pursuing Iberia for compensation for a delay of over 3 hours arising from the 2nd leg of my journey (Madrid to Lima) from London to Lima. As appears the norm Iberia are hiding behind the ‘extraordinary circumstances’ excuse. I have recently heard back of AESA who have ruled in my favour following Iberia ignoring their request for a report. I’m in the process of waiting to hear from Iberia following this adjudication however I fear that they will opt to string the issue out and subsequently force me to take legal action. My question is which Company do cite in my claim? Does it have to Iberia’s parent Company bearing in mind the flight effected was from Madrid to Lima (although my journey originated from the UK) or as the Company has domiciled operations in the UK can I claim against Iberia UK naming their London address on the claim form?


Thanks.

Hi their, your claim is against Iberia Lineas Aereas De Espana S.A. Operadora Apartado De Correos 36315, 28080, Madrid, Spain. That's the official address to start your correspondence, but they continually fail to answer many times, and cannot be contacted by email. Send everything by Royal Mail and keep Royal Mail printed receipts, and copies of all correspondence issued. Beware Iberia will always claim technical or extraordinary circumstances. In my opinion you will have to issue a legal challenge through the UK small claims procedure. I have just won a settlement after 2.5 years from December 2010 against Iberia. Once I am in receipt of the money I will post some definitive details, excluding the final settlement figure, because of the legal clause in the Tomlin Order, but that will not detract from the case details prior to settlement. Iberia uses a law firm in the UK, whom I am not impressed with their dilatory actions. Iberia used three different excuses in my case, but I had done my homework, and like you the AESA have upheld your claim, just like mine, then I would issue a notice before action to Iberia's registered office in the UK, giving them say 28 days, before issuing a County Court Claim. My initial court fees was £80, followed by a hearing fee £110, for which I am awaiting repayment of the fee, due to cancellation of hearing within the 7 days allowed, due to the Iberia's Solicitors, issuing of a Tomlin order. Do not forget to claim interest from the date of the flight delay, up to and including the actual date of the Hearing @ 8% of the full value of the claim, and the Euro amount to be claimed, based on the day of the initial claim, using the historical FX exchange rate. The address to serve legal proceedings in the UK is:- Iberia Airlines, Legal Department, Iberia House, 10 Hammersmith Broadway, London, W6 7AL. Tel:0208 222 8900.

You must persist as this company is the worlds worst, do not let them off the hook. best of luck.
regards Thalia 22

alwaysonthego1234

Hi,
Not sure if this is the right place to post, so please bear with me, its my first post.

I went away in 2007 with BA from London Heathrow to Madrid. The flight was cancelled due to a technical problem with the plane, we were offered a nights accommodation in premier in with food provided but we still missed out on a nights accommodation in Spain.

My question is - can I still make a claim and if so,do i write to BA directly?