Compensation for delayed flights Discussion Area

queenie238

Just a quick bit of advice needed please...
We flew back from JFK(New York) using Air France. We had a connecting flight to catch in Paris. Our flight was delayed nearly 2 hrs in NY meaning we missed our connecting flight (all on one ticket ). we were booked onto the next available flight which was over 5 hrs later
we arrived at birmingham over 6 hrs later than planned...
I emailed air france and they informed me no compensation was due..?
They told me that the crew were delayed getting to the airport because of NY traffic...however the 300 or so passengers managed it !
Any advice much appreciated.

GetCarter1973

Just wanted to share my experience of recently trying to claim for a severely delayed flight in late December 2006 with Aerolineas Argentinas to South America via Madrid. I did try to claim shortly after the event but didn't get anywhere (see later) but then saw this article on MSE and thought I'd give it a go...

Aerolineas Argentinas point blank refused to entertain the idea of compensation saying:

"We inform you that we cannot consider your claim since it is inadmissible pursuant to Air Transportation Regulations and the amount of time that has passed since the event occurred."

So I got in touch with the CAA. After a couple of initial emails over 2 or 3 weeks (they failed to read the details properly in my first email) they then then took 4 months to say:

"...After reviewing your file, it appears that your flight was more than six years ago. As such, we are unable to investigate your complaint any further, as in the UK the time limit for bringing a claim to court for compensation is six years from the date of the delayed/cancelled flight. The CAA’s policy on complaint handling is that we cannot provide a service beyond the time limits of UK courts. Also, experience has shown us that it is very difficult to assess the cause of a flight delay several years ago because good documentation of what happened on the day is rarely available.

Unfortunately, as we are unable to take your case any further, we will now be closing your file. You can find information on our code of practice for complaint handling on our website at the following link (new user so can't post!)"

When I contacted the airline in January 2007 to try to claim for the flight they refused to pay up but did send me a letter to use to claim via my travel insurance stating the the delay was due to 'operational problems' - but this letter also explicitly ruled out any liability on their part. I can't remember why but didn't actually the pursue the claim further - I must found something in my travel insurance policy / contacted them but wasn't covered for some reason.

Anyway, contrary to what the CAA say, I do therefore actually have some (good?) documentation ofm what happened on the day.

Anyone got any views on whether its worth pursuing any further? I could do with the money but not the hassle! :S

Vauban

GetCarter1973 wrote: »

Just wanted to share my experience of recently trying to claim for a severely delayed flight in late December 2006 with Aerolineas Argentinas to South America via Madrid. I did try to claim shortly after the event but didn't get anywhere (see later) but then saw this article on MSE and thought I'd give it a go...

Aerolineas Argentinas point blank refused to entertain the idea of compensation saying:

"We inform you that we cannot consider your claim since it is inadmissible pursuant to Air Transportation Regulations and the amount of time that has passed since the event occurred."

So I got in touch with the CAA. After a couple of initial emails over 2 or 3 weeks (they failed to read the details properly in my first email) they then then took 4 months to say:

"...After reviewing your file, it appears that your flight was more than six years ago. As such, we are unable to investigate your complaint any further, as in the UK the time limit for bringing a claim to court for compensation is six years from the date of the delayed/cancelled flight. The CAA’s policy on complaint handling is that we cannot provide a service beyond the time limits of UK courts. Also, experience has shown us that it is very difficult to assess the cause of a flight delay several years ago because good documentation of what happened on the day is rarely available.

Unfortunately, as we are unable to take your case any further, we will now be closing your file. You can find information on our code of practice for complaint handling on our website at the following link (new user so can't post!)"

When I contacted the airline in January 2007 to try to claim for the flight they refused to pay up but did send me a letter to use to claim via my travel insurance stating the the delay was due to 'operational problems' - but this letter also explicitly ruled out any liability on their part. I can't remember why but didn't actually the pursue the claim further - I must found something in my travel insurance policy / contacted them but wasn't covered for some reason.

Anyway, contrary to what the CAA say, I do therefore actually have some (good?) documentation ofm what happened on the day.

Anyone got any views on whether its worth pursuing any further? I could do with the money but not the hassle! :S

How do you propose to pursue? You can ask the airline for the compensation - and they have already said no. So what else can you do? As the CAA have told you, your claim would be time-barred in the courts: so you can't take legal action. So the good news is there's no hassle ...

Vauban

queenie238 wrote: »

Just a quick bit of advice needed please...
We flew back from JFK(New York) using Air France. We had a connecting flight to catch in Paris. Our flight was delayed nearly 2 hrs in NY meaning we missed our connecting flight (all on one ticket ). we were booked onto the next available flight which was over 5 hrs later
we arrived at birmingham over 6 hrs later than planned...
I emailed air france and they informed me no compensation was due..?
They told me that the crew were delayed getting to the airport because of NY traffic...however the 300 or so passengers managed it !
Any advice much appreciated.

Sounds like you have a claim, but you may need to start legal action. See the FAQs for what to do next.

Vauban

gracie191 wrote: »

Hello All.
Me and my boyfriend were delayed 3 hours and 37 mins on our flight from lanzarote to Stansted on 04.07.13 - TCX7125.
This was due to a problem with part of the aircraft. Has anyone else tried to get compensation for this delay? Let us know how it goes and we will keep you updated of our progress.
Thank you

Post in the Thomas Cook thread!

LBD

letter arrived from court this am, make payment within 14 days ........lol............ is it going to happen?????????nopeeeeeeeeee they wont.......

sigh what will one then do!!!!!

111KAB

LBD wrote: »

letter arrived from court this am, make payment within 14 days ........lol............ is it going to happen?????????nopeeeeeeeeee they wont.......

sigh what will one then do!!!!!

Airline were given 21 days in my case - took them 27 days but pointless really doing anything for at least 10 days afterwards (they know this) as by the time you have appointed and paid for bailiffs the cheque will arrive.

David_e

LBD wrote: »

But sir this case is very important to the industry and its result will cost the industry millions of pounds.......judge that has nothing to do with the claimants claim..........

Thought from what I had read that that small claims decisions didn't create any legal precedent anyway so presumably she was making it up as she went along!

Anyway, great result and a PM with your skeleton argument would be very welcome. I need to do my NBA in the next week.

LBD

David_e wrote: »

Thought from what I had read that that small claims decisions didn't create any legal precedent anyway so presumably she was making it up as she went along!

Anyway, great result and a PM with your skeleton argument would be very welcome. I need to do my NBA in the next week.

Your right they don't......I think she was meaning that the win would encourage people to take the court route...

On the first page of this thread are the faq and template letters...all you need for the NBA are the following.....you are claiming compensation under Europe 261/2004 for a delay of how ever long the delay was.....

Give them 14 days,even specific an exact date if you want....they will submit a basic defence and then have an additional 14 day's.......that is when you will have an idea what the defence is......

Until we know what that is.....it's like shooting fish in a barrel......read the Wallentin report, t more you do,the more you will get it....

You did not say what your delay was....

peterlilly

We were delayed 12 hrs departing Manchester to Kos 4 yrs ago flying with XL airways with airrage on the return flight having to land in Frankfurt whilst 2 passengers were arrested , On our return I did complain but Xl went into liquidation and I heard no more , just wondering if we have still have a claim and who too