Compensation for delayed flights Discussion Area
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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.....
Cheers for that; I was getting a bit ahead of myself and thinking about the detail that needs to be provided assuming that the NBA doesn't get a result - which seems likely! I've already spoken to our local court to check I can do the claim there if necessary as (I found out on MSE) I can't use MCOL, as there were a number of us.You did not say what your delay was....
Long story! I've got two cases - one that I had lengthy correspondence with the airline about but which I didn't have time then to go to the court route. I was (very) recently reminded that there is another - which I had forgotten about - with deadline approaching so I need to be ready with NBA so that I have time for filing a court claim. Not even had a response from them yet so no idea what they will be claiming for that delay. Later one, from memory, was something like "we had to get a part in then crew were over their hours". Lost 24 hours of a 2 week holiday in Florida.
As usual, very grateful for all the help and advice on here.0 -
peterlilly wrote: »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
Sadly if the airline has gone but you have no claim ...0 -
recently delayed 23 hours from manchester to malaga, a distance of 1870km. Do i only qualify for the lesser amount 250euros owing to short distance or can i claim the maximum for the extended delay - in effect it cost me a day of my holiday? thanks for any help you can offer0
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babsnbusta wrote: »recently delayed 23 hours from manchester to malaga, a distance of 1870km.
Over 1500km - post on appropriate airline thread if you need any more info after reading FAQ's on page one of that thread.0 -
the compensation is based on the distance, any delay over 3 hours for that distance gets the same paymentbabsnbusta wrote: »recently delayed 23 hours from manchester to malaga, a distance of 1870km. Do i only qualify for the lesser amount 250euros owing to short distance or can i claim the maximum for the extended delay - in effect it cost me a day of my holiday? thanks for any help you can offer
You would qualify for €400 whether the delay to arrival was 3 hours and 2 minutes or 30 hours0 -
Centipede100 wrote: »Sturgeon judgment:
Operative part of the judgment
1. Articles 2(l), 5 and 6 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning.
2. 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 where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.
3. Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of "extraordinary circumstances" within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
The default position is that technical issues should not be ruled as an "extraordinary circumstance" unless the problem is not inherent in normal aircraft operations and maintenance. This should be a pretty high hurdle for airlines to satisfy and they ought not to be able to satisfy that position unless the problem was so rare as to almost never happen. Sadly for passengers, the small claims court can be a bit of a chancy saloon and some odd decisions have been handed down despite the fact that the passengers case was rock solid in terms of the wording of the Regulation and of the precedent case law.
Blindman's reasoning is good but what some people also forget is that airlines must also satisfy the court on the "which could not have been avoided even if all reasonable measures had been taken" aspect. This is sometimes lost in the fog of a claim but to my mind is just as useful to the claimant as the first part of the paragraph.
Thomson say that I do not have a claim because the delay was due to a bird strike, but this occurred to a flight 5 days before mine surely time to replace the plane and get back on track0 -
I was recently delayed on a Flybe flight from Cardiff to Glasgow by 5.5 hours due to a flat tyre.
Every passenger was given £10 to spend on refreshments (not alcohol) in the airport within 1 hour of the due departure & staff were great & apologetic.
On returning I used the standard letter on MSE to contact Flybe, I posted the letter on the Wednesday & received a phone call on the Friday offering either £200 cash direct to the card I purchased the flight with or £300 Flybe vouchers for future flights. I took the cash & it arrived in my bank account by the Monday morning. Fantastic result all very easy.
:j0 -
Was your Florida holiday August 2007, I am trying to get compensation for thisCheers for that; I was getting a bit ahead of myself and thinking about the detail that needs to be provided assuming that the NBA doesn't get a result - which seems likely! I've already spoken to our local court to check I can do the claim there if necessary as (I found out on MSE) I can't use MCOL, as there were a number of us.
Long story! I've got two cases - one that I had lengthy correspondence with the airline about but which I didn't have time then to go to the court route. I was (very) recently reminded that there is another - which I had forgotten about - with deadline approaching so I need to be ready with NBA so that I have time for filing a court claim. Not even had a response from them yet so no idea what they will be claiming for that delay. Later one, from memory, was something like "we had to get a part in then crew were over their hours". Lost 24 hours of a 2 week holiday in Florida.
As usual, very grateful for all the help and advice on here.0 -
Thomson say that I do not have a claim because the delay was due to a bird strike, but this occurred to a flight 5 days before mine surely time to replace the plane and get back on track
That has to be the most ridiculous "defence" claimed yet. I'd love to see what a judge would make of that! Never mind ime to replace the plane, time enough to build a new one! I hope you are going to pursue them for the correct compensation.0
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