Compensation for delayed flights Discussion Area

BirnamBear

My family and I were flying to Nairobi from Amsterdam and our plane did a handbrake 180 degree turn over the Med and landed in Athens.
There was a faulty sensor in the cockpit which indicated a fire in the cargo hold :eek:
There was no fire but it took three days to fix the plane and our luggage followed us two days after that :mad:
Do I have a claim v Kenya Airways as I have heard that emergency landings rule out delayed compensation costs.They put us up in a hotel for three days and fed us but we now have huge extra costs as we were on a 3 week trip in Kenya and Malawi.We had to book other flights from Nairobi to the Masai Mara and pay for our luggage to follow us there.Had to rebook flights to Malawi and associated hotel cancellation and rebooking costs.This is costing us £1600 as well as losing three days of our holiday.
All advice grateful.

Davidvgoliath

BirnamBear wrote: »

My family and I were flying to Nairobi from Amsterdam and our plane did a handbrake 180 degree turn over the Med and landed in Athens.
There was a faulty sensor in the cockpit which indicated a fire in the cargo hold :eek:
There was no fire but it took three days to fix the plane and our luggage followed us two days after that :mad:
Do I have a claim v Kenya Airways as I have heard that emergency landings rule out delayed compensation costs.They put us up in a hotel for three days and fed us but we now have huge extra costs as we were on a 3 week trip in Kenya and Malawi.We had to book other flights from Nairobi to the Masai Mara and pay for our luggage to follow us there.Had to rebook flights to Malawi and associated hotel cancellation and rebooking costs.This is costing us £1600 as well as losing three days of our holiday.
All advice grateful.

You were on a non EU community airline, but flying from an EU community airport, so yes, theoretically you have a claim.

However, under the newly released guidelines, you may have difficulty in that the airline will doubtless claim 'extraordinary circumstances'.

See the MSE article for details of this, but look at number 21 of the circumstances outlined.

However, three days delay seems mightily excessive, so this strengthens your case in my view.

Suggest you write to Kenya Airways in the first instance. If they turn you down consider a court action, providing they have a UK office though.

sharonjg1

My daughter is booked as an UNMIN with AA from LHR to SJU(San Juan) via JKF. Its a through ticket with a 1hr 50min time lapse for her connection flight to SJU from JFK. Her LHR was delayed 5 hours, they refused to take her! because connection would be missed. So they booked her on todays flight (29th July) and they have now cancelled this flight due to technical problems. So she is booked on tomorrows flight. The child is distraught, I am stressed. I have to take time of work, the cost of travel and parking again, to LHR and even then, if the flight is delay by an hour again, they will continue to refuse her passage. Whilst the EU claim will be 600 euros, to me that should be for EACH time they cancel her flight. Our only solution is for her dad to buy a round ticket from SJU to JFK to meet her but AA will not pay for this even though they entered into a contract they cannot fulfil.

Any body know how I can screw this airline for major compensation for the truama to me, my child and her dad. (who has waitied a year to see her and still waiting)

Davidvgoliath

sharonjg1 wrote: »

My daughter is booked as an UNMIN with AA from LHR to SJU(San Juan) via JKF. Its a through ticket with a 1hr 50min time lapse for her connection flight to SJU from JFK. Her LHR was delayed 5 hours, they refused to take her! because connection would be missed. So they booked her on todays flight (29th July) and they have now cancelled this flight due to technical problems. So she is booked on tomorrows flight. The child is distraught, I am stressed. I have to take time of work, the cost of travel and parking again, to LHR and even then, if the flight is delay by an hour again, they will continue to refuse her passage. Whilst the EU claim will be 600 euros, to me that should be for EACH time they cancel her flight. Our only solution is for her dad to buy a round ticket from SJU to JFK to meet her but AA will not pay for this even though they entered into a contract they cannot fulfil.

Any body know how I can screw this airline for major compensation for the truama to me, my child and her dad. (who has waitied a year to see her and still waiting)

Seesm to me you have separate claims here - denied boarding yesterday, then a cancellation today. So 600 euros apiece.

If the are delayed tomorrow and she is denied boarding then you have yet another claim. And so on.....

purplelemon

On 23rd October 2010 my Iceland Air flight from Heathrow to Reykjavik was delayed by 10 hours, due to a hydraulic leak being discovered as we were about to take off.

On 8th May 2013, I wrote to Iceland Air to claim a total of €800 compensation, for my partner & I.

Initially they tried to fob me off, saying I was too late to claim.

So I complained to the CAA.

Iceland Air have now got back to me after the CAA were in touch, saying that the flight was delayed due to extraordinary circumstances, and so I am not eligible for the compensation.

Their exact words:

Our station report for that particular flight from London Heathrow to Keflavik went technical at 12:50 – the engineer was called and arrived at 13:00 whereby a hydraulic leak was discovered – according to the report, the engineer left at 1322, flight pushed but aircraft returned to stand for further investigation. According to the maintenance log, no problem was indicated for the previous 7 days on TF-FIU, FI450/451, a hydraulic leak is not something that can be located during maintenance checks.

Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Icelandair.

What should I do next? Can the issue legally be classified as an exceptional circumstance? Or should I continue to fight?

CookieRaider

Hi does anyone know if Balkan will pay compensation as i was delayed for just over 3Hrs on the 21st of June this year leaving from Glasgow and flying to Bourgas. (2 Adults and a 10yr old travelling) TIA for any advice.

romanby1

jcwacky wrote: »

On 23rd October 2010 my Iceland Air flight from Heathrow to Reykjavik was delayed by 10 hours, due to a hydraulic leak being discovered as we were about to take off.

On 8th May 2013, I wrote to Iceland Air to claim a total of €800 compensation, for my partner & I.

Initially they tried to fob me off, saying I was too late to claim.

So I complained to the CAA.

Iceland Air have now got back to me after the CAA were in touch, saying that the flight was delayed due to extraordinary circumstances, and so I am not eligible for the compensation.

Their exact words:
What should I do next? Can the issue legally be classified as an exceptional circumstance? Or should I continue to fight?

Yes not an EC Hydraulic leaks occur regularly. Read as many posts on this site as you can and the various EC rulings, you will find your delay is a regular occurrence. The an NBA.

CookieRaider

CookieRaider wrote: »

Hi does anyone know if Balkan will pay compensation as i was delayed for just over 3Hrs on the 21st of June this year leaving from Glasgow and flying to Bourgas. (2 Adults and a 10yr old travelling) TIA for any advice.

I have been searching the web and cannot find any claims regarding Balkan but i have found out that they are called BH Airlines.
http://www.bhairlines.com/page.php?id=23
I also found the conditions of contract but not sure what to do next.
http://www.bhairlines.ba/english/important/uslovi.php
Any savvy people out there that can show me how to proceed? TIA

Vauban

CookieRaider wrote: »

I have been searching the web and cannot find any claims regarding Balkan but i have found out that they are called BH Airlines.
http://www.bhairlines.com/page.php?id=23
I also found the conditions of contract but not sure what to do next.
http://www.bhairlines.ba/english/important/uslovi.php
Any savvy people out there that can show me how to proceed? TIA

Proceed in the normal way as you would with any airline. Make a claim, write a NBA letter if not satisfied with the response, and start legal action if not satisfied with that response in turn. Better make sure they have a presence in the UK though.

blondmark

Vauban wrote: »

Proceed in the normal way as you would with any airline. Make a claim, write a NBA letter if not satisfied with the response, and start legal action if not satisfied with that response in turn. Better make sure they have a presence in the UK though.

They would just need a presence in the EU. Use the European Small Claims Procedure (Form A), issue proceedings in your local county court to be served on them in Bulgaria with the claim to be decided on the documents in England. The downside is that Form A ought to be completed in Bulgarian but that expense can be reclaimed if you win.

There's a piece about enforcing the judgment in Bulgaria HERE.