Compensation for delayed flights Discussion Area

tasty_snacks

thalia22 wrote: »

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

I'd echo the sentiments above. Iberia is an absolute shower of the brown stuff.


A flight of ours from Buenos Aires to London via Madrid was cancelled in October 2011 as the wrong plane was sent from Madrid on the first leg, and we were told on the spot that we'd be entitled to EURO 600 each and they'd put us up in a hotel for the night. So far, so good.


The next day we were told to contact the Iberia office in UK when we got home to arrange payment. No such office existed. Around 20 letters later, flip knows how many emails (their website complaints procedure is horrid), dozens of calls with surly operators, and finally threatening court action, we received a cheque in the post in February 2013. We could have claimed interest, and the exchange rate moved against us, but at the time the cheque arrived it was after Xmas and most welcome from a cashflow perspective, so we decided to let it go.

We finally got paid by calling an employee in their head office, which a kindly BA agent scrapped to get on our behalf, after hearing the story on our THIRD visit to Heathrow. We still have the contact details - PM me if you would like these to assist in your own claim and I will forward.

The bonkers part is that they never contested liability - the uniform reply was that they agreed we were due the money - they just wouldn't deal with the claim.

It's a horrid, horrid company, customer service simply does not exist, and I caution anyone who listens against using them. Why oh why BA ever wanted to partner with them I've no idea.

The sooner they go into administration the better - except of course for those with outstanding claims.

CitizenErased

Good afternoon, all.

I am hoping that you will be able to offer some advice on my position.

My flight of 5 August 2007 was cancelled. We were put in a hotel room for the night and given free boarding onto a flight 24 hours later.

I have contacted the airline, Vueling, which has stated that a 2-year limitation applies as they are based in Barcelona. I understand that this is irrelevant. However, do I have 6 years to claim in the Court? If so, should I issue proceedings in the Small Claims Court now to protect my position? If I do not do this today or tomorrow, will I be debarred from claiming in the Courts/ lose any remedy I have?

Thank you for any assistance.

Zach

111KAB

CitizenErased wrote: »

My flight of 5 August 2007 was cancelled. We were put in a hotel room for the night and given free boarding onto a flight 24 hours later.
I have contacted the airline, Vueling, which has stated that a 2-year limitation applies as they are based in Barcelona. I understand that this is irrelevant. However, do I have 6 years to claim in the Court? If so, should I issue proceedings in the Small Claims Court now to protect my position? If I do not do this today or tomorrow, will I be debarred from claiming in the Courts/ lose any remedy I have?

WOW - talk about leaving it late! Firstly the 2 year rule is a load of rubbish however you should have issued a letter to Vueling stating that you intend taking legal action unless they resolve within 14/21 days which you can longer adhere to.
Is your previous contact documented or was it merely a 'phone call (ie open to dispute)?

CitizenErased

111KAB wrote: »

WOW - talk about leaving it late! Firstly the 2 year rule is a load of rubbish however you should have issued a letter to Vueling stating that you intend taking legal action unless they resolve within 14/21 days which you can longer adhere to.
Is your previous contact documented or was it merely a 'phone call (ie open to dispute)?

Hi there.

Thank you for your reply.

I became aware of my right to claim in February 2013, and have been in contact with the airline (by email) since, but they aren't moving so I appear to be limited in my options.

Would it be best for me to issue Protective Proceedings, and then use the 4 months afforded to me to refer the matter to the CAA in the hope that the matter will be resolved without ending up at the Small Claims Court?

Vauban

CitizenErased wrote: »

Hi there.

Thank you for your reply.

I became aware of my right to claim in February 2013, and have been in contact with the airline (by email) since, but they aren't moving so I appear to be limited in my options.

Would it be best for me to issue Protective Proceedings, and then use the 4 months afforded to me to refer the matter to the CAA in the hope that the matter will be resolved without ending up at the Small Claims Court?

Yes - or you could pray to Thor, the God of Thunder, to intervene as well. Because the prospect of him doing so is as great as the CAA being useful. As will be obvious from a cursory reading of these pages.

If you don't want to take legal action - and that of course is fine - you should probably walk away. You're almost done in any case.

CitizenErased

Vauban wrote: »

Yes - or you could pray to Thor, the God of Thunder, to intervene as well. Because the prospect of him doing so is as great as the CAA being useful. As will be obvious from a cursory reading of these pages.

If you don't want to take legal action - and that of course is fine - you should probably walk away. You're almost done in any case.

Hi, Vauban.

Thanks for your insight.

Yes, I'm not the most optimistic of the CAA's intervention bringing the matter to a swift close. It seems a shame to do nothing, though, and lose out on £430 (myself and my brother were affected). Is it not a case of, 'you will be successful at Court if you're willing to take it that far'?

Vauban

CitizenErased wrote: »

Hi, Vauban.

Thanks for your insight.

Yes, I'm not the most optimistic of the CAA's intervention bringing the matter to a swift close. It seems a shame to do nothing, though, and lose out on £430 (myself and my brother were affected). Is it not a case of, 'you will be successful at Court if you're willing to take it that far'?

I'm afraid there are no guarantees of success. The tally on the "Court Success Thread" indicates that about 90% of those who start legal action get their compensation - but not all do. So it's a bit of a gamble, albeit one with favourable odds.

Need to get your skates on though!

CitizenErased

Vauban wrote: »

I'm afraid there are no guarantees of success. The tally on the "Court Success Thread" indicates that about 90% of those who start legal action get their compensation - but not all do. So it's a bit of a gamble, albeit one with favourable odds.

Need to get your skates on though!

No kidding! Thanks again.

I intend on sending the Claim Form off today. Just to confirm... we were given a free hotel and placed on another flight for free. The flight was from Amsterdam to Paris. Are we still entitled to compensation, and subject to a 6 year limitation?

CitizenErased

CitizenErased wrote: »

No kidding! Thanks again.

I intend on sending the Claim Form off today. Just to confirm... we were given a free hotel and placed on another flight for free. The flight was from Amsterdam to Paris. Are we still entitled to compensation, and subject to a 6 year limitation?

Apologies for the double post!

In Peter Rehder v Air Baltic Corporation, it states as below. Does this mean that the relevant Court will be either Spain (Vueling's base), Holland (departed from Amsterdam), or France (headed to Paris), meaning that I won't be able to issue proceedings in England and Wales?

"The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that transport contract and on 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, is that, at the applicant's choice, which has territorial jurisdiction over the place of departure or place of arrival of the aircraft, as those places are agreed in that contract."

travelmonkey

Hello folks. I'm just wondering if anyone could help to clarify before I post off any of the letters.

On 27/08/2008 there were several of us on the way to Bratislava with SkyEurope. The flight was delayed by at least 5 hours but the airline went bust in 2009.

I'm pretty sure I paid via my debit card (I know, silly!) so is there anything I could do? Where could I direct a letter?

Thanks in advance for any help folks