Compensation for delayed flights Discussion Area

Caz3121

travelmonkey wrote: »

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

from the FAQs
Airline bust= no claim
The claim is against the airline, not the travel agent, not the package holiday company, not the administrator, nor anyone else. AIRLINE ONLY. If the airline is bust, you have no-one to claim against. It doesn't matter if the package tour operator is still in business and the airline is not. No airline = no claim.

travelmonkey

Okay, I didn't see that, the FAQ bust bit I saw said...

Can you make a claim if the airline you flew with has gone bust?

In this instance, you may be a creditor of the company. In that case you'd need to make a claim to the liquidator or administrator.

However, if you paid for a flight using a credit card, you may also be able to pursue compensation with your card company, providing the flight cost £100 or more.

For more information, see our Section 75 refunds guide.

blondmark

CitizenErased wrote: »

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."

For a claim against any EU-based airline other than English-based, you use the European Small Claims Procedure (Form A). Your local county court will serve it on the airline in their own country (if they're familiar with the procedure). It should be in the language of the country in which the airline is based, although you may claim back translation costs if you win. Select the option for determination on the papers (i.e. no hearing) in an English court rather than having the claim determined in a foreign jurisdiction. See if you can sort it out and lodge the claim tomorrow - in English if necessary.

blondmark

Caz3121 wrote: »

thanks - must remember Switzerland is not in the EU!

The EU for the purposes of 261/2004 includes all EU Member States plus Iceland, Liechtenstein, Norway and Switzerland (although not the Seychelles).

I-Promise-To-Try

We flew back in 2006 and the airline we used was supposed to be Monarch (MON). However, it was changed to a (EAF) flight number - does anyone know which airline this is please?

Thank you

bazaar_2

CitizenErased wrote: »

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."

it would appear so

bazaar_2

I-Promise-To-Try wrote: »

We flew back in 2006 and the airline we used was supposed to be Monarch (MON). However, it was changed to a (EAF) flight number - does anyone know which airline this is please?

Thank you

have you googled it?
some answers Egyptian Air force, East Anglian Federation, English Archery Federation.
im bored

111KAB

I-Promise-To-Try wrote: »

We flew back in 2006 and the airline we used was supposed to be Monarch (MON). However, it was changed to a (EAF) flight number - does anyone know which airline this is please?

Thank you

If you require the information to claim > you are out of date.

Kirsty.rush

Hello

I'm looking for the link to complain to Cyprus airways. We had a delay with them that I'd like to complain about. Thanks

blondmark

Kirsty.rush wrote: »

Hello

I'm looking for the link to complain to Cyprus airways. We had a delay with them that I'd like to complain about. Thanks

http://cyprusair.com/498,0,0,0,2-Addresses.aspx

Send them a letter requesting full details of the reason for the delay and warning of court action if they fail to provide it within 21 days.