Compensation for delayed flights Discussion Area

Vauban

1geoff wrote: »

ive had this reply from thomson:

in a limited number of circumstances regulation 261/2004 of the EU now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

the European Court of Justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. the supreme court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. we therefore cant consider claims for flights that were delayed more than two years ago.

am i being fobbed off or should i now take it to the CAA?

Have a read of the Thomson thread - it's all covered there, so I won't repeat it.

Vauban

HELS wrote: »

I flew with BMIBaby in 2010 but it's now been sold to IAG. Does anyone know who this company is or whether I could try claiming from them please?

British Airway. Search for BMIBaby on the forum, and you will see what others have done.

Star9272

I can't see a page to discuss the CAA does anyone have a link if there is one please?

powerpack1

Hi, thanks for your email re delayed flight compensation, it came the day after our flight was delayed - very timely. I followed the guide and used the letter to make a claim with Monarch airlines. I have since received a reply (7 days later) with a new bunch of forms asking for flight details, as I didn't make a copy of the original information from FlightStats, I have tried to access them again. This time as it is an historic flight I was asked to log in, for once reading the T & C's at the end it states that the information used on the site may not be used in making a claim under EC261/2004.
So as only having a vague memory of landing time (I remember take off time), how can it be a totally accurate claim?
Thanks

111KAB

powerpack1 - please adhere to requests and post on Monarch thread.

powerpack1

Sorry didn't think it was particular to Monarch. Advice given was to use FlightStats & I was trying to point out that their T & C's contained a condition not to be used for compensation claims. But will move my query to the Monarch thread.

natsplatnat

Ok folks - I am back with a letter in my hand from Olympic.

Background = 7 adults travelled on a package holiday from Gatwick to Larnaca - booked with First Choice Travel Shop.

Our outbound flight was delayed by 19 hours and when we did fly, it was on a different flight number. Only record of the original flight no. was on the booking confirmation as we were sent off to a hotel before we got to check-in.

I was told (maybe incorrectly) that as it was a package holiday I had to complain to the tour operator (Olympic Holidays). I sent the templated letter to them via First Choice Travel Shop and they have just replied at 28 days!

They are saying that the only claim we have with them is through our travel insurance, and they have "no liability or resposibility for any other expense incurred or financial loss suffered".

The flight carrier in this case was Small Planet. Please could anyone shine any light on where I go from here and whether the claim should be persued through Olympic or directly with Small Planet?

Many thanks in advance, Natalie

111KAB

natsplatnat wrote: »

The flight carrier in this case was Small Planet. Please could anyone shine any light on where I go from here and whether the claim should be persued through Olympic or directly with Small Planet?

Small Planet but it will be difficult. Start off by using your flight number prefix as this will determine whether they were operating flight under their Lithuanian, Polish or Italian licence. Hopefully one of the last two!

natsplatnat

111KAB wrote: »

Small Planet but it will be difficult. Start off by using your flight number prefix as this will determine whether they were operating flight under their Lithuanian, Polish or Italian licence. Hopefully one of the last two!

The original booking confirmation listed flights as 'QS...' and that the actual flight numbers we travelled on were 'P...'.

Fingers crossed for Polish!!?

westonflyer

Hi,
Background: 9 hour flight delay with poor information on the day on when the 10.50am flight would actually be departing and shuffled to numerous gates in the first 2 hours of delay.

Sent claim forms into Monarch 28 days ago and received following Rejection today:

---

Re: ZB279 Barcelona to Gatwick 22nd June 2013

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.


Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We are sorry for the delay you experienced that has led to your claim for compensation. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.


As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.


Our records show that the aircraft scheduled to operate yourflight suffered a failure of the left hand heat probe. Our engineers advised that the probe would need to be replaced and until such time the aircraft could not operate. As a result Monarch Airlines operations team investigated various options to minimise your delay and this resulted in your flight being transferred to another aircraft from within the fleet. The replacement aircraft was not available until completing its previous flying commitments, however, had we not of taken this measure the delay would have been far more extensive.


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 Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

---

Is the opinion here that they have successfully wriggled from paying out ? Or do I still have a case to take appeal it with the CAA ?

Regards
Rob