Compensation for delayed flights Discussion Area

dxc_chappie

Monxton_Hatter wrote: »

Last year I was on a flight which was 24 hrs late. Thomson has said no payment due to exceptional circumstances. I have written to CAA and they say they're 'looking into it' - that was 3 months ago. I will now take this to court. Before I do however, I'd like some advice. I am aware of another passenger who was on this flight. They took it to court and before the court date Thomson agreed to pay out. Is there anything I can do to use this to enforce Thomson to settle (other than simply writing to advise I'm aware that they've paid another passenger)? I'd like to avoid going through the courts if possible.

I'm sure by now it has dawned on you what use the CAA are. And unfortunately the only language the airlines will understand is court. Unless you get a witness statement from the other person there is not much you can do, and even then Thomson can choose to ignore it. If you really want to avoid court then maybe consider a no-win-no-fee company. Seek out Coby Benson on this forum (not an endorsement).

Shelley1981

Hi, I hope someone can help me. I booked an Air France flight through Expedia a few months ago. I flew from Birmingham to Incheon in August, and chose a flight on 25th December that would get me back to Birmingham for 3.30pm. A few weeks ago, I got an email saying that my flight had been changed and I would have a longer stopover in CDG and wouldn't arrive back in Birmingham until 7.30pm (times are not exact, possibly out by a 20 mins or so as I don't have my exact details in front of me).
Although I was upset by this I figured, it happens. Not much I can do.
However, this morning I received an email from Expedia saying that my flight leaving Paris is now at 8am on the 26th of December!! Not only missing Christmas Day at home altogether but giving me an 18 hour stopover in the airport!
I had two options on the email, accept the changes (not a chance) or 'call back'. I selected call back but as I'm currently overseas, I will not be picking up the phone number they haves so I have emailed them with all of my details and asked them to contact me via email.
Does anyone have an experience like this? What can I expect from them or what should I ask for? Ideally, I need to change airline and take a different flight that gets me home for Christmas day. I've found a couple of flights that leave late on the 24th and would get me into Birmingham for the 25th. These flights are much longer and are with different airlines..... what are the chances of them changing me to one of these flights?
ANY advice or experience would be greatly received.
Thanks in advance.

Caz3121

the difficulty is that you are having to go through an intermediary (expedia)
Would flights on the 24th December be an option? It is going to be much easier to get the airline to change you onto one of their other flights that move you to another airline. What airline are the alternate flights you have found on? If KLM then you may stand a good chance as AF and KLM are part of the same group

(EU compensation does not apply to this as they are giving you more than 2 weeks notice of the change)

Bonters

EUclaim wins court case! Martinair pays €84,600 to passengers

27-08-2013
After a legal procedure that almost took 2 years, EUclaim received a verdict in a remarkable Court case. Flight MP 665 on 2 Februari 2010 had a flight delay and 141 passengers on that flight decided to file a claim with EUclaim. A very high amount, considering the fact that the airplane has 265 chairs. The Dutch Court ruled that Martinair has to pay €84,600,- to the passengers!
The flight would depart from Amsterdam Schiphol to Aruba and Curaçao. 2 hours before take-off technicians discovered a technical problem. The flight did not depart until the next day. According to Martinair a technical defect is an extraordinary circumstance. However, the judge did not agree. It is the airline’s own responsibility to make sure the airplane is in order.

According to the Regulation, this is a classic case were an airline has to pay financial compensation for loss of time. The airline has to pay, unless they really could not have prevented the delay. A technical defect is not extraordinary.

We would like to congratulate the 141 passengers with this amazing news!

Written by:
Lotte van 't Klooster
Social Media & Communications


http://www.euclaim.co.uk/news/474/EUclaim-wins-court-case-Martinair-pays-84600-to-passengers


A heartwarming story!

a51_ufo

I put on a claim for a 3 hour 40 min delay and had a three page long reply on sat. They said "your flight was delayed due to a technical defect being detected prior to a previous scheduled flight. This then caused a knock on effect to your flight"

They claim the delay comes under "extraordinary circumstances" as the defect was "not something that ought to have been detected during routine maintenance"

Are they trying to fob me off, and if so what should my next steps be? It looks like the case Bonters describes would help my case?!

111KAB

a51_ufo wrote: »

Are they trying to fob me off, and if so what should my next steps be?

They are fobbing you off - depends if you want to fight back though. Read page one FAQ's on airline that caused your delay - doubt you will need to post again but if you do post on that thread and not this general one please.

nigefedup

A question for everyone. We were delayed for 7 hours see below and do you agree that compensation is not payable as it is an extra ordinary circumstance:

1 Flight takes off from LHR-MAD after 30 minutes captain announces problem with the air conditioning and therefore would be returning to LHR. Circle around for 1.5 hours burning fuel as too heavy to land immediately.
2. Land Heathrow and all off loaded, collect bags, clear immigration (Interesting as hadn't been anywhere lol) etc
3. Bo back to departures and put onto another flight departing 7 hours later.

Iberia are claiming it is exceptional circumstances so no compensation. Views anyone ?

nigefedup

I am feeling the same way, but you can only contact Iberia by there website not by phone. the 2 previous responses I had from them said it was because of an air traffic control delay

Third letter from Iberia:

Dear MrUnwin:



Having received your new letter and after checking the reply we sentbefore, please accept my apologies for the way your case was handled.


Depending on the infrastructure and operation of each airport, theairlines and airport authorities establish minimum times to guarantee theconnections of passengers and their luggage.


When these times are shortened and the connection proves infeasible, weprovide them with the quickest way to reach their destination, depending on theavailability of alternative flights.


On this occasion, your originating flight arrived late due to a faultthat our technicians had to repair to ensure the safety of your flight. Themoment we learned of this circumstance, we informed, attended and provided youwith the quickest way of reaching your destination according to the availablealternatives. As it was an extraordinary circumstance that we could notprevent, despite taking every reasonable measure, European CommunityRegulations establishes that no compensation is due.


I have sent the information on to the departments involved so theappropriate measures can be taken.


I can only apologise again and trust that future flights will be to yoursatisfaction.



Sincerely,

Vauban

Nigelfedup: Unless you enjoy licking stamps, I think this correspondence has reached its natural conclusion. But as they are wrong in law and you are owed compensation, I would write a NBA letter and then start legal action without further delay.

running_shoes

Centipede100 wrote: »

What was your routing, from where to where?

Hi Centipede...just seen this! It was from Luton to Malaga on 29/07/11 and thinking about reopening claim due to new rulings?