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Compensation for delayed flights Discussion Area

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  • I need some advice please. Our return flight from Zante to Manchester on 30/9/13 has just been cancelled (told yesterday 4/9/13). We have been told we now have to get a flight back on the afternoon of the 29th to Gatwick then a coach transfer to Manchester airport. For one i am not happy to return a day early and two I do not wish to travel by coach for such a long journey. I was not given any other alternatives or compensation, just a £25 per person refund as a good will. I would like to know if i have any rights to change the holiday, flights? would i be due any compensation? I have tried looking into getting a refund but Olympic holidays says it is not classed as a major problem so are not willing to do anything for me. I have had no explanation for why the flight was cancelled. There is another holiday to the same place with same air operator a few days later but don't know if i want to risk the same happening again. please help ASAP!
  • Caz3121
    Caz3121 Posts: 15,833 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    vbrook wrote: »
    I need some advice please. Our return flight from Zante to Manchester on 30/9/13 has just been cancelled (told yesterday 4/9/13). We have been told we now have to get a flight back on the afternoon of the 29th to Gatwick then a coach transfer to Manchester airport. For one i am not happy to return a day early and two I do not wish to travel by coach for such a long journey. I was not given any other alternatives or compensation, just a £25 per person refund as a good will. I would like to know if i have any rights to change the holiday, flights? would i be due any compensation? I have tried looking into getting a refund but Olympic holidays says it is not classed as a major problem so are not willing to do anything for me. I have had no explanation for why the flight was cancelled. There is another holiday to the same place with same air operator a few days later but don't know if i want to risk the same happening again. please help ASAP!

    EU Compensation does not apply as you are being given more than 14 days notice, You need to ask the agent what the other options are. I would argue that changing the flight from Manchester to Gatwick should be classed as a major change
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    vbrook wrote: »
    I need some advice please. Our return flight from Zante to Manchester on 30/9/13 has just been cancelled (told yesterday 4/9/13). We have been told we now have to get a flight back on the afternoon of the 29th to Gatwick then a coach transfer to Manchester airport. For one i am not happy to return a day early and two I do not wish to travel by coach for such a long journey. I was not given any other alternatives or compensation, just a £25 per person refund as a good will. I would like to know if i have any rights to change the holiday, flights? would i be due any compensation? I have tried looking into getting a refund but Olympic holidays says it is not classed as a major problem so are not willing to do anything for me. I have had no explanation for why the flight was cancelled. There is another holiday to the same place with same air operator a few days later but don't know if i want to risk the same happening again. please help ASAP!
    What I would also do, if you have the original flight times/flight number etc is check independently, if it actually has been cancelled or you have been bumped. Inwhich case compensation maybe due.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • LBD
    LBD Posts: 261 Forumite
    FAQ's

    All blue words are links to relevant posts.

    WARNING
    Please read these FAQ's and guidance, together with the MSE article in order to discover useful information before you ask a question!

    What to do next after reading the FAQ's.

    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.

    Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.... but check out the corrections to the (inaccurate) MSE article:

    MSE article corrected

    Flight Stats Check your delay length time (you may have to register)

    'Which!' draft letter to set the ball rolling Start off your claim
    Alternatively:

    CAA Template letter Standard claim letter to initiate a claim

    After denial of your claim, issue 14 days notice of Court Action:

    Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

    Explanation of the legal process of NBA, 14 days notice before court claim.

    Small claims time limitIts 6 years in England & Wales, 5 years in Scotland
    European court press release on time limits to claim It's the time limit in each member state, which 6 years in England & Wales.

    MCOL : Link to the Court Forms (for England & Wales)
    How to claim in Scotland - Link to guide to Scottish procedure to small claims
    Scottish Court Fees

    Package holiday flights ARE covered.


    Regulation261\2004
    CAA Denied boarding
    Right to Care
    CAA contact details

    Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
    Extraordinary circumstances + Extra ordinary Circumstances
    Technical issues
    More Technical issues with background
    EC's explained yet again

    Thomas Cook address, phone number, and email address
    Thomas cook incident Oct 26 2012

    Thomson address
    Emirates Airlines address

    KLM Claim form
    Ryanair address
    Ryanair Irish appeal explained
    How to combat Ryanair using the English Court System
    BA Address
    BA complaint web-site

    BA forum explaining the regulation in plain english *ESSENTIAL READING*

    Jet airways address

    Compensation per person + Monarch email
    Monarch Claim form

    European small claims court forms How to issue a court claim against a foreign airline with no UK address

    Airline claims 2 years maximum to claim The England & Wales time limit is 6 years, - that's the Law - Scotland 5 years (see link above for Scotland)

    'More' Judgement on 22nd NOV confirms the limit is whatever applies in the Country - 6 years England & Wales, 5 years Scotland

    Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms

    Original Sturgeon judgment giving rise to delay compensation:

    Legal challenge to Sturgeon judgment - The ECJ Grand Chamber ruling on the 23 October 2012

    Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours

    Eglitis & Ratnieks case C-294/10 Airline should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects) http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=82052&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=477772#ctx1
    :T:T
    :T:T:T:beer::beer:
  • LBD
    LBD Posts: 261 Forumite
    Centepede,Vauban & Mark,

    I have beentrying to fidn details for my young cousin of his delayed flight from manchester to sanford on 28 june last year but cant find anything flight stats,m any ideas where too look ??
  • Ilive i Scotland and my flight was delayed for 36 hrs, unfortunately the airline has gone bust, does anybody know if any chance of compensation ?thanx marjann
  • marjann wrote: »
    Ilive i Scotland and my flight was delayed for 36 hrs, unfortunately the airline has gone bust, does anybody know if any chance of compensation ?thanx marjann

    See the big red letters in the post two posts above yours.
  • VOB72 wrote: »
    Thomas Cook have now defended my claim and are using a firm called Travlaw LLP. Anyone else had a defence prepared by them? Anyone know their success rate? Searched for them on this forum but nothing coming up.

    Just had a similar defence from the same people.
  • Yay - 4 months later and I got compensation ... :) As you can see they still wont accept fault but hey ho who cares as I got my monies back :)

    [FONT=&quot]Our flight was cancelled at 11.42hrs and unfortunately, as Newcastle is not one of our main hubs, which are all based in Scandinavia, all possible was done to locate an alternative aircraft and crew, but unfortunately this was not possible and the fist available alternative flights were rebooked to your final destination in accordance with EU regulations. In accordance with the regulations care and assistance was also provided as due to the time of departure it was not possible to complete your travel on the 07JUN.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Whilst we consider EU compensation is not due, on this occasion and in final settlement to close this case payment of 3 x €250 will be paid , the distance between Newcastle and Bergen being 715km. Travel Credit offered has now been cancelled. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]On receipt of the following bank information I will arrange the transfer of this amount in local currency.[/FONT]
  • Can I ask as a family we travelled to Menorca on a package holiday. We flew Thomas cook outbound and Thomson on the Return. This was in 2010. We had a lengthy delay on the return of around 6 hrs. I am aware that I can try and apply for this compensation. However I no longer have boarding passes or confirmation of trip. I have contacted the travel agents I booked with and they do not keep paperwork that far back......any ideas how I can get proof of travel to then get in touch with the airline?

    I also presume although it was a Thomas Cook package holiday as the delay was on the return flight do I contact Thomson Airlines?

    Thank you in advance, and sorry if I do not have all info this is my first posting on the forum....a wee newbie here.:D
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