Compensation for delayed flights Discussion Area

Hwb

Sorry this us the first time i have posted on Forum. not sure where to post. Can I please get some advice. We were on a Monarch flight from Birmingham to Dalaman in May 2012. We were about half way there when the pilot announced that the plane had been turned around and we were heading back to Gatwick as the 2nd pilot had become ill. We were put up at a hotel at Gatwick overnight and were then given a new flight the next day. We finally arrived at our destination in Turkey about 18 hours late. Could we claim compensation?

Vauban

Hwb wrote: »

Sorry this us the first time i have posted on Forum. not sure where to post. Can I please get some advice. We were on a Monarch flight from Birmingham to Dalaman in May 2012. We were about half way there when the pilot announced that the plane had been turned around and we were heading back to Gatwick as the 2nd pilot had become ill. We were put up at a hotel at Gatwick overnight and were then given a new flight the next day. We finally arrived at our destination in Turkey about 18 hours late. Could we claim compensation?

I think this is very unlikely.

oleandra123

Vauban wrote: »

I think this is very unlikely.

Why do you think so? I'm in the similar situation, booked a flight with TAP Portugal from Madrid to Ponta Delgada (The Azores) via Lisbon. In the nutshell - first flight delayed (no reasons given), missed connection flight, sent to another island -Horta Airport, to catch a connection flight from there to Ponta Delgada. First fligh delayed, missing connection flight, but this was cancelled anyway due to technical reasons, next flight that day overbooked. Reroute for the next day. Yes, we were given taxi, hotel, dinner, breakfast etc. BUT we arrived at our destination 22h later that originally scheduled, missed hotel booking, missed 22h of our holidays. I have already written to TAP, today they replied that they agree it was due to their fault but - "Concerning your compensation request, and in accordance to regulation 261/2004 of the European Parliament, we regret to inform your that we cannot correspond to your request."
According to what I have read in this thread and other websites I'm almost sure that we are entitled to compensation, but I'm not sure what our next step should be? Should we talk to Centro Europeo del Consumidor en España (European Customer Centre for Spain)? Has anyone claimed to the Spanish court for the delays? Cheers!

Vauban

Orleanda: how on earth is your situation us similar to HWB's, except that both involve airplanes?

If a member of crew falls ill on the flight and requires medical attention - and the captain judges that is most effectively delivered by returning to the UK - I think you would struggle to persuade a judge that this was not an extraordinary circumstance.

JPears

Centipede100 wrote: »

Sorry JPears, there would be no claim under denied boarding due to the simple fact that the passenger is not able to check in or present themselves for check in for this flight. See Articles 2(j) and 3.2 of 261/2004.

True, but over the past year, we have all got to know how airlines operate and disregard their customers - if the flight hasn't actually been cancelled and OP has been bumped he can back and play merry hell, irrespective of 261/2004

oleandra123

Vauban wrote: »

Orleanda: how on earth is your situation us similar to HWB's, except that both involve airplanes?
.

Sorry, my apologise, I skip the part that it was the pilot who became ill, sorry.

Anyway, regarding my sitution, there is a sentence from the ECJ in Folkerts case from February 2013 that says if a passenger is delayed on a connecting flight less than three hours but arrives at their final destination more than three hours late (we arrived 22 h late) they are entitled to compensation under Regulation (EC) No 261/2004 of the European Parliamen. Google: Folkerts case delay or similar to find out more.

I will write to TAP Portugal once again citing this sentence and see what they say, if they reject it , I will have to probably go to the court, which I'm not really keen on doing, but... Has anyone been to court in Spain with a similar case? Cheers!

RRH

Hello everyone. I had a flight in 2011 to Rio de Janeiro that was substantially altered. Can you please give me some advise of how to submit a claim? I've read the guidelines inside out, but because this involves additional flights I'm not sure where I stand.


What should have happened:

Heathrow to Madrid, then a connection to Rio.

What actually happened:

Heathrow to Madrid flight was delayed by 130 minutes due to weather. This meant I missed the connection. The airline provided an alternative flight, but instead of to Rio it was to Sao Paulo. Once in Sao Paulo I was given an additional connection to Rio. I arrived approximately 24 hours late.



I don't have a booking confirmation of the 2 connections because they were done on the spot in the airports. I was handed a ticket and told to run. I can't find those tickets but will keep looking...

I've got the delay time of the initial flight, and the total distance of the planned flight. I can't find the tickets for the 2 connections, so can't prove I was on them. Where do I stand with a claim? I'm not really sure where to go now! Any help would be much appreciated indeed.

Edit - The airline was Iberia. Should I contact them directly in the first instance, and follow up with the CAA if required? Thanks.

Vauban

It sounds like you were re-routed following a delay to you flight caused by weather. In that instance, no compensation would be due.

carolclothworld

Hi, My husband and I travelled back from Larnaca Cyprus in September 2007 with XL airlines. We were delayed for about 4 hours but I can't find any deltails about the flight . AND XL have now gone out of business. Can I still Claim? and how do I prove we were on that flight, as I don't have any tickets etc. ??

gallaghb

carolclothworld wrote: »

Hi, My husband and I travelled back from Larnaca Cyprus in September 2007 with XL airlines. We were delayed for about 4 hours but I can't find any deltails about the flight . AND XL have now gone out of business. Can I still Claim? and how do I prove we were on that flight, as I don't have any tickets etc. ??

Who would you write your letter claiming compensation to if they have gone bust?