Compensation for delayed flights Discussion Area

elaine3434

hello i hope im on the right site my flight was delayed by 11hrs on the 21/07/13 no reason given i booked it threw thomas cook but was a charted flight from orbest i have emailed them twice and got no reply what is the next step if any thanx

Vauban

Next step is to read the FAQs ...

Mummykate

Hi TC are claiming that they won't pay compensation on our flight as its classed as an extrodinary circumstance the master start switch was faulty and they say that This is an on condition part that does not require maintenance and the failure of this type of part is unpredictable just at the minute I have judgement by default but TC are asking for this to be set aside is it worth me paying the money to go to court if it is set aside

Vauban

This is quite interesting:

http://www.bottonline.co.uk/press-releases/518-easyjet-loses-landmark-flight-delay-compensation-case

JPears

Mummykate wrote: »

Hi TC are claiming that they won't pay compensation on our flight as its classed as an extrodinary circumstance the master start switch was faulty and they say that This is an on condition part that does not require maintenance and the failure of this type of part is unpredictable just at the minute I have judgement by default but TC are asking for this to be set aside is it worth me paying the money to go to court if it is set aside

Yes. remember there are 2 hurdles TC must clear - one is tech not EC. I think the fact that a switch is faulty is not EC.
The second is all reasonable measure up to intolerable sacrifice to minimise/reduce your delay.
Oddly the burden is on the defendant to prove both.

Vauban

Centipede100 wrote: »

I seem to recall a certain british flag carrier arguing something similar when a hurricane affecting a previous flight sector the day before my own flight was also ECs. Needless to say they lost!!!

Does that mean my case was a landmark case.....?!!

What?! You mean the Small Claims Courts don't set legal precedent?! Blimey - you'll be telling me that I don't have to accept a voucher next ...:rotfl:

Mummykate

I wouldn't say they kept the delay to a minimum it was 17 hours I just though the fact that they said the master start switch does not require maintainence so they don't know when it's going to break made me question myself as to if it was worth carrying on or not thankyou for clearing that up

Gorbar

See the Daily Mail. judge in Cheshire awards compensation for a delayed flight due to weather on previous flight. Knock on effect.

flymeaway

Gorbar wrote: »

See the Daily Mail. judge in Cheshire awards compensation for a delayed flight due to weather on previous flight. Knock on effect.

I am in court next week - mine is a knock on as inbound flight was delayed due to a defective Load Select Controller meaning it was not possible to refuel. The TC witness statement says that a connector was corroded - corrosion is not an EC surely? To me that means the maintenance they pride themselves on is not worth a penny and I won't be flying TC again.

So on the basis of yesterday's ruling of a knock on not acceptable when the reason given (corrosion!) is not an EC do you all agree I have a good chance?

Mark2spark

Corrosion occurs over a period of time, therefore not EC's.
Sounds like shooting themselves in the foot to me. :undecided