Compensation for delayed flights Discussion Area

JPears

Lol! Ah bless, innocent noobs

Star9272

Vauban wrote: »

(Now I feel a tiny bit ashamed):o

So you should :rotfl::rotfl::rotfl::rotfl:

Dolphin99

Had 26 hour delay on flight to Florida in 2008 from Cardiff with Monarch. They eventually paid an ex-gratia payment of £100 per passenger to us as a gesture of goodwill as they stated they had no legal responsibility to pay anything. Have only just discovered that the ruling brought in can be backdated. Can we still make a claim even though we received the £100 each.

Vauban

Dolphin99 wrote: »

Had 26 hour delay on flight to Florida in 2008 from Cardiff with Monarch. They eventually paid an ex-gratia payment of £100 per passenger to us as a gesture of goodwill as they stated they had no legal responsibility to pay anything. Have only just discovered that the ruling brought in can be backdated. Can we still make a claim even though we received the £100 each.

Provided it was not paid in settlement of any claim, I do not see why not.

janelilac

A budget airline cancelled a flight in September 2011 and cited a french air traffic controllers strike as the justification to cancel.I know that this is classed as not caused by the airline but all other flights and airlines continued to fly.I have evidence of this. We were offered a flight 7 days after the cancellation even though there was tickets available online the following day.In the end we paid 574 euros to fly back to the uk.Has anyone else had experience of this? Any advice would be appreciated.

Caz3121

better to post directly on the relevant airline. If you post on there with details of the date route, others may be able to help/have been in same position

David_e

Dolphin99 wrote: »

Had 26 hour delay on flight to Florida in 2008 from Cardiff with Monarch. They eventually paid an ex-gratia payment of £100 per passenger to us as a gesture of goodwill as they stated they had no legal responsibility to pay anything. Have only just discovered that the ruling brought in can be backdated. Can we still make a claim even though we received the £100 each.

I would say so (subject to the precise details of your case).

Article 15.2 of the 261/2004 Regs:

"If, nevertheless ,... the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation."

steve1500

Submitted Allocation Questionairee to Court and ticked the mediation box. Have received the AQ from Travlaw TC's Solicitors who have said no to mediation.

When we finally make it to Court, is it worth mentioning, or will it have no bearing.

Still don't know what the EC is!!!

Mark2spark

Not worth mentioning IMO.
You should have a copy of their submitted defence shortly. When should it have been filed by? Phone the court if it's late and ask if it's been filed, and get them to send you a copy.

steve1500

Mark2spark wrote: »

Not worth mentioning IMO.
You should have a copy of their submitted defence shortly. When should it have been filed by? Phone the court if it's late and ask if it's been filed, and get them to send you a copy.

Had to look up Aver in Dictionary - Declare to be the case

Had the defence

"It is averred and the defendant will demonstrate that a technical issue that is to be regarded as extraordinary caused the delay and consequently the defendant denies liability"