Compensation for delayed flights Discussion Area

VOB72

steve1500 wrote: »

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!!!

They refused mediation with me too. I don't think it harms to mention their refusal to the judge,I will be, in the hope he will see who the more reasonable party is! It may have no bearing, but I think it's worth pointing out.

David_e

steve1500 wrote: »

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.

I would mention it. If it came to the worst case and you lost, it might have some sway in the judge's mind when it came to costs.

El_Selb

Caz3121 wrote: »

had the BA flight from Miami to UK been delayed and you arrived back over 3 hours late then you would have had a claim.
As the affected flight was non-EU airline departing from outside the EU then there is no claim.
You could see what your travel insurance offers for this

Ahhh that's annoying, was getting my hopes up there. Can't imagine my budget travel insurance are going to do much for me but I can give it a whirl.

domsta

Hello,

Wonder if anyone can advise please.
I was a passenger with the ill fated Helios Airlines back in 2006. I flew to Cyprus form Manchester(and was there when the Helios flight fell out of the sky). My return flight was delayed by 7 hours due to 'technical' problems, (in fact the airline couldnt pay it's bills and was prevented from flying its aircraft out of Paphos - some thing I learnt later). A plane was chartered from Israel to fly passengers back to Manchester.
Since learning of the new EU regs, I thought I would have a go with a claim. Since the airline had gone bust, I attempted a joint liability cliam under Section 75 Consumers Act. This has today been rejected as my credit card provider M&S says the claim is out of the 6 year timeframe which Section 75 dictates.
So my question is :- any other route to make this claim?
Thanks.
ps some may say I was lucky to get back home at all and shoudl consider myself lucky :-)

111KAB

domsta wrote: »

So my question is :- any other route to make this claim?

No afraid not

morgana

I claimed on a flight delay of over 24 hours with Thomas Cook on a flight from Calgary to Manchester in 2011. At the time, I contacted them as I had incurred extra expense due to this delay. they told me then to claim thru my insurers but due to excesses it wasn't worth it.

Have read MSE I submitted a claim a couple of months ago. T Cook have just replied that
" Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.
In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case"

I seem to recollect that the replacement plane broke down too before we could board, so is this as far as I can go with this claim, and are they correct in asserting this is "extraordinary" ?

Vauban

"Are they correct in asserting this is 'extraordinary'?"

You need to decide this for yourself, Morgana. Start off with the FAQs, and then read as many pages of the TC thread as you can, which will give you a sense of what you are up against and what you have to do.

valleytaffgirl

I'm in a similar situation to 'domsta', above.

We were delayed in Sanford Florida (to Gatwick) in March 2007, for hours and hours.

I've been looking fro the relevant information for months now, and completed all the forms, photocopies etc etc etc, last week.

I've just had an email from Monarch, saying that I'm too late to claim.

Could anyone offer any help please, as to where I go to next?

Thank you

Vauban

valleytaffgirl wrote: »

I'm in a similar situation to 'domsta', above.

Actually you're not. Domsta has a claim; you are out of time. The limit for taking action is 6 years, as the FAQs make clear.

Vauban

Still, nice to see Monarch respond honestly for once ...