Compensation for delayed flights Discussion Area

Paddy_Ray

Booked a holiday to Paphos Cyprus through Thomas Cook. They had reserved seats on EasyJet. Arrived at Gatwick 3 hours early as I could not book online with TC reference no. Found bedlam at EJ Gatwick apparently their computers had failed worldwide. Queued a total of 6 hours being chased from one area to another by EJ with no clear communication. As TC customers every time we got to the front of the queue we were told to stand aside to see what seats were still available. Finally given our boarding pass but no seat NO. and told gates were closed if we were not up to them fast they would leave without us. Waited 2 hours at gate. Everyone was frightened to leave the queues even to go to the toilet. EJ gave us a bottle of water. Because no one had eaten since breakfast and it was now 18:00 they sold out of food on the flight(good profit) not even a complimentary cup of tea. The flight left 3 hours late but the good pilot told us he would get try and make up time on the flight. He did by 20 minutes making our flight 2hours 40minutes late outside the 3 hour compensation rule. What can we claim and from whom?

ianmcn7

hi

could anyone give me some advise please.we were due to fly to singapore via edinburgh then amsterdam for our honeymoon.all flights were klm.at edinburgh our flight was on the runway when pilot declared a sensor fault and he would shut plane down then start it back up to see if it corrected itself,it did but we departed around 30 mins late and were told inflight we would not make connection.they put us in a hotel overnight and sent us next day via singapore airlines because we would get there sooner(klm decided this).we arrived in singapore 15 hours later than we should have.i emailed klm with compensation request and they informed me today that they would give us £200 in flight vouchers each.i declined this and await a futher reply.can anyone tell me if i am correct in holding out for actual money.Thet said there lawyers had looked at all aspects of the case and this was a goodwill gesture.i dont believe it.

thanks in advance for any help.

Caz3121

Paddy_Ray wrote: »

Booked a holiday to Paphos Cyprus through Thomas Cook. They had reserved seats on EasyJet. Arrived at Gatwick 3 hours early as I could not book online with TC reference no. Found bedlam at EJ Gatwick apparently their computers had failed worldwide. Queued a total of 6 hours being chased from one area to another by EJ with no clear communication. As TC customers every time we got to the front of the queue we were told to stand aside to see what seats were still available. Finally given our boarding pass but no seat NO. and told gates were closed if we were not up to them fast they would leave without us. Waited 2 hours at gate. Everyone was frightened to leave the queues even to go to the toilet. EJ gave us a bottle of water. Because no one had eaten since breakfast and it was now 18:00 they sold out of food on the flight(good profit) not even a complimentary cup of tea. The flight left 3 hours late but the good pilot told us he would get try and make up time on the flight. He did by 20 minutes making our flight 2hours 40minutes late outside the 3 hour compensation rule. What can we claim and from whom?

Under 3 hours arrival = no claim. You could try your travel insurance but most of them are for 12 hour delay+. If you have receipts for refreshments you should be able to send them in for reimbursement

Caz3121

ianmcn7 wrote: »

hi

could anyone give me some advise please.we were due to fly to singapore via edinburgh then amsterdam for our honeymoon.all flights were klm.at edinburgh our flight was on the runway when pilot declared a sensor fault and he would shut plane down then start it back up to see if it corrected itself,it did but we departed around 30 mins late and were told inflight we would not make connection.they put us in a hotel overnight and sent us next day via singapore airlines because we would get there sooner(klm decided this).we arrived in singapore 15 hours later than we should have.i emailed klm with compensation request and they informed me today that they would give us £200 in flight vouchers each.i declined this and await a futher reply.can anyone tell me if i am correct in holding out for actual money.Thet said there lawyers had looked at all aspects of the case and this was a goodwill gesture.i dont believe it.

thanks in advance for any help.

There is a thread for KLM, it sounds like you have a claim so have a read of the FAQs on the first page of that thread on how to proceed

traveladdict8

Hi, I had a 6 hour delay with Norwegian in August and below is the reply I got to my letter. I knew the flight was delayed from Oslo toBangkok when I checked in at Gatwick for the Gatwick to Oslo flight - A whole 8 hours before the Oslo flight was due to leave. Am I being fobbed off or should I pursue this....

Thank you for contacting Norwegian. We apologise for the long handling time and thank you for your patience in this matter.

We sincerely apologise for the inconvenience caused by the delay to your flight, DY7201 from Oslo to Bangkok on the 14 August 2013. Regrettably, this flight was delayed by 6 hours and 39 minutes due to unforeseen technical failure with Air Bleed System on the wetleased aircraft from HiFly. It was set Norwegian Dreamliner to operate this flight.

We understand that punctuality is vital for our passengers, and Norwegian strives to ensure that all flights operate according to schedule. Regrettably, due to the nature of air travel, delays and cancellations are unavoidable and do occur from time to time.

We can confirm that the technical difficulties experienced on this day occurred during operation and outside of scheduled maintenance. Norwegian follows all maintenance programs imposed by the CAA, and the aircraft manufacturer, as well as internal maintenance procedures. We therefore consider that all reasonable measures were taken to avoid such technical difficulties.

In accordance with the legislations which we are bound by, we are not obliged to provide compensation or cover additional expenses incurred not including that outlined in EC Regulation 261/2004 Article 9 if the disruption was caused by reasons deemed to be outside of our control. Circumstances that are beyond the control of the operating air carrier are events that are not caused by an act or omission of the air carrier. All claims are evaluated according to the guidelines regarding extraordinary circumstances from the EU Commission. In light of this information, unfortunately we are unable to honour your request for EU compensation.

We respect that our response may not offer the outcome you were seeking, however we must adhere to certain guidelines to ensure we are providing a fair and equitable service. Should you wish to make a claim, we suggest for you to contact your private travel insurance provider for assistance.

For the avoidance of doubt, we refer to the relevant verdicts found in the European Court of Justice which apply to your particular case.

European Court of Justice – C-402/07 (Sturgeon):
The EC Regulation 261/2004 does not expressly provide compensation for cases where the flight has been delayed as it does in the case of cancellations. According to the decision of the European Court of Justice in case C-402/07 (Sturgeon), the passengers affected by a delay should be compensated under the terms laid down in Article 7 of regulation 261/2004, when they reach the final destination three hours or more after the original scheduled arrival time. The airlines are exempt from further compensation if the reason for the delay is extraordinary circumstances outside the airline's control.

European Court of Justice – C-549/07 (Wallentin-Hermann):
Judgement C-549/07 (Wallentin-Hermann) is trying to define what can be classified as extraordinary circumstances. According to the judgement, technical problems that are found during the scheduled maintenance of an aircraft cannot be defined as extraordinary circumstances, unless the technical problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the carrier’s activity and are beyond the operating carrier’s actual control. Circumstances that are not inherent in the operation of air services are events that do not routinely occur during the operation of the aircraft.

Should you wish to appeal our decision, you must send your request to the Norwegian Transport Appeals Board (Transportklagenemnda) within 4 weeks of receiving this letter. Your correspondence can be sent to: Norsk Reiselivsforum, Transportklagenemnda, PO Box 2924 Solli, 0230 Oslo, Norway. For more information please visit https://fly.transportklagenemnda.no/Forside/English.

We apologise for any disappointment our response may cause and hope that we may have the pleasure in welcoming you onboard a Norwegian flight when you next choose to travel.

111KAB

http://www.euclaim.co.uk/news/532/Technical-Defects-Not-%E2%80%98Extraordinary%E2%80%99-In-Flight-Delay-Claims

JGJackson

After discovering the delayed flights options earlier this month I sent a letter to Jet2 re our holiday flights from Newcastle to Ibiza in August 2011. FYI, the flight left Newcastle on time about 1:15pm. We finally got to the hotel at 5am the next morning after using 3 planes and a 7 hour stopover in Manchester from 4:30pm. The middle plane was setting off at about 5:30pm when a fault was discovered in that one. We finally took off about 11:30pm in plane 3. The party consisted of myself, my wife, our daughter and her husband plus two children aged 6 and 3 at the time, who were extremely tired and more than a bit wary of changing aeroplanes so often. Vouchers were provided but what you could use them for didn't really cater for the children too well.

I received the Jet2 reply today. This stated that "all claims of this nature must be made no later than 2 years from the date of the incident according to English law".

I've read the site notes with all the legal references indicating Jet2 are wrong to quote that, plus the forum notes detailing similar happenings, so was wondering if it was worth trying again. Any advice gratefully accepted.

111KAB

JGJackson wrote: »

..... so was wondering if it was worth trying again. Any advice gratefully accepted.

Not worth trying again but please post on Jet2 thread.

morgana

111KAB wrote: »

http://www.euclaim.co.uk/news/532/Technical-Defects-Not-%E2%80%98Extraordinary%E2%80%99-In-Flight-Delay-Claims

Thank you for this. I have more confidence now that my claim will succeed and will be issuing the MORL (?) on Monday.

Vauban

Morgana: think this through very carefully. Pursuing your claim will require time, talent and tenacity. If you think MCOL is called "MORL" I'm not necessarily confident that you've a) thought this through or b) done your homework. NWNF might be better?