Compensation for delayed flights Discussion Area

JPears

paulio84 wrote: »

Good Morning,

My partner and i went to India with Thomas cook last November - we were delayed approx 4 hours on our return journey back to Manchester, UK. The reason for the delay was that the plane they were using had just been used for another route and was in the hanger longer than they expected changing the configuration of the seats!

They said over the tannoy that this was out of their control but just wondering whether anyone thinks its worth putting in a claim?

In a word yes. TC's choice to change configuration of plane, for whatever reason and not have sufficient turnaround. An operational choice/error so totally in their control. Post in TC thread please. But you'll need to confirm delay was 4+ hrs

gmar96

Hi,

I have got the claim started and now just awaiting Qatar's response by last week in January.

I am taking this on myself. I want to ask a few questions about acceptable proof, point of law and how it applies IN non EU state on non EU carrier.

Although there are no boarding cards for the rerouted flight Doha to Manila and Manila to Cebu city, my wife simply didn't think about it. I do have an email, which was sent by a Qatar airways representative in Cebu city on the day my wife and son were boarding a Philippines Airline plane in Manila bound for Cebu. This email states in response to my request for information that they could not get through to Qatar Air but spoke to a Phil air rep and confirmed the time that my wife would be departing Manila. Clearly shows that they scheduled to arrive more than 22 hours after original ticketed arrival at final destination Cebu.

Also on a point that Qatar made to CAA about not being under the applicable ec 261 2004 judgement because the connecting flight was in Qatar. Are they correct in this interpretation?

Apologies to Centipede100 I am listening to what you said but to further clarify Is this complicated by the fact that departure was 3 hours 30 minutes late from Manchester? Flight was booked Belfast to Cebu (Flybe BHD to MAN) (Qatar MAN to CEBU) Delay in MAN meant missed connection in DOHA... point of law and how it applies IN non EU state on non EU carrier. Is this assertion by Qatar superseded by the fact that journey originated in EU?

As you can probably tell I am confused.

G

gargans

i can't find it this particular problem has been answered - our flight was delayed back in 2007. In march this year we requested compensation from Thomson airlines and was rejected.
We tried again in November and have recently been given what was called a final decision on the basis that claims had to be made in 2 years.

I therefore submitted an online application to the CAA, but have been told they won't take up the case because it is older than 5 years.

What's next then? Is it the small claims court?

Caz3121

gargans wrote: »

i can't find it this particular problem has been answered - our flight was delayed back in 2007. In march this year we requested compensation from Thomson airlines and was rejected.
We tried again in November and have recently been given what was called a final decision on the basis that claims had to be made in 2 years.

I therefore submitted an online application to the CAA, but have been told they won't take up the case because it is older than 5 years.

What's next then? Is it the small claims court?

Small claims court only if the flight was less than 6 years ago (or 5 in Scotland) otherwise nothing else you can do if the airline says no

from the FAQs
Small claims time limit Its 6 years in England & Wales, 5 years in Scotland

David_e

gargans wrote: »

What's next then? Is it the small claims court?

Time limit for court action is 6 years (5 years Scotland as Caz3121 notes) from delay so sadly you are almost certainly out of time. You need to give the airline notice of your intention to bring proceedings if they don't pay up. Did you do that in your November correspondence?

Tyzap

Hi Gmar96,

As I said in a previous post, I had a very similar delay with Qatar and received the same letter as you from CAA. Please see post 391 in the COURT SUCCESS THREAD. I flew Manchester to Dubai via Doha. We left Man 3 hours late but missed our connection to Dubai which pushed our arrival at out FINAL DESTINATION back to 5.5 hours.
I don't think Qatar would have agreed to pay out on my case if Qatar Airways or the CAA's were correct in their interpretations of the rules. Good luck.

hoster28

2 weeks ago we were due to travel by emirates from manchester to sydney (aus)
changing flights in dubai then travelling to sydney.the flight from dubai to sydney was delayed by 7hrs 37 mins which meant we spent this time in dubai airport .emirates provided a breakfast at 4am and have since given us 30,000 air miles.the trip was booked as a package through a uk company and part of the package was the 1st night in a Sydney hotel.As the flight was so late we only arrived in sydney the following morning and so lost the 1 night in a hotel.how do i claim for the cost of the hotel stay that was part of the package.i am currently waiting for the package tour company to reply to my email.

avnire

avnire wrote: »

Thanks a lot. In the meanwhile I also found the Hungarian equivalent of CAA. On its website (http://www.nkh.gov.hu/) it points towards the direction of this website if the one wants to raise a complaint about flight delays: http://www.magyarefk.hu/en.html

I've sent few emails around. Fingers crossed.

Thanks again.

Success! My initial claim back in February was declined by Wizzair, referring to extraordinary circumstances (flight delay was caused by bird strike). I did a search on google - there was a bird strike reported the day before on a different route, which should not have had an impact on my flight.

I escalated the case to the Hungarian Air Traffic Authority (Nemzeti Közleked!si Hat!s!g). They passed my claim to the Consumer Right Authority (Fogyaszt!v!delmi Felügyelős!g - nfh@nfh.hu; 1088 Budapest, J!zsef krt. 6.).

Probably the Consumer Right Authority started an investigation, as all of a sudden I had an email from Wizzair, stating this:

"With reference to your claim we would like to inform you that following an investigation it turned out that this flight delay was not „extraordinary circumstances" for the purposes of EC261/2004 (Regulation of denied boarding and of cancellation or long delay of flights). As such, in our view compensation is due in accordance with Article 7 of the Regulation."

Yippie!

Shortly after I got an email from the Consumer Right Authority stating that as Wizzair paid the compensation, they didn't breach the law! What a coincidence!:T

I claimed and received 250 euros 10 months after my claim (distance is 1490km)! As you see peeps, it's worth the flight!

Caz3121

hoster28 wrote: »

2 weeks ago we were due to travel by emirates from manchester to sydney (aus)
changing flights in dubai then travelling to sydney.the flight from dubai to sydney was delayed by 7hrs 37 mins which meant we spent this time in dubai airport .emirates provided a breakfast at 4am and have since given us 30,000 air miles.the trip was booked as a package through a uk company and part of the package was the 1st night in a Sydney hotel.As the flight was so late we only arrived in sydney the following morning and so lost the 1 night in a hotel.how do i claim for the cost of the hotel stay that was part of the package.i am currently waiting for the package tour company to reply to my email.

There are mixed views on the board on this scenario but I would expect EU compensation not to apply as the delay was fully outside the EU. If you get no joy from the tour company you could always try your travel insurance

denise76

This is Monarchs reply to a recent claim
[FONT=&quot]Dear Miss Flitcroft[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Re: ZB532 Manchester to Palma 01st November 2013[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Our records show that the aircraft scheduled to operate your flight was forced to return to stand after a fault occurred with the hydraulic system that operates the cargo door. As a result engineers were called to the aircraft and advised that a replacement part would be required. Despite our best efforts we were unable to transfer your flight to an alternative aircraft and as a consequence, this fault led to an unavoidable delay to the departure of your flight.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Having considered the factual background of this case in accordance with the published guidelines, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours sincerely[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Luke Allen[/FONT]
[FONT=&quot]EU Claims Customer Advisor[/FONT]
[FONT=&quot]Monarch Airlines[/FONT]
[FONT=&quot]Email:[EMAIL="EUClaim@monarch.co.uk"]EUClaim@monarch.co.uk[/EMAIL][/FONT]
[FONT=&quot]www.monarch.co.uk[/FONT]