Compensation for delayed flights Discussion Area

Vauban

Rob,

If the plane took off as scheduled - and you were not there - then you have no claim against the airline under the Regulation. And tour operators are not covered by Regulation 261/04, so you have no statutory right to compensation, in my view. Frustrating, I know. There might offer you some compensation, but I wouldn't hold your breath.

Vauban

legal_magpie

Sometimes unfortunate things do happen and we have to make the best of them.

goneshopping

Hi, i've been reading through this thread and am quite confused as to whether or not i can make a claim.

My mum and I were due to fly with United Airllines from Manchester to Newark (New York) on 14th December. I received an email the evening before i was due to fly advising the flight had been cancelled. I had no joy contacting the airline so had to still travel to the airport as planned.

Staff at the airport were really unhelpful and we were all told to call a premium rate number for further advice. 40 minutes later on my mobile (i'm dreading the bill!) we were booked onto an alternative flight the following day (27 & half hours later than our original departure time!)The alternative flight was not direct like our original one - and we had to travel to Frankfurt, wait for 2 hours then onwards to JKF Airport.

I'm confused because i'm not sure if we can claim due to the flight being cancelled due to a snow storm in the USA? And also do we claim for the amount of time we were delayed in setting off, or the amiunt of time we were delayed getting to our final destination?? Having to take indirect flights significantly increased our journey time?

One last thing does it matter that I will also be claiming through my insurance company??

Any help would be appreciated.

Thanks

LoobyLou39

Just wondered if there was anyone who could help me? I have already filled in the paperwork and sent the details to Thomson complaints. They eventually (and I mean eventually) stated that the 4 hour delay was due to unforeseen circumstances, however, this was not the case - it turned out that the flight before ours (not our actual flight) had window problems? They turned our request for compensation.

I then sent a completed form with all the correspondence to the CAA. They replied after 8 weeks and stated that they were sending the complaint back to Thomson as they had not dealt with it due to the more recent changes and that they would reply within 8 weeks. Needless to say they haven't. I've since emailed and today I have phoned.

The woman at Thomson stated "2 people work in the complaints office" and that "the CAA are sending batches of 4000 complaints at a time". She said that she had got my complaint and would look into it within the next 3-4 weeks.

To be honest, I do have patience but not this much. I'm being sent backwards and forwards with no solution. I would be really grateful for any ideas of what to do next and/or solicitor details etc.

111KAB

LoobyLou39 wrote: »

I would be really grateful for any ideas of what to do next and/or solicitor details etc.

Post should be on Thomson thread then after reading FAQ's on page one of said thread for you to decide whether to walk away (please don't), front a legal claim yourself or appoint a no win no fee. If going NWNF Bott & Co seem to be getting results.

steve1500

Emloof wrote: »

Hi All

Once the an initial delay has been caused by bad weather, does this mean an airline is no longer liable to pay compensation, even if their operational decisions and failings add significantly to the total delay?

My concrete example:
While we were waiting at the gate in airport A, the incoming plane that was scheduled to take us to our destination was diverted to a nearby alternative airport (B), due to a combination of strength and direction of wind, and the airplane type (other planes continued to land & take off without problems). Airport B was ca. 1h drive away, and the decision was taken to take all passengers by bus to that airport. The delay caused by weather was therefore max. 2.5h - 3h (getting buses in place, loading luggage and passengers, transferring passengers to the gate/plane at airport .

However, the airline
- decided to economise, by using the same buses to first take passengers of the incoming flight from B to A, then take the passengers of our flight from A to B, thus adding ca. 2.5h to our delay (roughly the time it took to load/unload and transfer the passengers & luggage from the incoming flight).
- gave conflicting & false information to bus drivers and passengers, with regards to transfer of checked-in luggage. This meant that passengers had to spend >0.5h waiting to get their luggage after arriving at B
- operated only two bag-drop desks to process our flight, one of which was not working due to technical problems. this added another 0.5h
- did not communicate effectively, causing confusion and additional delays
- did not prepare the waiting plane in time for passengers arrival. So the plane had to be refueled after all passengers were on board, adding another 0.5h delay.
- managed to get the wrong airport vehicle in place to move the plane from the parking position. Another vehicle had to be organised, adding yet another 0.5h.

The flight eventually started almost 7h after the original take-off time, and arrived accordingly late. At least half of this delay was not due to weather, or another excluded reason, but operational decisions and failings of the airline.

Has anyone experience with claiming compensation under similar circumstances? - Any help would be very much appreciated!

Best,
Emloof

We had something similar with Monarch.
Airport was Gibraltar. Plane couldn't land because of the wind & was re -routed to Malaga.

We were all bused to there. (No probs at the border)

Transfer time from Gib to Malaga 1 1/2 hours

We eventually arrived home 7 hours late.

In my opinion I would not have been able to claim compenation as the biggesgt factor was the weather, so never put a claim in.

But I did put as claim in for all the food we had to buy & Monarch coughed up for that

jimbowen_2

@loobyLou39 we have been waiting anything up to 12 months for a CAA reply so hang in there. If you have had the initially email confirming your complaint they probably won't even reply until they have news for you. This is dependent on the airline coming back with the information they need to base their decision.

celiaw

I have put my claim in the hands of Bott & co following info on here on the last email from them basically said that Jet2 have not paid anyone for this delay and they will check again in 28 days?
anyone help please??

Caz3121

celiaw wrote: »

I have put my claim in the hands of Bott & co following info on here on the last email from them basically said that Jet2 have not paid anyone for this delay and they will check again in 28 days?
anyone help please??

Probably best to post on the Jet2 thread. I also have a claim with Bott & co for a different flight and have the same update so am just waiting, I think some of these claims can take 12 months +

sw19mike_2

My wife and I flew to Kuala Lumpur in 2010 with Air Asia - not something we would recommend! The flight was supposed to leave Stansted at about 11pm, but a few days before the flight we received an email telling us the flight had been rescheduled for 4am the next morning. This meant landing at KL after the last bus and train had left for the city.

I no longer have any documentation, and Air Asia no longer operate out of the UK. Does anyone know (1) do we stand any chance of getting any compensation, and (2) an address to contact air Asia to make any claim.

Thanks


Mike