Compensation for delayed flights Discussion Area

bellaonline79

thalia22 wrote: »

Hi their,

I do not know if this helps but this was the steps taken by me prior to knowing about this website. I sent my original claims form in to Iberia Spain, back in January 2011, at the same time I issued a letter with full details of incident to the CAA. The main contact at the CAA is Frances Walther, (consumers affair manager), or Monica Bonello (consumers affairs complaints unit). After a considerable period of time, the CAA made contact with the Spanish Regulator, the AESA. The AESA issued all correspondence in English to me. The AESA fully investigated my case, and upheld fully all my initial complaint. See final letter from AESA below:-

But to this date Iberia have refused my claim, and have changed their story three times, now extraodinary circumstances. Court papers issued, Defence submitted,Trial alocation questionare issued, just awaitng a court hearing date.
Incidently the solicitors for Iberia have submitted unavailable dates from 20/12/2012 to 27/3/2013, a total period of 97 days of which they are only available 14 days of that 97 days. I think that must be stalling tatics.

Like thalia22 above I have been pursuing a complaint against Iberia for FOUR YEARS ever since a delayed flight in 2009. I have been bashing my head against a wall repeatedly since that time trying to get anything out of them but I REFUSE to give up! I finally thought I saw some light at the end of the tunnel when I received a letter from the Spanish AESA very similar to thalia22's, ruling that Iberia DO owe me 600 Euros compensation. But since then I have heard nothing and reading thalia's comments about what came after for her I am feeling rather disheartened again.
Any advice about what I should do next?
Thanks
Bella

Vauban

bellaonline79 wrote: »

Any advice about what I should do next?

Bella: if you're serious about making progress with this claim you will need to start legal action. Look at the FAQs on page one, and the thread "Taking the airlines to court". I'm afraid only this, rather than a four year letter-writing campaign, is going to get you your compensation.

RogerBruton

In January 2009 I bought a flight on Thomas Cook from Banjul (Gambia) to Gatwick. Due to a medical emergency on board, the flight was diverted to Casablanca in Morocco. After landing, a technical problem meant that the aircraft could not depart and everyone had to spend the night there. I missed a connecting flight in Gatwick by nearly 24 hours. Up until now I have just shrugged it all off. I did not bother trying to claim anything on insurance (excess limits etc). Can I still make a claim against Thomas Cook?

Caz3121

you would have been better to post on the Thomas Cook thread but as the initial concern was caused by extraordinary circumstances I would expect TC to reject your claim due to that reason and you would have to go down the court route and take your chances with the judge but think the chances of success would be slim

RogerBruton

Caz3121 wrote: »

you would have been better to post on the Thomas Cook thread but as the initial concern was caused by extraordinary circumstances I would expect TC to reject your claim due to that reason and you would have to go down the court route and take your chances with the judge but think the chances of success would be slim

Thanks (Caz???) -- didn't realise there WAS a TC thread. I found it difficult enough to get here! I won't lose any sleep over this ... I've dined out on the full story a few times.

Annietray

Hi could u help me please. I went to Hurghada back in May 2009 with my son,niece and nephew(it was for all their birthdays). We got to Hurghada airport and we ended up being delayed 4-5hrs. I have no paper work, nothing but my passport. Would I still be able to make a claim? I'm sure the airline was monarch

Vauban

Annietray wrote: »

Hi could u help me please. I went to Hurghada back in May 2009 with my son,niece and nephew(it was for all their birthdays). We got to Hurghada airport and we ended up being delayed 4-5hrs. I have no paper work, nothing but my passport. Would I still be able to make a claim? I'm sure the airline was monarch

Not unless you can establish which flight you were on, for starters. What were the exact dates? You can then check the flight on flightstats.co.uk. The FAQs on page one of the Monarch thread also tell you how to press a claim.

Jo_CB

Hello,

I was wondering if anyone knew where we stood with this unusual flight delay?

My husband and I were due to fly to Cancun Mexico on Christmas day at 9:35 am from London gatwick for one week.

We found out about 5 AM on route that the flight had been delayed until the same time the next morning.

There were problems on 24 December at Gatwick with delays and flights not going from the north terminal one of which was the Mexico Cancun flight that day from Thomson.

So they decided to move our flight till the next day, BUT our flight time went out on time with the previous days travellers, whilst we were bumped to the next day. So in my opinion I think it is Thomson's fault - it was their choice to cancel our flight there were no problems leaving the airport that day, the 25th, for our flight.

I understand that they probably didn't want to delay the other flight passengers by longer, but from a pilot friend of mine I am under the impression that they could have hired or loaned a plane and both flights could have flown out on Christmas day. They probably did not want to pay for it and just inconvenienced us instead.

In addition the next day the flight was still another hour late and they still had the cheek to charge for soft drinks on the plane. No goodwill offered for delay.

On exiting the plane they gave us a letter stating the flight had been delayed for over 24 hours to give to the insurance company.

My thoughts are Whether to claim on the insurance or whether it is Thomson's fault as they chose to delay our flight? ( The bad weather and power outages were surely the problem of the day before flight not our day).

Any thoughts or advice on who's fault it is or help to word this unusual complaint it is would be much appreciated!

Many thanks

Jo

Caz3121

Start with the FAQs on the first page of the dedicated "Thomson" thread
sounds like you have a claim and you will find links to template letters etc there

jimbowen_2

Hi Jo,
you can claim from your insurance and this will not affect any claim you have against the airline. Now for your flight. IMO your flight should have flown on time. The airline as you say has chosen to bump you. That is not an extraordinary circumstance and could have been avoided. As your delay was over 4 hours for a transatlantic flight you should be able to claim under EC 261/2004. From what you have said you should be entitled to €600 per paying passenger. The airline will probably fob you off but if your lucky the CAA will check and decide in your favour. If the airline still won't play ball then you can either take them to court or use a no win no fee solicitor to support you.