Compensation for delayed flights Discussion Area

lobsterlaura

Hello!

After almost four years of wrangling with Easyjet, they have admitted liability for a cancelled flight in March 2010 and are willing to pay me €250. Success! However, I replied that I wanted that payment plus 8% interest, in accordance with section 69 of the County Courts Act 1984.

However, I have just received a response from Easyjet in which they say REGULATION 261/2004 is a flat rate payment of compensation, amount depending on distance travelled and so I cannot claim interest. I cannot find any mention of a "flat rate payment" in the wording, and was wondering if any expert here might be able to shed some light on this - am I right about interest, or are Easyjet?

Thanks.

111KAB

lobsterlaura wrote: »

Hello!

After almost four years of wrangling with Easyjet, they have admitted liability for a cancelled flight in March 2010 and are willing to pay me €250. Success! However, I replied that I wanted that payment plus 8% interest, in accordance with section 69 of the County Courts Act 1984.

However, I have just received a response from Easyjet in which they say REGULATION 261/2004 is a flat rate payment of compensation, amount depending on distance travelled and so I cannot claim interest. I cannot find any mention of a "flat rate payment" in the wording, and was wondering if any expert here might be able to shed some light on this - am I right about interest, or are Easyjet?

Thanks.

Should be on Easyjet thread but as this may apply to other airlines .... EJ are correct - you can only apply for (and possibly achieve) an interest payment if a claim has been made via the court process.


ps I am not an expert!

David_e

lobsterlaura wrote: »

However, I have just received a response from Easyjet in which they say REGULATION 261/2004 is a flat rate payment of compensation, amount depending on distance travelled and so I cannot claim interest. I cannot find any mention of a "flat rate payment" in the wording, and was wondering if any expert here might be able to shed some light on this - am I right about interest, or are Easyjet?

Like 111KAB, I am not an expert but my answer would be the same. Reg 261/2004 provides for compensation at the varous fixed rates. It doesn't use the words "flat rate payment" but it's implicit in the fact that fixed compensation is specified.

Having said that, if your legitimate claim has been denied for 4 years it does seem very tough indeed that you are not able to claim.

Maybe someone has more positive view?

legal_magpie

Interest is only awarded by the Court so if court roceedings aren't commenced iinterest isn't payable.

enajsamol

Is compensation payable to the passenger or the person who purchased the ticket?

Caz3121

enajsamol wrote: »

Is compensation payable to the passenger or the person who purchased the ticket?

the passenger as they were the one that were inconvenienced

joef_2

I have been in dispute with Jet2 over a flight to Madeira with a 7 hr + delay. They are claiming 'extra ordinary circumstance' and are in effect blaming the company they chartered the plane from (Strategic) for the delay.
I took advice from this site and contacted the Civil Aviation Authority who have for some months been communicating with Jet2 over this issue.
I have now received an e-mail from the CAA stating in their opinion that the circumstances of this delay do not come under 'extraordinary circumstance' and advised me to write again to Jet2 enclosing their e-mail stating their position.
I have now had a response from Jet2 basically stating they are not changing their stance despite what the CAA have inputted !!!
Does anyone know what should be my next move and how you go about it ??

Thanks Joef

Caz3121

joef wrote: »

I have been in dispute with Jet2 over a flight to Madeira with a 7 hr + delay. They are claiming 'extra ordinary circumstance' and are in effect blaming the company they chartered the plane from (Strategic) for the delay.
I took advice from this site and contacted the Civil Aviation Authority who have for some months been communicating with Jet2 over this issue.
I have now received an e-mail from the CAA stating in their opinion that the circumstances of this delay do not come under 'extraordinary circumstance' and advised me to write again to Jet2 enclosing their e-mail stating their position.
I have now had a response from Jet2 basically stating they are not changing their stance despite what the CAA have inputted !!!
Does anyone know what should be my next move and how you go about it ??

Thanks Joef

try reading and posting in the Jet2 thread https://forums.moneysavingexpert.com/discussion/4384707

shazybabe

This is just to say that although it has taken me a year original post #2205, I have today been contacted by Thomas Cook and payment in full has been offered. I have the all important email from them confirming this! So many thanks to those that gave me the sound advice a year ago when I first started battling T.C, it's been a long road but it's been worth it!
You do a marvellous job on this forum and I for one am extremely grateful. xx
:j :rotfl:

Sorry just realised I should have posted this on the T.C forum....so don't tell me off, I'll post it there too!

WPC123

Not on here that often however thought I would just provide the link for the e-petition again. Its not going to get the support it requires prior to mid March but have read a few posts where posters mention lack of support so just to say there is a petition but the lack of respondents tells its own story I suppose.


http://epetitions.direct.gov.uk/petitions/47077