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Compensation for delayed flights Discussion Area

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Comments

  • I was delayed 12 Hours, Thomas Cook have offered me Vouchers to use to book another flight, do I have to accept or should they give me ££ instead. appreciate if anyone knows or has had a similar expereince
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    If you want £, ask for £.
    Posts are not advice and must not be relied upon.
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    richardw wrote: »
    If you want £, ask for £.


    + post flight details etc on TC thread as your result may help others.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Centipede has the same thinking as myself. Reg 261/2004 is an attempt to make airlines take responsibilty for the customers (and income stream) in reducing delays/cancellations and denied boarding. They have had the choice and oppurtunity since 2005 - nearly nine years ago now, to either change their business/logistical practices or face a financial stick/penalty. However the airlines seem to think they can get away with doing neither. Unfortunately, to a degree they are.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • David_e wrote: »
    Trying to be absolutely objective, I think that relatively large fixed compensation amounts can, in some circumstances, be argued to be excessively punitive.

    David_e: This post is not meant as a dig at your objective views.

    I believe in the early days of EU261/2004 some airline bodies - IATA & ELFAA (European Low Fares Airline Association) - took a case that ended up being referred to the ECJ that included arguments about the compensation levels being excessively punitive for low fare carriers. See para 20 questions 5 & 7:
    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62004CJ0344:EN:HTML

    They lost. See Paras 78 to 100 and particularly note paras 88, 91 & 98.

    Here is the ELFAA winge after loosing:
    http://www.elfaa.com/documents/ELFAAreleasedecisiononDBC10Jan06_000.pdf

    Whilst some of you (and I expect all airlines too) may believe that the compensation payable is excessive, the ECJ (and therefore the law) says it is not. ;)
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    edited 17 January 2014 at 8:10PM
    razorsedge wrote: »
    David_e: This post is not meant as a dig at your objective views.

    Absolutely none taken. It was just airing a thought in response to the comments Martin L is said to have made.

    As noted, airlines have passed up the opportunity to organise their affairs to mitigate the impact of the Regulation. They are also absolutely shameless in using EC where it is clearly inappropriate.

    I'm not a frequent flyer by any stretch of the imagination but have still spent many uncompensated hours hanging around airports seeing my scheduled departure times come and go. If I finally receive something, I will have no qualms whatsoever in taking it.

    Equally, airlines would be happy to rely on the Regulation to restrict their liability if a delay/cancellation caused a passenger losses in excess of the amounts prescribed.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    I enjoyed very much the Elfaa whinge: a more self-serving document you will struggle to find. It does illustrate though the long-standing, systematic and spurious campaign that the airline industry has waged against the Regulation from the off. Will the Dawson and Huzar appeals finally end this nonsense? I'm not so sure ...
  • I have recently experienced a 24 hour flying from Toronto to Heathrow. This was during the recent bad weather due to the Polar Vortex.

    We were originally due to fly out at 11pm on a Monday, this was delayed to 1am, then 2am and then 12pm the next day, we spent the evening trying to sleep in the airport. The next day the flight again showed up as delayed to 1.30pm then 2.30pm and then showed as cancelled on the board. At customer services we were advised that we had been moved to a new flight leaving at 6.30pm with a new flight number. Again this flight was delayed to 10pm. We did eventually board this flight at 10pm and took off after 11pm as they were still loading our luggage. During all this time we were never given a reason to the delays. Also during all these delays the departure gate must have changed about 10 times.

    We were given 2 x $10 vouchers to use on food and drink. As a sandwich cost $10 this didn't get very far.

    Do you think I would be able to claim compensation or will this be classed as no fault of the airline?
  • Hi

    Hoping someone might help

    We had a delay of over 24 hours on a return flight from Cancun to Gatwick. On the day of our return everything was going to plan right up to the time of departure. Some of us passengers had even boarded the plane and taken our seats ready for take off. It was at this time we were then quickly asked to leave the plane.

    Amongst utter confusion we were told to go to a different gate where there was another Cook airplane waiting. While at the same time the passengers who had previously been at this other gate had started boarding our plane. Confused we watched what was our plane take off while we were still waiting.

    It was at this time everyone started to demand what was happening. It was then they informed us that the plane we were now given had a technical fault and it would'nt be until tomorrow before they could even fly another part from London. When questioned over swapping planes, they answered it was to T Cooks benefit that the Manchester passenger commandeerd our plane because of some knock on effect.

    We contacted T Cook several times who have dug their heels in saying our delay was due to a technical nature, which were extraordinary,

    I find I difficult to swallow about technical natures and such like, because the plane we had took off on time but to Manchester not Gatwick. Reason for our delay was T Cook denied us boarding our scheduled flight and bounced us to one they already new had a fault and a long delay.
  • batman44
    batman44 Posts: 545 Forumite
    TracyS wrote: »
    I have recently experienced a 24 hour flying from Toronto to Heathrow. This was during the recent bad weather due to the Polar Vortex.

    We were originally due to fly out at 11pm on a Monday, this was delayed to 1am, then 2am and then 12pm the next day, we spent the evening trying to sleep in the airport. The next day the flight again showed up as delayed to 1.30pm then 2.30pm and then showed as cancelled on the board. At customer services we were advised that we had been moved to a new flight leaving at 6.30pm with a new flight number. Again this flight was delayed to 10pm. We did eventually board this flight at 10pm and took off after 11pm as they were still loading our luggage. During all this time we were never given a reason to the delays. Also during all these delays the departure gate must have changed about 10 times.

    We were given 2 x $10 vouchers to use on food and drink. As a sandwich cost $10 this didn't get very far.

    Do you think I would be able to claim compensation or will this be classed as no fault of the airline?

    You can claim the airline should have given you you rights under reg 261/2004. read the faq on page 1, you should have had accomodation as well.
    Check out Vaubans Flight Delay Guide, you will be glad you did....:):):)
    Thomas Cook Claim - Settled Monarch Claim - Settled
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