Compensation for delayed flights Discussion Area

razorsedge

111KAB wrote: »

With thanks to the Monarch Complaints Facebook Page I attach a link to the CAA letter of 20.12.2013 to a Midlands MEP.


As I have been invited to respond any brief comments either on this forum or fb page appreciated.


Swear words will be deleted!


https://www.facebook.com/MonarchComplaints/posts/227051564145142

Third page of the letter, third paragraph.....
'ultimately, only the courts can decide definitively on the correct interpretation of the extraordinary circumstances exemption,'

More ammunition for your bundle to rebutt the NEB wishlist.

Vauban

The letter is dreadful. I endorse the points others have made.

I would only add:

1) It is nonsense to claim that the law does not define extraordinary circumstances - Wallentin gives a perfectly comprehendable test. And if, as Razor notes, the CAA think that they cannot offer a view, then what is the basis of their NEB list? (And who introduced, and with what justification, the concept of "foreseeability" of the technical fault as a determinant of ECs? That is not the criteria at all - that is just arbitrary pap which favours the airlines: most faults by definition are unpredictable, or else they wouldn't happen!)

2) The CAA say that they will not hesitate to take action against airlines flouting the regulation. Yet on a range of issues - from the 2 year point to infant compensation - the CAA conclude merely that "they take a different view from the airline", and do not pursue. If they take enforcement seriously, how many airlines have been brought to book. I bet I can count that on the fingers of no hands!

steve1500

Just a thought for the moderarors of this board.

Can you put up in BIG FLASHING LIGHTS Please use the correct Airline thread as Centipede, Vaubaun KAb JPears et al must be wearing their fingers out, saying use the correct thread, since Martins tv appearance last week telling people they can claim 400 + euros and wheeling out a few people who got their money, without a fight.

9 times out of 10 you have to do quite a bit of work to get your 400 euros.

All I could remember was that we were delayed over 3 hours. I couldn't even remember the dates initially

I wrote my first letter back April 2013 for a delay from Manchester to Dalaman in 2009.


In August I started proceedings through MCOL. November Allocated a date at local court. December 2013, despite the Huzar appeal they decided to settle. January 2014 money in the bank

As I have previously mentioned I never did find out the reason for the delay

stevesmoothie

Hi Folks,

First time poster, long time reader.

Last weekend I was due to fly from Salzburg, Austria to Birmingham, UK at 18.25pm. Several flight into Salzburg had been diverted to Munich earlier that day due to fog in Salzburg including the incoming flight which was due to take me back to UK.

The airline (FlyBe) knew this from the time we checked in but did not provide any information and kept us all waiting in departures for over 4 hours before telling us our flight was cancelled and we had to stay overnight.

I believe that given that other flights were departing they did not take reasonable measures to avoid further disruption by either bussing us to Munich (only 2 hours away) or by bringing the plane to Salzburg. They did not arrange another flight for us until 17.40 the following day which is over 23hours from the original flight.

Given that the delay was because of fog does anyone think I've got a hope in hell of being able to claim?

Thanks!

Steve

Vauban

stevesmoothie wrote: »

Hi Folks,

First time poster, long time reader.

Last weekend I was due to fly from Salzburg, Austria to Birmingham, UK at 18.25pm. Several flight into Salzburg had been diverted to Munich earlier that day due to fog in Salzburg including the incoming flight which was due to take me back to UK.

The airline (FlyBe) knew this from the time we checked in but did not provide any information and kept us all waiting in departures for over 4 hours before telling us our flight was cancelled and we had to stay overnight.

I believe that given that other flights were departing they did not take reasonable measures to avoid further disruption by either bussing us to Munich (only 2 hours away) or by bringing the plane to Salzburg. They did not arrange another flight for us until 17.40 the following day which is over 23hours from the original flight.

Given that the delay was because of fog does anyone think I've got a hope in hell of being able to claim?

Thanks!

Steve

I think so Steve, provided that you major on the "all reasonable measures point" (the Wallentin Third Question). You need to establish when the fog cleared. 23 hours is a long wait indeed - and a reroute to Munich (plus bus) seems an entirely reasonable alternative.

stevesmoothie

That's brilliant Vauban, I'll give it a go and let you know how I get on.

Tyzap

stevesmoothie wrote: »

I believe that given that other flights were departing

I wouldn't get unduly worried about this point as you were waiting for your flight to arrive, not depart.

It does not follow that because an aircraft can depart in fog it can also land in the same conditions.

TomUK

Last May (2013) we were delayed at Faro Airport flying with Jet2. I sent in my claim using the template letter providing full details (booking ref. dates, flight numbers, etc. I even sent a copy of the A4 sheet they gave us at the airport saying the four and half hour delay was caused by "operational problems with your aircraft". I received a letter back asking for Booking Confirmation or Boarding Passes. Fortunately I had these and sent them copies. Just got a second letter back. It says: No compensation due because of "Extraordinary Circumstances". These are explained as "an unexpected flight safety shortcoming". No idea what this means, but is the claim worth pursuing?

Vauban

TomUK wrote: »

No compensation due because of "Extraordinary Circumstances". These are explained as "an unexpected flight safety shortcoming". No idea what this means, but is the claim worth pursuing?

Have a read of the Jet2.com thread, including the FAQs on page one. Only you can decide whether the claim is worth chasing, but the posts on that thread should give you a good feel for the issues.

JEMAJO

Hi was wondering if any member could help me. Following all the advice on here I used template letter to Thomas Cook for a flight I was delayed over 24 hours from Goa to Manchester, they then cited extraordinary circumstances . I then followed the guide and complained to CAA. After 10 months the CAA issued their findings yesterday and was in our favour, they have advised Thomas Cook to pay us compensation but they are refusing. What are the chances of taking them to Court now. Not sure which way to turn now. Thanks in advance.