Compensation for delayed flights Discussion Area

richardw

Please re post in the TC thread.

chaz_j

Hi everyone, new to this forum but need to ask question. myself and my family were delayed for 5-6 hours back in august 2005. we were flying to sharm el sheik, but i cannot find the flight that was delayed and at the moment cannot find the date we flew, how much proof do i need to find and does anyone think i qualify for compensation. thanks. Chaz

111KAB

chaz_j wrote: »

how much proof do i need to find and does anyone think i qualify for compensation. thanks. Chaz

No out of time as explained in FAQ's.

crazyhaze

Hi there.

I've been pursuing a claim for compensation for a cancelled flight in 2009 from Air Canada. They initially rejected my claim in April 2013, then I referred it to the CAA who have recently referred it back to Air Canada for reconsideration.

I received an email from Air Canada today offering me a goodwill gesture of 600EUR in full (half my claim which was for two passengers) upon them receiving evidence that I've retracted my claim from CAA...

The question is do I roll over and take the offer, or continue to fight my corner... what do you think?

To be honest I'm surprised I even got a reply from Air Canada so very tempted to take the money and run :-)

David_e

crazyhaze wrote: »

Hi there.

I've been pursuing a claim for compensation for a cancelled flight in 2009 from Air Canada. They initially rejected my claim in April 2013, then I referred it to the CAA who have recently referred it back to Air Canada for reconsideration.

I received an email from Air Canada today offering me a goodwill gesture of 600EUR in full (half my claim which was for two passengers) upon them receiving evidence that I've retracted my claim from CAA...

The question is do I roll over and take the offer, or continue to fight my corner... what do you think?

To be honest I'm surprised I even got a reply from Air Canada so very tempted to take the money and run :-)

The FAQs will give you your answer.

gmar96

ANY ADVICE WELCOME

Hi Centipede100 and all,

my wife V Qatar airways...2010 12/July Belfast to Cebu (connect Manchester and Doha) delay 3 hrs 17 minutes in Manchester meant missed connection to Cebu from Doha meant over 12 hours late arrival at final destination Cebu.

Is it normal that an airline will lodge Notice of Dispute? They have replied in the last minute with this notice. So no default decree.

I assume they believe that they have a case and the only defense I can think of is 'extraordinary circumstances'. Replacement of an aircraft part was cited as the reason. Or as Qatar are disagreeing with the CAA
The facts that need to be established.

Were my wife and son delayed? email and photocopy of letter from Qatar acknowledging same.

Was the ticket a single reservation for the complete journey from BHD to Cebu via Manchester and Doha? It was and the e-ticket proves that.

Did the CAA investigate thoroughly and come to a conclusion? This is difficult to establish with the email that they sent me on 5/12/2013 which states that they disagree with Qatar Airways on a point of law i.e. could not take me any further in relation to compensation. However when I phoned them they explained that Qatar are required to give them the info. and the info. supplied means they cannot find in Qatar's favour;but as they are not an Ombudsman they cannot do anything about this/ compel Qatar to pay up so to speak. They state the 5/12/2013 email would be favourable in the court.

I do not have boarding cards to show but the e-ticket and also an email from a member of Qatar workforce based in Cebu stating that my wife and son had checked in to the plane at Manila on 14/07/2010 proves they were certainly not at their final destination as stated on original booking by 13/07/2013. The original schedule was direct to Cebu but missed connection in Doha so overnight stay then on to Manila

I'm beginning to think we need a lawyer. If it is intended to panic us then it's kind of working.

Thanks

G

richardw

gmar96, how long was the delay at Doha?

gmar96

Hi RichardW, there was no delay at Doha, it was a missed connection.

The scheduled flight from Manchester left 3 hours 30 minutes late and arrived 3 hours 17 minutes late. Therefore the connection from Doha to Cebu was missed.

Resulted in an overnight stay and onwards to Manila the next day (which was also delayed due to weather) Then connection to Cebu. The flight was very late as a result more than 12 hours, regardless of weather it would have arrived beyond 4 hours late. I have been advised that it is the arrival at final destination which matters in terms of applicable compensation.

Qatar have also refuted the amount and say it is only 300 euros/ pax.

The other issue I can see arising is if they insist it is 'extraordinary circumstances' and what the judge makes of it.

I certainly am no better informed by the CAA who had stated they would have a view as to whether or not the circumstances could fall under the banner extraordinary... see their final email which does not help me at all. When I called CAA about it they said the email would be helpful in court and that they COULD NOT decide in favour of the airline.

None the wiser after waiting more than a year...

EMAIL CAA

RE: Qatar Airways

Thank you for your patience with us while we investigated your complaint about the delay of flight QR046 on 12 July 2010.

From the information given it appears that you missed a connecting flight due to disruption to your first flight. In our view, missed connections outside the European Union on a non-EU airline are within the scope of EC261/2004 (the European Union law on delayed and cancelled flights) and could give rise to compensation, depending on the circumstances which led to the disruption. Qatar Airways takes a different view that missed connections outside of the European Union on a non-EU airline are not covered by EC261/2004.

Due to the difference of opinion between the airline and us on the interpretation of the law, we are unable to take your case any further on the compensation part of your claim. We will now close your file.

I understand that this may be disappointing for you. You do still have the option of going to court. If you wish to pursue this further, you can find information on how to take court action at https://www.gov.uk/make-court-claim-for-money/overview.

We are unable to enter into further correspondence on this issue, but if you have further comments on your case, you may wish to look at our code of practice for complaint handling, available at:
https://www.caa.co.uk/default.aspx?catid=2211&pageid=14097

Yours sincerely


Paola Accardo
Consumer Affairs Officer
Markets and Consumers Group
Civil Aviation Authority
CAA House, 45-59 Kingsway, London WC2B 6TE

richardw

Clarification there that the CAA appear to be a bit useless.

Vauban

So the CAA not only side-stepped the issue of missed connections (except saying they thought it was covered under the Regulation) but offered no view on why the flight from Manchester was delayed? They really are a useless crock of crocks ...

So your wife either starts a court action or lets it drop - but why was the Manchester flight delayed? Doesn't seems to be weather related, looking at the other flights that evening.

If you/she wants to take it further, instruct a NWNF lawyer or start reading the FAQs to do it yourself (a lot of work).