Compensation for delayed flights Discussion Area

gmar96

Hi,

I was afraid that might be the case (lawyer up) and I am loathe to for obvious reasons.

They initially said the delay in Manchester was 'extraordinary circumstances' due to the need to replace an aircraft part.

Seems to imply that for some extraordinary reason the part was misplaced... malfunctioned. Perhaps a bird flew into it. I dunno.. after 3 years and seven months of letters, emails and telephone calls to Air Transport Users Council (AUC)... then CAA and of course the non-compliant Airline I am no closer to WHY??? The part failed.

I was quite amazed at the final response from the CAA. As I say when I called them I was told the email would help. It appears to indicate nothing to me.

Thanks for the replies

G

Vauban

Don't instruct a normal lawyer, as your costs will not be recoverable - even if you win! NWNF is the way to go, if you don't want to represent yourself.

gmar96

Hi,

Just wondering am I on the right track? This

http://curia.europa.eu/juris/celex.jsf?celex=62007CJ0549&lang1=en&type=NOT&ancre=

FAQ's Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms


23. Although the Community legislature included in that list ‘unexpected flight safety shortcomings’ and although a technical problem in an aircraft may be amongst such shortcomings, the fact remains that the circumstances surrounding such an event can be characterised as ‘extraordinary’ within the meaning of Article 5(3) of Regulation No 261/2004 only if they relate to an event which, like those listed in recital 14 in the preamble to that regulation, is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin.

I think this is going to be the crucial point in any proceedings. How am I, or better still how is my wife, supposed to defend against that which we do not understand?

The most I have got from Qatar (admittedly more than CAA could advise) was

Delay was due to a passenger safety issue, which required the replacement of an aircraft part and therefore...ExC's EC261 applies... Our customer relations head office in Doha regret to advise your claim aint applicable... so go away

I am trying to decide what is best course of action, am I not too late to get the NWNF guys in? We are at the point of dispute lodged by Qatar after all?

Thanks for reading

G

Vauban

gmar96 wrote: »

I am trying to decide what is best course of action, am I not too late to get the NWNF guys in? We are at the point of dispute lodged by Qatar after all?

Not at all - plenty of folk only engage a NWNF lawyer once the airline has said no. There are a number of such outfits - some are much better than others. PM me if you want a recommendation.

richardw

There's http://www.bottonline.co.uk/aviation/flight-compensation-claims-form

Vauban

richardw wrote: »

There's http://www.bottonline.co.uk/aviation/flight-compensation-claims-form

Oh, you are so less coy than I am, Richard!

That's who I would recommend too.

s87

Hello

I am new hear so bare with me!

I have taken a lot of interest in this thread as I had flight delayed by 5hours but i wanted to build up confidence before i went in for a claim.
I took a flight from BHX bham to Dalaman Airport turkey, not sure how this fits in with EU regulations or not? flew with Thomas Cook, can i make a claim? any information would be grateful

thanks in advance

Vauban

s87 wrote: »

Hello

I am new hear so bare with me!

I have taken a lot of interest in this thread as I had flight delayed by 5hours but i wanted to build up confidence before i went in for a claim.
I took a flight from BHX bham to Dalaman Airport turkey, not sure how this fits in with EU regulations or not? flew with Thomas Cook, can i make a claim? any information would be grateful

thanks in advance

You need to read the FAQs, which will confirm you potentially have a claim.

Caz3121

s87 wrote: »

Hello

I am new hear so bare with me!

I have taken a lot of interest in this thread as I had flight delayed by 5hours but i wanted to build up confidence before i went in for a claim.
I took a flight from BHX bham to Dalaman Airport turkey, not sure how this fits in with EU regulations or not? flew with Thomas Cook, can i make a claim? any information would be grateful

thanks in advance

The Thomas Cook thread is here https://forums.moneysavingexpert.com/discussion/4384693 and the FAQs are post #2

snoodle_2

Hi everyone... just a quick question, but I probably know the answer :-(
me and my partner travelled to Egypt a few years ago and were delayed by 2 days because of a faulty plane.. the BIG problem is - we flew with Excel airways.. who went into receivership shortly after... can we claim anything under this compensation link????? :-/ .. thanks