Compensation for delayed flights Discussion Area

richardw

……………..Yes

Ich_2

Just for discussion!

So one of the judgements made it a requirement that at times of disruption put all their resources into play.

So lets look at two airlines A & B
A has a large fleet and is making profits year in and out
B has a medium fleet and has been operating at a loss for a number of years
Is it reasonable under the judgement to expect both airlines to have the same level of resource available to deal with disruption or should their expected response be in line with their financial position?

Then of course there are those often operating charter flights with only two or three aircraft

David_e

Ich wrote: »

Is it reasonable under the judgement to expect both airlines to have the same level of resource available to deal with disruption or should their expected response be in line with their financial position?

I suppose if you read the law literally, it's the latter as what constitutes an intolerable sacrifice is a function of what resources you have at your disposal. The counter argument is that the intention of the law is circumvented by allowing some airlines to escape liability. Arguably they are thereby enjoying a competitive advantage.

Ich_2

The counter argument is that the intention of the law is circumvented by allowing some airlines to escape liability. Arguably they are thereby enjoying a competitive advantage.

But surely an airline financially better able to deal with the incident has a competitive advantage over a less able one anyway

I don't think there is actually an issue with the law, just the interpretation of it found in some judgements and possibly the interpretations of those judgements!

It seems the EU & the Aviation Authorities have tried to clarify the situation only to be rubbished by some. Though the vote today in the EU parliament may change it all!

David_e

Ich wrote: »

But surely an airline financially better able to deal with the incident has a competitive advantage over a less able one anyway

Or have they just organised and managed their affairs better? A business should be run in a manner that enables it to comply with all applicable legislation!

Ich wrote: »

I don't think there is actually an issue with the law, just the interpretation of it found in some judgements and possibly the interpretations of those judgements!

The issue is precisely the law (statute and case), is it not? If the law said compensation is due in all (non-EC) cases, that would be it. However, it doesn't; there is a requirement to make a subjective judgement as to what is and isn't tolerable to the airline in question.

lunk123_2

In 2011due to fly with Thomsons from Doncaster to Barbados.got on plane and it developed a fault with the hydraulics on the landing legs.eventually we got of the plane and were bussed down to Gatwick.the plane flew down to Gatwick for repairs and we boarded the same plane 12hours later.Thomsons say we are not due to compensation so sent it to the CAA and they sent the claim back to Thomsons for reassessment.thinking of going to small claims court.am I daft or what

Ich_2

However, it doesn't; there is a requirement to make a subjective judgement as to what is and isn't tolerable to the airline in question

Absolutely my point, but I see little sign of that actually occurring!

David_e

lunk123 wrote: »

.am I daft or what

Sorry, no idea.

JPears

My pennies worth - airline have had over 8 years to organise their business model to incorporate/accomadate reg 261/2004. They should think themsleves lucky that no time frame was st by the EU.
AND each airline has the choice - change your business/operational model to reduce or mitigate the massive inconvenience caused to passengers on a regualr basis, or pay the penalty.
Very few EU or other regulations offer that choice. I certainly don't have that luxury in my profession.

ALANWC1981

Vauban wrote: »

The FAQs is a good place to start, but really this isn't very complex. Just write to customer services with details of flight (and booking ref if poss) explaining that you were involuntarily denied boarding, and believe you are therefore due compensation under Regulation 262/04.

There's no "extraordinary circumstances" defence for IDB so you shouldn't have a problem.

Let us know how you get on.

Right all ready to go, now in my letter to them shall i put my partners name aswell, and in all the copys i send would you recomend i send copys of the alternitive flight tickets or just the original info?