Compensation for delayed flights Discussion Area

colemana87

Found the email from CAA -

"
Thank you for your patience with us while we investigated your complaint about the delay of flight MH3 on 6 November 2012. During our investigation we received information from Malaysia Airlines about the flight concerned, which we have considered in the light of EU guidelines on the “extraordinary circumstances” exception of EC 261/2004.

After considering all the evidence available to us, it is our view that the disruption of flight MH3 is of a type which means that the airline does not need to pay compensation. It appears from the documentation provided that there was a technical fault which means that, under these specific circumstances, the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the extraordinary circumstance, exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further on the compensation part of your claim. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. It is not legally binding and only relates to the flight concerned.

We understand that this may be disappointing for you. You do still have the option of going to county court but, in our opinion, we believe that the airline has a strong case not to pay compensation and, as such, it is for you to decide whether you wish to pursue this further. You can find information on how to take court action at

111KAB

colemana87 - unfortunately your CAA email is the exact reason why the CAA should, in the vast majority of cases, be avoided. Should you go to Court Malaysian now have a letter they can show to the judge which supports their stance however it has no legal standing whatsoever but will a district judge understand that - possibly.


Malaysian say "This was totally outside of Malaysia Airline’s control...." - well if it was who was controlling the plane? Next they will be saying flying it was out of their control!

colemana87

111KAB - thanks very much for your response.

Is there anything you would reccommend at all now - or is it a non-starter? Would my Travel Insurance pay anything?

Apologies if these seem like really daft questions, I have very limited knowledge of this kind of stuff!

IWantToBeFree_2

I think I am being really simple but I cannot find how to check if my flight from Feb 2013 was delayed, I clicked on the link in the article and I can't seem to find anywhere to find historic flight details.

Caz3121

IWantToBeFree wrote: »

I think I am being really simple but I cannot find how to check if my flight from Feb 2013 was delayed, I clicked on the link in the article and I can't seem to find anywhere to find historic flight details.

you need to register with flightstats and login, you can overtype the dates on the calendar

Scotti_2

Good afternoon,

We flew nearly 6 years ago to Mexico and were delayed somewhat. I've been in contact with Thomson as they've taken over first choice flights. Received quite a long email from them but a little segment was:

"The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago"

Is this right as I thought we should be able to claim back to 7 years?.

Thanks

Caz3121

Start with the FAQs on the Thomson thread then search on there for "two years" you will find this has been covered many many times

Angel.19

Just wanted to let everyone know that I have been successful in getting 4x $600 travel vouchers for myself, hubby and parents whose flight was cancelled overnight due to technical difficulties.
Thank you Martin for the excellent templates I used. Am currently awaiting an outcome for my PPI claim using your excellent templates also.

David_e

Angel.19 wrote: »

Just wanted to let everyone know that I have been successful in getting 4x $600 travel vouchers for myself, hubby and parents .

I'd personally have asked for the cash that the law entitles you too.

patriot

We today received from Virgin Atlantic two cheques for £498 each for a delayed flight from Orlando to Manchester in 2010 due to technical fault..thanks very much to this website. :rotfl: