Compensation for delayed flights Discussion Area

patricia50

richardw wrote: »

Nope, the ash cloud is definitely 'extraordinary circumstances' so no compensation due.[/QUO.

I just found the info but thanks for that:)

mikeryt1

Mark2spark wrote: »

On the face of it, you have a rock steady claim for the compensation you originally claimed for. A tech issue on a previous flight isn't an EC.
Neither have the *European Commission* issued guidelines (the NEB's have) but they are not the law.
Repairing a fault with an aircraft *is* inherent in an airlines day to day duties, it's laughable to claim it's not.
If the deep fat fryer breaks down in the local chip shop, who repairs it? The chip shop owner of course...
Who repairs your car when it breaks down?
I could go on. You get the picture.
Start court action, or go NWNF firm, or walk away, is the three choices you now have. No point in further letter writing, except to tell them their explanation is unacceptable and that you're going to start court action unless they reconsider, with a deadline of 14 or 21 days.

Thanks so much, ill pursue it further, i just wanted someone else to verify what i thought. However the follow up advice is very appreciated. xx

kenny_c

hi,
my flight got delayed by 29 hrs in total with Air France/KLM/Delta group, so i sent off a complaint asking for compensation, they reply with £300 each travel voucher, i rejected this, stated that we should be entitled to 600 euros compensation and got this reply:


Dear ???


Thank you for your messages regarding the delay to your flight AF3629/DL400 on 21st February 2014 and, from the outset, please accept my apologies for the unintentional belated reply.


Following your request for compensation according the EU regulation 261/04, I have carefully reviewed your case and I am sorry to inform you that you and Ms ???? are not entitled to it in this particular occasion.


Article 5.3 (applicable also in case of delays) states that the ‘operating air carrier shall not be obliged to pay compensation (…) if they can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.’


In your specific case, the delay was caused by congestion at New York JFK airport, which meant the aircraft could not be assigned a departure gate on schedule, an occurrence that is outside the airline control.


I acknowledge the fact that you will not be able to use within the year the travel vouchers we issued for you, and I would like to take this opportunity to inform you that our vouchers are transferrable, meaning you can give them to a third party for their future travels.


Thank you for allowing us this opportunity to explain our position in this matter.


Yours sincerely,
E. Vergani


Do i have any case to take this further to get full compensation which i believe i am entitled to? i have just sent off normal emails via there website to them.


Thanks

David_e

kenny_c wrote: »

Do i have any case to take this further to get full compensation which i believe i am entitled to?

If you post on and read the relevant airline thread and read the FAQs, you'll find the answer. You say you believe you are entitled so you are familiar with the law and how it applies. How to pursue a claim is covered in detail alread on the forum.

Caz3121

kenny_c wrote: »

Do i have any case to take this further to get full compensation which i believe i am entitled to? i have just sent off normal emails via there website to them.

Is that flight not operated by Delta?
If so then EU compensation does not apply as the flight was from outside the EU on a non-EU airline

yyiryyib

just got £500 from BA for a delay back in 2012! Took them a while but they paid up

Tim_Wilkie

I booked 6 seats on SATA (Azores airline) for their flight from Funchal to Porto Santo. The aircraft took off early..! We all missed our flight. Wes aw it take off. They refused any help. After two years of hassle they finally gave us 6 vouchers for the same route. Then they canceled operating that route. Few days later..! I did it in the web, on the UK with a UK Visa card. How can I take them to Court in the UK?

gmar96

Hi all,

I had a bit of a humbling experience sometime back over on TripA and finally got courage to post again. However here I am.

Could I ask for your help as I am having trouble. I am sure you guys are aware of this too and it is probably on here somewhere.

If not the below article might be interesting. I know it applies to our situation as Qatar obviously is a non-eu carrier. It effectively means that that particular judge would have found for Qatar as a non-eu carrier in respect of the delay arriving into Cebu. However our flight was delayed in Manchester 3hrs 30mins arriving into Doha 3hrs 17mins later than scheduled so all may not be lost. It would mean the connecting flight and resultant delay to Final Destination is ignored. It would be a bit of a blow to lose half our compensation if we were successful. I say if because I genuinely have no clue what Qatar are going to present as the reason for 'needing to replace an aircraft part' and if it will be considered extraordinary.

There's also the wait for Dawson and Huzar appeals so could be a while before anything is decided.

See the below article for what I'm prattling on about...

http://www.dlapipercentralcms.com/export/system/central-cms/publications/files/2013/regulatory-and-government-affairs/Missed_flight_connections_outside_the_EU.pdf

What do you think? Should I be prepared for this coming up, is there a way to be prepared or do I simply present our case as is? I think it is very likely that we could lose on this technicality. At least in terms of the judge considering our delay as Doha (3hrs+) (3hrs 17mins) as opposed to Cebu (4hrs+) (22hrs) being the final destination.

Thanks in advance,

Gary

David_e

Tim_Wilkie wrote: »

How can I take them to Court in the UK?

I suspect you can't but if you use the huge resource that is the FAQs you will find a definitive answer.

Vauban

David_e wrote: »

I suspect you can't but if you use the huge resource that is the FAQs you will find a definitive answer.

European Small Claims Procedure?