Compensation for delayed flights Discussion Area

Wendall_2

I have good news:)

My BA flight was cancelled out of Edinburgh, leading to a subsequent 18 hour delay. I checked out the MSE website & wrote to BA asking for compensation - they refused with no stated reason. I sought advice from this forum & wrote again threatening legal action - again a woolly refusal.

I decided to write one last time before proceeding to small claims & sent my letter directly to their legal department, also asking them to respond to me in writing & not via email.

I received an email(!) yesterday stating they were giving me 240 euros compensation:T

The power of the pen...keep at it everyone. Thanks cityboy - you should be charging commission!

PeteG1

I wrote to Monarch 2 weeks ago regarding compensation for a delay of 26 hours on a flight from Manchester to Turkey (it was MON3506 on Sept 18th, which was the follow on flight to MON032 from Sanford).

I used the form letter that was laid out in an earlier post claiming €400 per passenger plus £208 out of pocket expenses (meals, drinks, taxis). Monarch customer services responded saying that they would pay back £143 and a checque would follow within 2 weeks. This was for cost of taxis plus £20 per person for evening meal and breakfast (there were 4 of us). They stated that compensation for delays was not payable under EU law.

I am intend to write back to them saying something along the following lines...

"Thank you for you repsonse of the 18th. I reject your partial offer of my claim for expenses and request that you refund in full the amount I have submitted receipts for. As stated in my original letter (copy attached) these are out of pocket expenses incurred as a result of your failure to depart the aircraft on time.

I furthermore remind you that the EU directive EC 261/2004 states that compensation is due for both delays and cancellations. The directive was clarified by the European Court of Justice in November 2009 in the case of Sturgeon v Condor and in December 2008 in the Wallentin-Hermann v Alitalia judgement.

I therefore request that you return a cheque for my out of pocket expenses for £208.86 and a cheque for £1395.18 (euro 1600) in respect of Article 7 compensation."



Is there anything else I should include at this point? Would I be better addressing the letter to Monarch's legal department? Or should I simply go straight to my insurance company's legal department.


On the latter point we are with the Co-op for home insurance, so I have contacted them, and they said they would be prepared to assist, subject to 2 conditions, namely that I did all I could to get Monarch to pay up, and secondly that the claim be for at least £100.

My only concern is that I have written to monarch on behalf on my wife and I and another couple who we booked the holiday with. So I am not sure if they would be prepared to take up the case as for the 4 of us, or just me and my wife.

richardw

Pedant on

btw EC 261/2004 is a Regulation not a directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

Pedant off

bramblehurst

Hello,

My family and I were travelling back from Newark in September with Virgin. Once on the flight, we were kept waiting for three hours due to a technical fault, and then finally off loaded. We were offered one croissant and a glass of water on the plane but nothing else.
In the terminal, no one gave any info to us, except to get on a coach which would take us to the hotel. Unfortunatly, there was a mix up between the driver and hotel and we were taken to the wrong hotel. Virgin would not pay for this hotel and we were kept waiting in the hotel reception until a bus could be sent to collect us. This bus never came and somewhat 9 hours after the original flight time a meal accomodation voucher was finally received at the hotel reception which agreed to pay for the hotel we were waiting in.
This voucher stated that the reason for accomodation was flight canx. I have a copyof this voucher. I have written to virgin to complain and request 600 euros per pax compensation for the canx flight, however they state the flight operated the next day and was therefore not cancelled but delayed. They are offering only 12500 miles for our long wait in the hotel and a total of 26 hours wait for the flight. This is infact the same as all the other passengers got, and does not take into account the delay and inconvienience at the hotel.

Virgin, will not offer anyfurther compensation, can i pursue this through the courts? thanks

bramblehurst

hello Cityboy,

The original flight was vs018 from newark to heathrow on the 5th of sept, 8am. We were then put onto flight vs118 on the 6th of sept at 10am.

As mentioned, I have a meal/accom voucher stating the original flight was cancelled. There was a different crew and also some 50 new passengers who missed their connection from earlier were also on our plane.

The whole of upper was empty, so the pax from the previous day must have travelled, and as mentioned there was a group of 50 who were also on our flight, so some 50 econ pax also managed to get other flights. Virgin, say the wording was incorrect on the voucher.
thx

bramblehurst

thanks, we will register the claim for the delay then. should we submit the paperwork in the small claims courts now or wait for the ruling. thanks again

nwolsten

Hi guys

I've now issued a claim against Easyjet for a previous cancellation and the latest in the claim history is:
Easyjet Airline Company Ltd issued an acknowledgment of service on 13/10/2010


I know this gives them 28 days to reply from here, however is it 28 working days or literally 28 days counting the thirteenth as day one?

many thanks

Neil

richardw

I think it is calendar days, about day 20 you might get an e mail from easyJet offering a gesture of goodwill settlement that may be much less than your claim.
Did you submit your claim through Money Claim on line?

ronster1

Hi there

A quick question. Having exhausted other channels, I wish to initiate small claims action against Ryanair for non-reimbursement of expenses incurred due to a delayed flight. As they are in Ireland and I am from England, do I proceed through English or Irish courts?

Cheers

nwolsten

Hi Richardw

yes I did, I currently have two on the go, one for crew out of hours and another for an inbound aircraft going technical and being cancelled.

I'll report back as things progress