Compensation for delayed flights Discussion Area

waveyjane

I've claimed £453.01 compensation for a British Airways flight that didn't let me on. They said they wanted to pay with eVouchers (which have lots of conditions attached). I refused and told them to give me a cheque. They then said:

"... the amount of compensation we offer our passengers is a set limit (in line with other airlines). If you do not wish to accept the eVoucher, the set limit for cash compensation is 400.00 EUR, which is equivalent to 331.59 GBP. "

So I'm taking them to court. The legislation is clear on this - I must explicitly agree to payment by voucher:

Article 7 ("Right to compensation"), paragraph 3 of Regulation (EC) No 261/2004: "The compensation ... shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services."

They have until next Monday to respond before I start proceedings. So, let's see what happens!

PS: It would be nice if the MSE article on this mentioned the actual wording to quote at the travel companies. I got the above from here:

http://www.airpassengerrights.eu/en/flight-delay.html

Caz3121

waveyjane wrote: »

I've claimed £453.01 compensation for a British Airways flight that didn't let me on. They said they wanted to pay with eVouchers (which have lots of conditions attached). I refused and told them to give me a cheque. They then said:

"... the amount of compensation we offer our passengers is a set limit (in line with other airlines). If you do not wish to accept the eVoucher, the set limit for cash compensation is 400.00 EUR, which is equivalent to 331.59 GBP. "

So I'm taking them to court. The legislation is clear on this - I must explicitly agree to payment by voucher:

Article 7 ("Right to compensation"), paragraph 3 of Regulation (EC) No 261/2004: "The compensation ... shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services."

They have until next Monday to respond before I start proceedings. So, let's see what happens!

PS: It would be nice if the MSE article on this mentioned the actual wording to quote at the travel companies. I got the above from here:

http://www.airpassengerrights.eu/en/flight-delay.html

I am a little confused by your post but am assuming it is denied boarding and from the BA response this affects a flight within the EU of greater than 1500 km in distance, or any other flight of greater than 1500 km but less than 3500 km in distance which has a compensation payout of €400

If this is correct I am not sure where you got your £453.01 (€540) from and why, if they have offered you €400 in cash are you having to go to court? (if this is the correct amount for the flight, I would expect a judge to throw your case out and you have to bear the costs)

Some firms will offer more in vouchers than the cash equivalent but as you say you are entitled to the cash however you cannot insist they give you more in cash than the set compensation amount

kirstie27488

Hi Everyone,


I was delayed going to new York for 8 hours from Manchester due to a fault on the plane. I was then delayed 6 hours coming home, again due to a fault on the plane.


I wrote to Continental Airlines but they said I am not entitled to anything....can someone tell me if I am and what I should do now?


Thanks

Caz3121

kirstie27488 wrote: »

Hi Everyone,


I was delayed going to new York for 8 hours from Manchester due to a fault on the plane. I was then delayed 6 hours coming home, again due to a fault on the plane.


I wrote to Continental Airlines but they said I am not entitled to anything....can someone tell me if I am and what I should do now?


Thanks

start with the FAQs here https://forums.moneysavingexpert.com/discussion/4445417
Continental are not an EU airline so compensation for the return flight is not valid as the flight did not depart from the EU
once you have read the FAQs you can work out whether you have a valid claim for the outbound and what steps you want to take

I notice you posted last year about how to try and find the flight number. Not sure if you got it but CO21 on the 11th Dec 11 shows as delayed 346 minutes - MAN to EWR (not JFK)

DAWN

Hi I would welcome some advice please. Delayed 24 hours and 29 minutes. Claimed on Martins template letter to Thomson.Friends we met whilst away telephoned and they were told the delay was due to a truck hitting the plane and causing damage. Thomson say this is extraudinary circumstances so we have no claim. However my letter states there was an unexpected technical problem with another aircraft just prior to departure and the pilot thought it needed further investigation. Do you think we still have a claim? Thanks guys

David_e

DAWN wrote: »

Do you think we still have a claim?

It's all in the FAQs. Turning the question round, what leads you to believe you don't?

Ciafra

Hi All


I booked a package holiday through Thomas Cook to go to Tenerife. The flight was from Manchester airport and was delayed for over 3 hours. I have made a claim using the template to Thomas Cook who have advised that as the flight was provided by Easyjet my claim is with them. I then claimed to Easyjet who have responded by saying that I need to complain to Thomas Cook.


Can someone advise who this should be directed to and where can I find the information that would back this up?


Thanks in Advance

David_e

Ciafra wrote: »

Can someone advise who this should be directed to and where can I find the information that would back this up?

Have a read of the FAQs. The clue's in the fact that it's "flight" delay so if it said EJ on the side of the plane, then I would say it's down to them.

waveyjane

Caz3121 wrote: »

I am a little confused by your post but am assuming it is denied boarding and from the BA response this affects a flight within the EU of greater than 1500 km in distance, or any other flight of greater than 1500 km but less than 3500 km in distance which has a compensation payout of €400

If this is correct I am not sure where you got your £453.01 (€540) from and why, if they have offered you €400 in cash are you having to go to court? (if this is the correct amount for the flight, I would expect a judge to throw your case out and you have to bear the costs)

It was a flight from London to Tokyo on BA which I had to get two days later. Compensation is set for that at €600 (£500). They've offered me €540 in vouchers, or €400 in cash. Not only is this less than the compensation set by the legislation, I also don't have to accept the vouchers. I've set a time limit by when they need to give me the full amount of cash.

Sorry for the confusion.

legal_magpie

David_e wrote: »

Have a read of the FAQs. The clue's in the fact that it's "flight" delay so if it said EJ on the side of the plane, then I would say it's down to them.

Agreed but if you want some fun, send each of them copy of each other's letter and say that unless you sort out between you who is liable I will sue you both and you can slog it out in front of the judge