Compensation for delayed flights Discussion Area

Vauban

welshmike wrote: »

Our delays were of course a long time ago but what compensation do forum members think we should be entitled to please?

If by entitled you mean legally entitled (which I guess is all that counts!) then I am afraid you are out of time. Your ability to bring a legal case fell away 6 years after the delay - so the airline can (and will) comfortably ignore you.

welshmike_2

So the statement in Helen Knapman's article stating "Up to £480/person, back to 2005" may be misleading?

Vauban

It's not only misleading; it is utter rubbish.

Helen writes:

You can apply for compensation for any past delays, stretching back as far as February 2005.

Yet in England, Wales and Northern Ireland, due to the statute of limitations, if you need to take the airline to court to get the cash (not too common, don't be unduly worried) then you can only go back six years. In Scotland, it's five years. So older claims can be tricky.

I have to say that I am unaware of anyone who has had success for a claim beyond 6 years. Or why MSE pretends they have a chance.

welshmike_2

Quoting from Helen's article
"It means that currently the law is clear – if you've been delayed at any time since 2005, you have a right to compensation under EU rules."
and
"On 19 June 2014, the Court of Appeal agreed with a County Court hearing that the time limit for bringing a claim for compensation must be determined in accordance with the laws of each individual country. It confirmed that in England and Wales, this means six years. So this is now the law."

Nice one Helen

So that's the law and possibly a rare situation of the law in England and Wales overruling EU law.
If it is to your disadvantage in this case the law in England and Wales applies. :mad:

So the kite I was flying has crashed [IMG]http://data:image/jpeg;base64,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[/IMG]

bylromarha

Sorry - can't find a clear answer using the search facility.

Flew LHR - BKK, via Bahrain 1st August. Booked on same ticket with Gulf Air. LHR-BAH, all fine and on time. BAH-BKK delayed by 11 hours. Gulf Air put us up in a hotel overnight in Bahrain and fed and watered us, but should I claim as it was a second leg of the flight, not flying out of Europe, even though the first leg was. Is it the overall flight that gives you the right to claim?

Thanks

maxhead

We were delayed by 27 hours then had to pay for a different airline to get us home.

Thomas Cook have informed us today that "
We have carried out an investigation as to the cause of delay that you experienced and can confirm that this was due to a technical fault which was not inherent in the normal course of activity. A recent court case, Huzar vs Jet2, has been heard in the court of appeal, which has resulted in a change to how EC 261/2004 is interpreted, which is the regulation that supports governance on compensation payments for flight delays. The decision of this case is due to be appealed at the Supreme Court by Jet2.com in the near future, which may result in a further change to the interpretation of regulations.


In view of this, Thomas Cook will be deferring a review of your case until such time as further clarification is received on the EC 261/2004 Regulations . We will continue to monitor any developments, and we will ensure an updated message is posted on our website with regard to our revised position following the outcome of the appeal. You will be required to re-approach us once the appeal has been heard and your case will then be reviewed against the appropriate guidelines."

They have offered us (2 adults and 1 child) £43 each for the cost of the replacement flight. We paid £801.00!!!

Caz3121

maxhead wrote: »

We were delayed by 27 hours then had to pay for a different airline to get us home.

Thomas Cook thread is here https://forums.moneysavingexpert.com/discussion/4384693

have a good read there and this guide https://forums.moneysavingexpert.com/discussion/5042802

martyncartwright

My family were delayed for nearly 24 hours on Thomson's flight TOM2268 from Manchester to Zante on Tuesday 13th May 2014.

After several letter with Thomsons they have said they are not entering into any further correspondence from me and are blaming the delay on a cracked windscreen.

Was anyone else on that flight who is trying to claim compensation from Thomsons? If so, how are you progressing with your claim.

I have contacted the CAA and am awaiting their reply.

Vauban

martyncartwright wrote: »

My family were delayed for nearly 24 hours on Thomson's flight TOM2268 from Manchester to Zante on Tuesday 13th May 2014.

After several letter with Thomsons they have said they are not entering into any further correspondence from me and are blaming the delay on a cracked windscreen.

Was anyone else on that flight who is trying to claim compensation from Thomsons? If so, how are you progressing with your claim.

I have contacted the CAA and am awaiting their reply.

I was delayed by a cracked windscreen, with my Monarch flight in 2012. Cracked windscreens are technical faults, not extraordinary circumstances.

You'll be wasting your time with the CAA, as most people on this forum have learned (some even to their cost). You're better off reading this instead:

http://db.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

Xj797433

I am making a claim via credit card company for a globespan delay in august 2008. Newcastle to faro diverted to Asturias due to technical fault. Claim in progress with Tesco bank credit card