Compensation for delayed flights Discussion Area

wrinkletoes

On 8/9/14 our claim for compensation for a 25hr delay from Orlando flying with Virgin Atlantic was dismissed in the Small Claims Court. The reason for our delay was the pilot reported sick pre flight. Virgin denied our compensation claim siting 'extraordinary circumstances'.
The Judge, after some deliberation, dismissed our claim but did express the view that it was a close run thing. The judge in question had previously ruled on a Jet2 case which was, I believe, successfully overturned on appeal by the claimant in the High Court. I also believe that Jet2 are now appealing that decision.
My view is that defining 'extraordinary circumstances' is a difficult one and for mere lay people like ourselves, what is written in black and white in regard to the so-called EU clarified guidelines is not that clear after all.
If your delay is down to what airlines claim is the rare event of a crew member reporting sick pre flight my advice is to tread carefully before you proceed, precidents have been set in court.

David_e

wrinkletoes wrote: »

On 8/9/14 our claim for compensation for a 25hr delay from Orlando flying with Virgin Atlantic was dismissed in the Small Claims Court. The reason for our delay was the pilot reported sick pre flight. Virgin denied our compensation claim siting 'extraordinary circumstances'.
The Judge, after some deliberation, dismissed our claim but did express the view that it was a close run thing. The judge in question had previously ruled on a Jet2 case which was, I believe, successfully overturned on appeal by the claimant in the High Court. I also believe that Jet2 are now appealing that decision.
My view is that defining 'extraordinary circumstances' is a difficult one and for mere lay people like ourselves, what is written in black and white in regard to the so-called EU clarified guidelines is not that clear after all.
If your delay is down to what airlines claim is the rare event of a crew member reporting sick pre flight my advice is to tread carefully before you proceed, precidents have been set in court.

(1) A 25 hour delay on a very popular route due to crew illness doesn't sound like EC or reasonable measures to mitigate so I think you've been badly done by. (Looks like this judge has previous.)

(2) Thankfully, no precedent has been set at this level of hearing (as I understand it).

JPears

wrinkletoes wrote: »

On 8/9/14 our claim for compensation for a 25hr delay from Orlando flying with Virgin Atlantic was dismissed in the Small Claims Court. The reason for our delay was the pilot reported sick pre flight. Virgin denied our compensation claim siting 'extraordinary circumstances'.
The Judge, after some deliberation, dismissed our claim but did express the view that it was a close run thing. The judge in question had previously ruled on a Jet2 case which was, I believe, successfully overturned on appeal by the claimant in the High Court. I also believe that Jet2 are now appealing that decision.
My view is that defining 'extraordinary circumstances' is a difficult one and for mere lay people like ourselves, what is written in black and white in regard to the so-called EU clarified guidelines is not that clear after all.
If your delay is down to what airlines claim is the rare event of a crew member reporting sick pre flight my advice is to tread carefully before you proceed, precidents have been set in court.

Sorry to hear your result, some bum judgements around - perhaps Huzar will be such a good thing when it comes around.
Interesting - i wonder if said judge had been delayed by 25 hours, if he thought the airline had take all reasonable measures upto intolerabal sacrifice to reduce or mitigate the delay?
You could consider an appeal - Bott and Co may be interested. But you have to move fast - within 14 days of jdgement.
I assume you did make it clear to the judge that the airline had 2 hurdles to clear - EC AND intolerable sacrifice?

jair101

Quick question.

The flight is Singapore - Frankfurt - Brussels. There is a delay on the Frankfurt - Brussels flight. Is the compensation in this case based on the distance of the entire flight, thus 600 euro, or based only on the delayed leg, thus 250 euro?

JPears

Whole journey if its single ticket booking/same airline.

Vauban

And single ticket booking with the airline (ie not a travel agent, who bundle separate journeys).

austin9658

Hi Vauban,

What are the flight delays and cancellations rules for Non EU airlines and airports.

David_e

austin9658 wrote: »

Hi Vauban,

What are the flight delays and cancellations rules for Non EU airlines and airports.

Read this: https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0

The answer's on the first page.

austin9658

Hi David_e,

The answer's on the first page.

This includes only EU delay compensation rule and regulation. But I want Non EU flight compensation Rules.

Vauban

austin9658 wrote: »

Hi David_e,

This includes only EU delay compensation rule and regulation. But I want Non EU flight compensation Rules.

I want a field of unicorns. But they don't exist either.