Compensation for delayed flights Discussion Area

Caz3121

you need to confirm who operated the flight that was delayed and claim from them, it appears you do not know which airline was the operating airline so until you confirm that you do not know who to claim from (and if the airline is no longer operating such as TorAir there will be no claim)

the references you see to OAI all appear to be travellers posts
if you look at search for OAL then you will see official aviation sites which relate to Olympic Air

Caz3121

bylromarha wrote: »

My question is, was my departure from the UK or not? Does a transit change of planes in Bahrain mean the delay doesn't meet the EU regulations? I can't find an answer anywhere on google. Sent the letter to see what Gulf Air would do and not sure if their response is correct or not as it was 1 booking London - Bangkok.

This is a unclear area and do not believe it has been tested in court. Certainly it looks like the NWNF companies will not take these type of cases on and others that have claimed in similar circumstances have all been rejected by the airline
Had the first flight been delayed (departing EU) which caused you to miss the connecting flight then you would have a claim based on arrival time in BKK
As your ex EU flight was not delayed, the full delay was outside the EU on a non-EU airline so there would be no claim (in my opinion)
I believe an exception may be if you had the same flight number for both legs
others may say that you should have a claim but it will depend if you want to go to the effort of going to court in Bahrain to test this

princesspower71

Caz I have just found this on tasreports web site.

Friday 29th July Report

Movements of interest from today included Europe Air Post B733 F-GZTB, which arrived early morning on its 1st visit operating FPO127D, and left just over an hour later as FPO327D. Citation 510 Mustang OE-FZD arrived during the morning as GAC69MP, and left an hour later as GAC344H on its 1st visit. Ryanair operated B738 EI-ENG on its 4th visit on their early afternoon FR554 from Dublin. Avion Express Italia A320 LY-VEX positioned in mid-afternoon also on its 1st visit as OAI283P, which later departed to Corfu operating OAI283. NetJets Falcon 7X CS-DSB arrived early evening as NJE905G. And finally TAP Air Portugal operated A319 CS-TTN on TP322 from Lisbon on its 2nd visit.


it lists the plane I was on (eventually) OAI283 - they sent another plane for us from another country which im guessing was the Avion Express as mentioned above,
So I can find the flight - I know we were told by our travel agent it was olympic air. I have found from a few websites that olympic air were using alsorts of airlines in 2011. Olympic air are an airline? so if they used a different airline to fly us surely it is still Olympics fault?.
It seems impossible for me to find out who they were going to send us flying out with.. But at least I know who we did fly with eventually.
I think I'll email the CAA to see if they can shed light on it.

Caz3121

this thread seems to imply it was a Small Planet flight operating for Tor Air...which would match the fact that the other posts that mention Olympic are all making claims to Small Planet

http://www.agni.gr/message_boards/display_topic_threads.asp?ForumID=1&TopicID=58392&ReturnPage=&PagePosition=0&ThreadPage=2

Alan_Bowen

Claims are against the carrier that operates the flight and despite the name, Avion Express is a Lithuanian based airline so 'good luck' with the claim. Their address is Lvovo st 25, LT-09320, Vilnius, Lithuania
Email: info@flyavex.com, Phone: +370 5 200 1040, Fax: +370 5 200 1050.

I suspect the link to Olympic is that you were booked on an Olympic Holiday, they have nothing to do with the airline Olympic. The tour operator has a history of using airlines no one has ever heard of and this is one of them! Do not contact the CAA, they support the airlines and can damage any claim you may have.

Chaul

I am hoping this may help some people and bring them up to date and also hoping other users of this forum may guide me as to what my next step is.
After sending a claim to Monarch I then followed up a month later after no response. They then sent me the following...

Thank you for submitting a claim for compensation in accordance with European Regulation EC261/2004



As you may be aware there has been a recent judgment in the case of Ronald Huzar v Jet2.com which potentially could affect the way in which certain claims under EU Regulation 261 are now assessed. I can confirm that Jet2 has lodged an application with the Supreme Court to seek leave to appeal this judgment. As a result there is uncertainty regarding the law when applied to compensation claims presented under EU Regulation 261 when the root cause of the delay is a technical fault. We will therefore not be assessing your claim until clarification in this respect is received from the Supreme Court.



The Supreme Court is now in recess and will not return until October. Therefore the application to appeal will not be considered until November. Please be aware that your claim is subject to the Limitation Act 1980 therefore a deadline for issuing proceedings applies. For further information regarding how this may affect your claim please refer to https://www.caa.co.uk.



I can confirm that your claim will be held on our system until such a time that a decision is reached and we will contact you to advise you of the Court’s judgment.

---

Any advice would be much appreciated.

111KAB

Should be on Monarch thread, DO NOT involve the CAA, read Huzar thread - case will not now be considered until November. Have sent you a PM.

111KAB

BBC Rip-Off Britain are organising a filming day for an upcoming Holidays series and they are planning to film in Manchester (understand this will be at Salford Quays) on the afternoon of 17th October 2014. They are looking for people who are still awaiting pay-outs for flight delays.

Further details on this Facebook Page here >


https://www.facebook.com/MonarchComplaints/posts/328147857346604?comment_id=328148254013231&offset=0&total_comments=1&notif_t=feed_comment

bylromarha

Caz3121 wrote: »

This is a unclear area and do not believe it has been tested in court. Certainly it looks like the NWNF companies will not take these type of cases on and others that have claimed in similar circumstances have all been rejected by the airline
Had the first flight been delayed (departing EU) which caused you to miss the connecting flight then you would have a claim based on arrival time in BKK
As your ex EU flight was not delayed, the full delay was outside the EU on a non-EU airline so there would be no claim (in my opinion)
I believe an exception may be if you had the same flight number for both legs
others may say that you should have a claim but it will depend if you want to go to the effort of going to court in Bahrain to test this

Had this reply back from the EU today... am thinking of forwarding it onto Gulf Air? Thoughts? Obviously the EU advice to check out the legitimacy of the claim with the CAA is something which I shall not be doing.

"Please bear in mind that this question has never been subject to an interpretation by the Court of Justice of the EU (CJEU) and our (non-binding) view is without prejudice to a decision by the EU Court.
This being said, it is our understanding that the scope of the Regulation 261/2004 as defined in its Article 3 refers to the entire trip from the point of departure until the final destination of the passenger (the concept of "flight" is to be understood as a unit with a departure and a final destination, a unit which is not interrupted by connecting flights in between). In the case of connecting flights - which are part of a single transport contract - it does not matter where the transfer between connecting flights took place, only departure and destination of the whole trip are relevant.

In your specific case, the question should only be whether the two flights were part of a same transport contract or whether the two flights were bought separately.

In case it was one single ticket and you were supposed to travel from an EU country to a non-EU one, you should be covered. If you had multiple tickets and the incident took place in a non-EU country, you should not be covered.

What we would suggest is that you first contact a national consumer centre in the country of your residence and then, if necessary, seek legal advice from a lawyer.

A list of consumer centers is available at:
http://ec.europa.eu/consumers/eu_consumer_policy/consumer_consultative_group/national_consumer_organisations/index_en.htm

Please choose the country-specific link to access the relevant contact details.

We hope you will find this information useful. Please contact us again if you have other questions.

With kind regards,
The "Passengers' Rights Team"/EUROPE DIRECT Contact Centre
Disclaimer
Please note that the information provided by EUROPE DIRECT is not legally binding."

Vauban

Really interesting. Thanks for sharing.

I must admit that this accords with my own view of the Regulation (as clarified by the Folkerts judgement) but some very smart people take a different view. It all boils down to the question of what constitutes a flight ...

But this is useful to have, not least to send to the airline. If you start legal action - which is what it's likely still to require - you can indicate you're including it in your evidence. I suspect that once they see you're serious the airline will settle - this is what they've tended to do with others.