Compensation for delayed flights Discussion Area

111KAB

Seems to me Meridian was/is a broker and not an airline. Small Planet were the airline.

Vauban

111KAB wrote: »

Seems to me Meridian was/is a broker and not an airline. Small Planet were the airline.

I agree. What utter nonsense. The determining factor, in my view, is the flight number: that will identify the operating airline. Meridian are clearly a third party broker.

Getting money out of SPA won't be easy - but as someone has recently shown, far from impossible ...

Savingdad

Hi, this is a huge thread so my question may be answered somewhere but I really can't read 375 pages.
My question is about how they measure the delay on a flight?
I looked up my flight to see if we would qualify for compensation and the flight took off 3h 10mins late but the pilots flew like the clappers and arrived and landed 2 h 55 mins late so the delay us logged on the flight checker as delayed 175 mins.....
Can we claim? The compensation would be in 4 figures if we can....

JPears

That depends if you can prove it was longer than 180 minutes. Remember the EU courts have recently ruled that the arrival time is considered to be the time that the doors are opened to allow passenger egress, not touch down,

Flight number and date?

Savingdad

Flight zb284 august 29 2014
Gatwick to tenirife.
The timings above were obtained from flight stats but monarch themsekves text me while I was at the airport saying the flight was delayed from 2pm to 5pm and I still have the text, we were trying to keep a 3 yo entertained for the delay so were not really clock watching

MC1977

Yes it was Caz3121.

111KAB

savingdad wrote: »

Hi, this is a huge thread so my question may be answered somewhere but I really can't read 375 pages.
My question is about how they measure the delay on a flight?
I looked up my flight to see if we would qualify for compensation and the flight took off 3h 10mins late but the pilots flew like the clappers and arrived and landed 2 h 55 mins late so the delay us logged on the flight checker as delayed 175 mins.....
Can we claim? The compensation would be in 4 figures if we can....

Should be on Monarch thread but yes, in essence you can, however it is going to be difficult as the recorded time of arrival is less than the 180 minutes BUT a recent EU ruling says arrival time is determined by when the first set of doors were opened on the plane.


The record you refer to (flight checker) which I presume is Flightstats records when the plane wheels touched the runway and there is no way the pilot (even going like the clappers) could get the plane parked in 5 minutes.


This is going to be a difficult battle and it may be worth you seeing if you can get a NWNF to take on. PM sent.

MC1977

Hi Razorsedge

Thanks to your advice, I have received information from the CAA that shows my airline did not report the bird strike they claim was the 'extraordinary circumstance' that meant they were not liable to pay me compensation. The CAA also confirmed that under the MOR scheme an EU airline is required to make a report if 'an aircraft suffers a bird strike which results in damage to the aircraft or loss or malfunction of any essential service', even if this happens in 'non-EU territory'.

Given this information and the fact they are unwilling to give any other details to me, I feel I will only get to the truth through legal action.
My problem is that I am a British expat and do not know which court to apply to. I am guessing a UK small claims court will not allow me to negotiate a date to appear in court. However, I do know the European Small Claims Procedure (ESCP) does not require you to appear at the hearing. Has anyone had any experience of using the ESCP?

P.S. I am not allowed to post links so I had to remove them from Razorsedge's post - If you need them please find it on this message board page 369 as I found it very helpful.

Kind regards


MC1977

johnnysboy

Back in December last year my partner our son and myself were delayed on arrival over 3 hours from Heathrow to Miami and we were sat on the plane in Heathrow for 2 1/2 hours.
We were put up in a hotel and flown on to our next destination the next day but it interrupted a further flight which had to be changed.
When my son and I returned in January we were again delayed on arrival 3 3/4 hours from Miami back to Heathrow, again we were sat on the plane for 4 hours in Miami.
The flights were booked through flightengine.com and flying American Airlines but both flights were operated by BA.
Do I claim direct with BA or AA or the booking company.
Also do I push for the £478 level for the outbound and return flights as we had to remain on the planes for the delays and sat on a plane in Miami for 3 3/4 hours was not pleasant at all

Vauban

johnnysboy wrote: »

Back in December last year my partner our son and myself were delayed on arrival over 3 hours from Heathrow to Miami and we were sat on the plane in Heathrow for 2 1/2 hours.
We were put up in a hotel and flown on to our next destination the next day but it interrupted a further flight which had to be changed.
When my son and I returned in January we were again delayed on arrival 3 3/4 hours from Miami back to Heathrow, again we were sat on the plane for 4 hours in Miami.
The flights were booked through flightengine.com and flying American Airlines but both flights were operated by BA.
Do I claim direct with BA or AA or the booking company.
Also do I push for the £478 level for the outbound and return flights as we had to remain on the planes for the delays and sat on a plane in Miami for 3 3/4 hours was not pleasant at all

Depends on the reason for the delay.

Flying outwards from the UK, what was your final destination? If it was a through ticket, beyond Miami, then you are entitled to €600 each. If not, then it's just €300 (delays of 3-4 hours have compensation halved). On the return, again depends on the reason for delay but looks like €300 each. All to be claimed from BA (if they operated both flights).

My guide, linked to fom the stick, explains all this and more.