Compensation for delayed flights Discussion Area

johnnysboy

Our destination was Quito Ecuador and we flew the next day and it was a through ticket all booked together.So I take it that the final destination is taken into account for the delay?
The outbound delay was a technical problem for an hour but it took over an hour to clear the plane with the aviation authority or something because the computer system crashed.
The return flight was due to damage to a part on the end of the wing, which after 2 hours umming and arring whether to change planes, borrow a part from another they decided the plane could fly without it and nearly 2 hours to remove the part, they compared it to wisdom teeth - they are there but you don't really need them!
Just found out about claiming and this site from a friend so want to get all my facts and ammo before I let rip, so to speak.

johnnysboy

Forgot to mention our flight for Miami to Quito was an American airlines flight but the trip was arranged in one booking and the itinerary states all the flights are AA but the outbound and return flights between LHR and MIA are operated by BA

Savingdad

Thanks for the reply, I think i will join the suggested group and do a bit of homework then claim but won't push to hard, I'm not a fool to give up the chance of getting my compensation if its due but for the sake of a few minuets im not going to dedicate hours of my time fighting lol.
Thanks for the help and direction.

111KAB

savingdad - here is a link to the arrival time confirmation >


http://www.reuters.com/article/2014/09/04/us-eu-airlines-ruling-idUSKBN0GZ0V820140904


Rather than 'walking away' and/or not dedicating hours (which will probably be required) I would consider using a NWNF. OK you only achieve around 70% of your entitlement but for very little hassle.

razorsedge

MC1977 wrote: »

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

Some info & advice here from Dr Watson about using the ESCP (against Ryanair from UK based claimants but should be adaptable if you live within the EU):

https://forums.moneysavingexpert.com/discussion/comment/64457359#Comment_64457359

I am no expert on this but I think you can start a legal action against an airline in the country you reside OR any of the countries where the airline have a physical presence OR in the country where you started your flight flight OR the country where you finished your flight.

However I would ask if anybody more knowledgeable about the above would comment about where you can begin court action.


The above is just my advice, you must make up your own mind!

Vauban

Interesting article by Jakub Kotan (of claims firm EUDelay). Hard to disagree with any of this:

http://www.huffingtonpost.co.uk/jakub-kotan/air-passengers-face-anoth_b_5988110.html

Savingdad

111KAB wrote: »

savingdad - here is a link to the arrival time confirmation >


http://www.reuters.com/article/2014/09/04/us-eu-airlines-ruling-idUSKBN0GZ0V820140904


Rather than 'walking away' and/or not dedicating hours (which will probably be required) I would consider using a NWNF. OK you only achieve around 70% of your entitlement but for very little hassle.

I certainly would consider using them, is it a specilest company for flight delays or just any solicitor offering nwnf?

cerberusmx5

This may be of use:

Within the relevant EC regulation, the exception applies where the delay or cancellation is caused by ‘extraordinary circumstances’. A test was devised in the case of Wallentin-Hermann v Alitalia, to assist with establishing what that really means. The presiding Judge decided that a technical problem in an aircraft was only an ‘extraordinary circumstance’ when the problem is not inherent in the normal exercise of the activity of the air carrier concerned and it is beyond the actual control of that carrier on account of its nature or origin.


In the Jet2 case, Mr Huzar’s flight from Manchester to Malaga was delayed for 27 hours, following the discovery of a wiring defect. The airline provider asserted that this technical defect was an extraordinary circumstance as it was unexpected, unforeseen and unforeseeable.


However, the Judge found in favour of the passenger, who asserted that the technical defect was an inherent part of the normal exercise of the activity of the air carrier concerned and it was not beyond the actual control of that carrier - it is part of the air carrier’s wear and tear. Further, it was irrelevant that the problem was unforeseeable, as once the problem was identified, it was part of the normal activity of the air carrier to resolve it and was within their control to do so. Therefore, it follows that the defect was not an extraordinary circumstance and was not an expectation. Thus, compensation was awarded to Mr Huzar.


It is worth noting that the airliner went to great lengths to defend this (£350) claim. Over the course of the case, they instructed no less than four barristers and two firms of solicitors, demonstrating how important it was to the airliner that this precedent was not established, as it exposes them to a vast amount of claims going forward.


In summary, airline providers will no longer be able to avoid paying compensation when delays and cancellations are caused by technical faults (or other defects), which stem from the air craft itself. Extraordinary circumstances, in this respect, will now (predominantly) arise when they result from a third party influence, such as strikes, bad weather or air traffic control problems (etc.).

Caz3121

cerberusmx5 wrote: »

In summary, airline providers will no longer be able to avoid paying compensation when delays and cancellations are caused by technical faults (or other defects), which stem from the air craft itself. Extraordinary circumstances, in this respect, will now (predominantly) arise when they result from a third party influence, such as strikes, bad weather or air traffic control problems (etc.).

I think you need to have a read of the Huzar thread and Jet2s appeal
https://forums.moneysavingexpert.com/discussion/4815669

natsplatnat

natsplatnat wrote: »

Olympic Holidays (Small Planet Airline / although apparently GreenJet)
Flight number P7443 LGW - LCA (larnaca)
LGW Depature date 22/06/2013 @ 09:40... delayed to 23/06/2013 @ 03:10... delayed to 23/06/2013 @ 04:10.QUOTE]

Now I am in a quandary.... I think I can more or less prove that GreenJet were due to run 2 planes; one they never took up and the other was delivered to them on 3rd July 2013. So how Olympic ever expected them to service our flight is a bit of a mystery. And then there is the fact that all paperwork and check-in desk said Small Planet. I think I am being fobbed off by the tour operator. Having read through several other online flight forums, I can see that there were other instances where Olympic listed SPA flights but SPA were never due to provide them! All these instances resulted in hefty delays.

So, I suppose what I am asking is.... "how do I confirm that SPA were / were not supposed to service our flight?" I have already emailed them, but no response!