Compensation for delayed flights Discussion Area

Vauban

Yes you can. A new European Court judgement has said that it's when the doors are open that counts.

Harrys_gran

MONARCH ZB533 PALMA TO MANCHESTER SEPT 28TH 2014

After a 7hrs + delay at Palma made a claim to Monarch and yesterday received a response:

' During a pre flight safety inspection just prior to departure it was found that the nose landing gear has suffered a sheared door rod'

- Monarch claiming ' extraordinary circumstances'

Is this likely as I would suggest that the nose landing gear should have regular maintenance ?

Would appreciate comments !

JPears

Unlikely to be EC. Read Vauban's excellent guide and post on Monarch thread.

Ilovegreatholidays

FINNAIR AY057 MANCHESTER TO SHANGHAI 30/07/09

My family of 4 flew with Finnair from Manchester to Shanghai via Helsinki on 30/07/2009 and were delayed in Helsinki for over 7 hours.

I contacted Finnair online to request compensation, but they have refused today, stating the right to submit a claim has expired concerning the flight AY057 on 29th July 2012. Is this 3 year deadline correct?

Finnair also have a London office. As the flight commenced in the UK, can I pursue my claim via CAA, or English small claims court?

Would appreciate comments

legal_magpie

Try reading the FAQs and the links from them especially Vauban's brilliant guide. The CAA are a waste of time. You can pursue your claim in the County Court but you should keep an eye on the Dawson thread which deals with time limits. Court of Appeal says 6 years but Thomson (who say 2) have asked the Supreme Court for permission to appeal.
JJ

Smoggie

Hi all, I hope someone can offer some advice on whether I've done the right thing. My family and I were booked on a flight to Florida with United Airlines in August, when we awoke to get to the airport I found a text message on my phone from United's SMS notification service saying our flight had been cancelled due to "crew availability". This message was received at 00:37 over 12hrs before departure, as we live over 2.5hrs from Heathrow I actually noticed the message at 05.40 that day.

To cut a long story short we had to re-book ourselves onto a flight the next day and arrived at our destination over 17hrs later than planned. Figuring this was a straightforward claim I raised the issue using United's inadequate online system once back in the UK. They ignored my first message, replied to my second eventually, denying my claim with no explanation other than it wasn't applicable and offering us $200 each in flight vouchers (not that I'd ever fly with them again as they are shockingly bad). They also seemed to have mistook my claim as someone else's as all the reference numbers are wrong, and they mentioned regular updates at the gate (wouldn't have happened as check in would never have opened). I responded to this letter saying that what they have stated never happened regarding messages at the gate etc. and provided further evidence including the SMS messages (forgot them the first time). They have now replied again, this time quoting "force majeure" and also have added the incorrect reference numbers so I'm again confused as to whether they are actually replying to my complaint or someone elses.

As they've now refused two claims, following the guide on the website (not the one in the forums) I've raised the issue to the CAA. Unfortunately I've now read Vaubans excellent guide, and am concerned I've now prejudiced my case by contacting the CAA, please reassure me I haven't!! Also should I instead send a NBA or wait to hear from the CAA?

Does it sound like I have a reasonable case?

Thanks for your help and apologies if I'm in the wrong forum :-(

Vauban

Sounds like you have an excellent case - the fact that they knew at least 12 hours beforehand that they didn't have the crew available means this is most unlikely to be extraordinary. I fear though you'll need to start a legal claim - but I'd be surprised if they fought you.

Send the NBA immediately - and instruct the CAA not to look further at your case, as you're taking legal action.

Glad the guide was useful!

glentoran99

the CAA are largely irrelevant,

Smoggie

Vauban wrote: »

Sounds like you have an excellent case - the fact that they knew at least 12 hours beforehand that they didn't have the crew available means this is most unlikely to be extraordinary. I fear though you'll need to start a legal claim - but I'd be surprised if they fought you.

Send the NBA immediately - and instruct the CAA not to look further at your case, as you're taking legal action.

Glad the guide was useful!

Yeah the guide was great I just wish I'd researched more and read it before I contacted the CAA! I'm massively relieved though that you think I have an excellent case and haven't prejudiced my claim by contacting the CAA.

Thanks for the super quick reply :beer:

CLAIRERC

Used MSE template to claim compensation after our flight was delayed over 4 hours. We were flying to Faro from Bristol in Oct this year. Posted the letter to Easyjet on a Friday, had email on the Monday from them stating that the delay was a Non Extraordinary one and that we were eligible for compensation of €400 each. Sent claims form back on the Tuesday, received email on Wednesday confirming payment had been processed back to my credit card. Compensation was paid by the end of October - fabulous result. Thankyou MSE. :T