Compensation for delayed flights Discussion Area

blueben

I was delayed 3 and 1/2 hours returning from Mexico in May 2013. The pilot announced it was due to the plane's brakes being low on fluid. I initially made a claim in August 2013 against Thomas Cook who sent me a response which was obviously a standard rejection letter they send out to everyone claiming under the EU court ruling. I then went to the CAA who were completely useless so took my claim to the small claims court. It cost £60 to make the claim online. I have just been informed via Thomas Cook's solicitors that they intend to pay me the full amount of £810 claimed via the court which includes my £60 back. This was all thanks to Martin's site, following the procedure and using the template forms. Many thanks Martin and staff!

Caz3121

NoviceAngel wrote: »

Just to clarity, are you saying that IF it was a crew member that became ill it could possibly NOT be classed as an EC?

sorry no, probably badly worded....I believe both are extraordinary but it should be very clear that if it was a passenger it is 100% outwith the airlines control (so not even worth bothering with an email)
A sick crew member would still be extraordinary but, as an employee of the airline I would expect an apology from the airline (but still no compensation)

richardw

Isn't the risk of a sick passenger inherent with operating an airline?

NoviceAngel

richardw wrote: »

Isn't the risk of a sick passenger inherent with operating an airline?

Lol, yes I suppose it is, don't tell them though...

' This is your captain speaking... Please ignore the passenger at the rear of the plane that is dying of a heart attack, his pain will hopefully end soon, in the meantime as a special offer we have reduced the price of our ear plugs by 50p as a gesture of goodwill. We will not be diverting this plane to the nearest hospital, because that could cause a delay under EC261 regs, in the meantime enjoy your on time flight'

Bad weather is also inherent with operating an airline, but weather and medical emergencies IMHO are a couple of genuine ECs

fd1972uk

NoviceAngel wrote: »

Lol, yes I suppose it is, don't tell them though...

' This is your captain speaking... Please ignore the passenger at the rear of the plane that is dying of a heart attack, his pain will hopefully end soon, in the meantime as a special offer we have reduced the price of our ear plugs by 50p as a gesture of goodwill. We will not be diverting this plane to the nearest hospital, because that could cause a delay under EC261 regs, in the meantime enjoy your on time flight'

Bad weather is also inherent with operating an airline, but weather and medical emergencies IMHO are a couple of genuine ECs

:rotfl::T


FD

rogerwales

My last EasyJet flight back from Amsterdam (to Bristol) on 29th June 2014 was delayed by 3 and a half hours- no compensation was offered and I forgot about it.

Following the recent European Court ruling I emailed EasyJet via their website, quoting my booking reference, requesting info on their compensation claims procedure for this flight.

Within 24 hours they emailed me, accepted liability stating

“The cause of this delay was an operational decision to swap the aircraft and has been classified as non extraordinary in accordance with the regulation EC261/2004”

They automatically offered full compensation of €250, without asking for any proof or further details- all done via the boking ref.

legal_magpie

Well done Roger. Hopefully your experience is a sign of things to come.
JJ

supermac9

rogerwales wrote: »

My last EasyJet flight back from Amsterdam (to Bristol) on 29th June 2014 was delayed by 3 and a half hours- no compensation was offered and I forgot about it.

Following the recent European Court ruling I emailed EasyJet via their website, quoting my booking reference, requesting info on their compensation claims procedure for this flight.

Within 24 hours they emailed me, accepted liability stating

“The cause of this delay was an operational decision to swap the aircraft and has been classified as non extraordinary in accordance with the regulation EC261/2004”

They automatically offered full compensation of €250, without asking for any proof or further details- all done via the boking ref.

Great news and well done!
:T

Savvy_Sue

richardw wrote: »

Isn't the risk of a sick passenger inherent with operating an airline?

I'm sure it is, but when DS1's flight was diverted for that reason, they then couldn't take off again because of a fault which had clearly developed mid-flight.

I am pushing him to email BA again (they put him off to await Huzar), but it's not one of his highest priorities.

His was the first voice saying "Extraordinary Circumstances" on the You and Yours programme earlier this year!

NoviceAngel

Savvy_Sue wrote: »

I'm sure it is, but when DS1's flight was diverted for that reason, they then couldn't take off again because of a fault which had clearly developed mid-flight.

I am pushing him to email BA again (they put him off to await Huzar), but it's not one of his highest priorities.

His was the first voice saying "Extraordinary Circumstances" on the You and Yours programme earlier this year!

Very interesting post Savy_Sue.

I think this is a really difficult one to answer, if the fault developed mid flight due to a technical fault and therefore diverted and couldn't take off again meaning the final landing time at the destination was more than what is permissible under EC261 then BA should pay compensation.

The obvious difficulty is that if the delay was caused by a medical emergency then the delay would not be covered.

I think you would have to demonstrate what part of the delay was caused by the medical emergency and what part of the delay was caused by a technical fault.

For example, a flight from Spain lands in Paris due to a medical emergency but then can't take off again for 24hours because of a technical fault then I think that should be covered under EC261?!?

Trust a board guide to come up with a scenario like this to test us :cool::p:)

Cheers,

NoviceAngel