Compensation for delayed flights Discussion Area

NoviceAngel

batman44 wrote: »

Don't know about you guys but I have had enough, I intend to start up a no 10 e-petition, any comments additions? Don't know if will do any good but we could try.

Mark2spark posted something similar in the J2 thread, perhaps you could help each other?

I'm personally not sure it would make any difference, see my comments on J2 thread. That said I would whole heartedly support any e-petition or campaign.

Cheers,

NoviceAngel

legal_magpie

Perhaps what might be better is to Petition for the government to set up an Ombudsman for the travel industry starting with flights who would be independent of the airlines and could have some teeth.

NoviceAngel

legal_magpie wrote: »

Perhaps what might be better is to Petition for the government to set up an Ombudsman for the travel industry starting with flights who would be independent of the airlines and could have some teeth.

It's interesting that the CAA have teeth the size of Jaws but behave like a goldfish!

Savvy_Sue

legal_magpie wrote: »

Perhaps what might be better is to Petition for the government to set up an Ombudsman for the travel industry starting with flights who would be independent of the airlines and could have some teeth.

I thought one weakness of the Ombudsman system (all of them) was that although they can give rulings they can't enforce judgements, eg they can say "there was maladministration and compensation of £X00 should be paid" the organisation that's been ruled against doesn't have to do that.

legal_magpie

It depends on the terms on which they were set up. Decisions of Financial ombudsman and legal ombudsman for two can be enforced.

NoviceAngel

legal_magpie wrote: »

Perhaps what might be better is to Petition for the government to set up an Ombudsman for the travel industry starting with flights who would be independent of the airlines and could have some teeth.

Savvy_Sue wrote: »

I thought one weakness of the Ombudsman system (all of them) was that although they can give rulings they can't enforce judgements, eg they can say "there was maladministration and compensation of £X00 should be paid" the organisation that's been ruled against doesn't have to do that.

Strange we have our NEB, The CAA that has the powers to fine an airline upto £5,000 per incident where the airline fails to pay passengers under EC261 but because they are truly not independent of the airlines, they don't use their powers, under a FOI request they confirmed the following:

Credit to batman44

Our response:
In assessing your request in line with the provisions of the Freedom of Information Act 2000
(FOIA), we are be able to provide the information below.

1.The CAA has received 59,808 complaints relating to Regulation EC261/2004 since it came into force on 17 February 2005.
2.
The CAA has received 1,790 complaints relating to Jet2.com since Regulation EC261/2004 came into force on 17 February 2005.
3.
There have been no such criminal prosecutions.
4.
The CAA has not commenced such a criminal prosecution against Jet2.com


In a similar discussion in the J2 Vauban made the following post

Vauban wrote: »

The Air Transport Users Council (AUC) was disbanded in March 2011. From reading its annual report, they sounded pretty good news to me.

https://www.google.co.uk/url?sa=t&source=web&rct=j&q=history%20of%20the%20air%20transport%20users%20council&ei=2755VK3rJq_d7Qbwh4DQDg&url=http://www.auc.org.uk/docs/306/AUC%2520%2520Annual%2520Report%25202009-2010.pdf&ved=0CCMQFjAD&usg=AFQjCNHa080RGXW-nb7neJS_ksyCoooSLw&sig2=Ep2QuY2Toy0ViapllHY2HA

My point is call it an ombudsman, NEB, The CAA or even go back to the AUC it doesn't really matter what you call them ~ although having enforcement powers obviously do matter, I think it's more important for them to be truly independent only then will you see a real change for passengers in this Country.

Tyzap

The AUC seem to have been far more 'pro passenger' than the CAA and were obviously ruffling a few feathers.

Just take a look at this excerpt from their 2009/10 annual report...

In December 2009, the ECJ made another important ruling (which has become known as the “Sturgeon” ruling ) in which it said that compensation should be paid to passengers who flights were delayed on arrival by more than three hours. It said that the compensation would not be payable if a delay was due to “extraordinary circumstances”. But it made a cross-reference to the Wallentin ruling; meaning that delays resulting from technical problems would not ordinarily qualify for the extraordinary circumstances defence.

Airlines reacted with predictable dismay to the ruling. As with the Wallentin ruling, we have been citing “Sturgeon” in our complaints handling correspondence with airlines. By the end of the reporting year, we had already successfully persuaded a small number of different airlines to pay compensation in respect of individual complaints. A number of other airlines, however, had told us in no uncertain terms that they thought the ruling was wrong and they would not pay: a position that we have since been discussing with the CAA.

So 4/5 years ago the AUC reported to the CAA that some airlines were refusing to accept the law.

Since then the AUC have been absorbed or disbanded, the CAA have sat on their hands and watched while companies like Bott & Co, plus thousands of LIP's, have been forced to take matters into their own hands. The result of this being countless numbers of passengers duped out of their due compensation.

It's becoming very clear that there is a lack of will to force the airlines to comply with the regulations and the law.

Getting this attitude changed is a mammoth task, well beyond our small, but willing, group I fear.

thin_white_duke

I have just been offered my compensation in vouchers from our delayed flight in 2013.
I have asked for the cash instead! I will wait and see if I am successful.

mrtonygibson

I have today received a letter from the district judge at Mansfield CC refusing the "stay" requested by 2 birds in light of "paragraph (2) of the order of the supreme court in cases of Jet2.com v Huzar and Thomson Airways v Dawson". Court date 18th Feb at Mansfield CC. Looks like this judge is going to enforce the SC decision if I read this correctly.

sallysaver

I am not very good with technology and would be more than grateful if someone could enlighten me on how to read FAQ and Vauban's Guide please. I have searched, but as I am guilty of 'skim reading' may well have missed it. Thanks