Compensation for delayed flights Discussion Area

JPears

wolfy013 wrote: »

Hi, I had a flight cancelled and am being given the cold shoulder, can anyone advise on my next steps please?
On 1st November my TAP Portugal fight was cancelled due to industrial action by TAP workers. Opodo, who handled the booking, contacted me a couple of days before but could not offer any alternatives to get me home within 48 hours either side of the cancelled flight. I agreed to a refund and made my own way home.
I have still not yet had the refund. My only contact is with Opodo, who I have rung every week since it happened and all they will say is that the refund is approved but they are waiting for TAP. I have tried to contact TAP but they are ignoring me.
I don't know what my next step is - Opodo are the ones I have a contract with, but it is TAP that refund the money. Mention of EU Regulation 241/2004 has no effect. Do I sue Opodo under the small claims court or TAP? Is there a regulator I can deal with? Any help greatly appreciated.

If you were informed of the cancellation less than 2 weeks before the flight AND the flight was not cancelled due to extraordinary circumstances, oyu should be able to claim compensation under reg 261/2004 and a refund.
Strikes within the airline should not normally considered extraordinary.

Sedge123

Just after some clarification please. Have read the guide and the relevant legislation but no joy.

We have initiated a claim against monarch but the flight was part of a package holiday booked through Thomas Cook travel agents. Do we pursue with monarch or should we claim through Thomas Cook?

Thanks for any help.

Caz3121

the claim is from the operating airline not travel agent

Vauban

Caz3121 wrote: »

the claim is from the operating airline not travel agent

I just answered the same question on another thread - pls don't double post Sedge.

Sedge123

Thanks for the advice and apologies for the double post, wasn't quite sure where was best to post. So I claim from the airline rather than the tour operator, is this written in any of tgr legislation anywhere do you know? Can't seem to find it. Thanks

d-b_2

We were due to return from Madeira with Easyjet on the Saturday afternoon December 13th, after the problems due to the fault in the air traffic control system,
We went for a walk, returned to our hotel, read an email telling us to delay going to the airport until the following day as the flight had been put back a day. They blamed the wind not enabling them to bring our plane in earlier. On the internet I saw that there was a flight cancelled from Bristol which was due to depart at 15:05 but as the flights are about 3.5 hours ours most probably came from Gatwick, due into Funchal Airport about 17:30? Our flight was due to depart 19:15.
I took a screenshot of flights departing from Madeira (Funchal). Some earlier ones were delayed but apart from the cancellation of an Easyjet flight to London due to leave at 17:45 there was nothing else untoward. Which makes me think that although it was windy earlier this was less likely the cause than the air traffic control issues.

Vauban

Sedge123 wrote: »

Thanks for the advice and apologies for the double post, wasn't quite sure where was best to post. So I claim from the airline rather than the tour operator, is this written in any of tgr legislation anywhere do you know? Can't seem to find it. Thanks

Yes. It's in the Regulation. My post on this very thread from yesterday has the specific citation.

presbyopia51

Thanks, MSE.
Using your template I have claimed compensation for a nightmare journey in 2008. Trying to get from the UK to South America for Christmas Eve, I spent two nights in hotels, one in Paris, one in Sao Paulo, had to cry at the Air France desk in Paris to get them to find me a connection, and arrived in Asuncion without my luggage, as Air France had left it in Charles de Gaulle airport, as they usually do.
On my original claim, my insurance paid compensation for the lost luggage and Air France gave me air miles, which I never managed to use.
When I sent the template letter to Air France, they asked me to wait longer than the statutory 14 days but replied within about 20 days. They wrote an apology and offered me 800+ euros in flight vouchers or £479 in cash. I chose cash and they have promised to pay it into my account in 14 days.
A very satisfactory result, and thank you again MSE.

Mrs_Optimist

I have posted elsewhere but got no response.


We were delayed by nearly 5 hours when travelling from Tenerife to Exeter. We were given a 8 Euro voucher at the airport but nothing else. Instead of arriving home at 11.45pm we eventually got in at 4.30am. The pilot disclosed that a decision had been made to leave our plane on the runway at Geneva airport for some 4 hours before leaving there to drop off those passengers and make its way to Tenerife to pick us up. There had been bad snow in Geneva which meant that some passengers could not get to the airport to catch their flight, although there was no problems with planes taking off or landing.


I don't see that this is exceptional circumstances but appreciate others views.

JeannieMac

We currently have three outstanding claims:
1. Flight was cancelled WITHOUT any notification for 8 of us to travel from BHX-BCN. in 2007. Had to rebook from HRW. Lot of hassle booking car parking, travelling with small children, extra meals etc. Was booked through BA but was IB code. Turns out Flight should have been BA Connect, who were sold to Flybe in Mar 2007. After numerous fob offs by BA who kept tossing me backwards and forwards to IB, the eventually told me to claim against Flybe but of course by then it was over 6 years although my original complaint was within time limit. Was promised solution 18 months ago from CAA - still nothing.

2. Husband's flight BHX - Rom via Lyon on 2 Nov 2009 was delayed so he missed his connection in Lyon. Again were tossed between Alitalia and Air France who both said the others were responsible. (AZ flight no ) Then they informed me the flight had arrived early! It shows this on the flight stats and yet my husband was definitely delayed 8 hours and arrived too late for a meeting - so what do we do now? Who reports the stats?

3. We were delayed on 13 Jan 2009 from BHX to Larnaca by 12 hours. It had snowed early on, but other flight to Larnaca with Thomson took off only a few hours late .Monarch had no crew as original crew were out of hours. Monarch refused claim. CAA promised to respond asap in JUNE 2013!

The airlines can stonewall so long that the claim goes out of time or you simply give up the will to live.:(
Any suggestions on where to go from here?