Compensation for delayed flights Discussion Area

glentoran99

svsadv wrote: »

My wife & I Holidayed in Tunisia in May 2008, we were delayed by 12 hours on our return journey, I read the Flight delays article November 2014 & decided to make a claim.I completed the Thomas Cook online Claim form on the 10 November 2014 & a few days later received notification Thomas Cook would investigate the claim. Today I have received an email from Thomas Cook stating that the flight was over 6 years ago so I cannot make a claim, according to the article it says you can make a claim back to 2005. What should I do next?
Are Thomas Cook correct in refusing a claim for compensation because the flight was in May 2008?

you can claim back to 2005 that is correct, however if they refuse to pay you can do nothing about it as its 6 years to take them to court, you are out of time im afraid

SimonH81

Hi Guys, new here but hoping someone can help.

We where delayed 5 hrs 35 minutes coming back from Crete last year (July 2014) with Jet 2 because the outbound flight to pick us up had a problem with the landing gear and had to make an emergency landing at Manchester. (We where flying back to East Midlands). They then swapped aircraft and crew and we eventually left Crete at 4am the next morning instead of 10.25pm the previous night.

Did the normal complaint to Jet2 and they just said "extraodinary circumstance", then after the Jet2 vs Huzar case they advised to re submit the claim. Did this and now they're saying because the National Enforcement body is the Hellenic CAA as the flight was from Greece, they don't have to pay because a technical defect like the one which caused the delay is an extraodinary circumstance under Hellenic CAA.

Is this just to try and fob us off or am i screwed?? Seems pointless having the EC 261/2004 reulation if it only covers outbound flights in effect?

Thanks in advance

111KAB

Simon - load of rubbish so read > https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf


You are on a winner ~~~~ enjoy your compensation.


There is a Jet2 forum!!!!

JPears

Simon, like kab says, this is just complete and utter bull***t from a desperate company who will seemingly say anything to avoid paying you what you are entitled to. And what they are legally obliged to pay to you.
SHAME ON YOU JET2

Get your NBA sent then legal claim submitted.

SimonH81

Thanks Guys,

I'l start writing the NBA asap. How do I tell them they're wrong about the fact it was from Greece and Hellenic CCA or do I not even have to?

Thanks Again

Vauban

SimonH81 wrote: »

Thanks Guys,

I'l start writing the NBA asap. How do I tell them they're wrong about the fact it was from Greece and Hellenic CCA or do I not even have to?

Thanks Again

If you can be bothered, but I'm not sure I would, I would point out to the person who wrote you that letter that your claim should be assessed under English law - which is very clear on the matter - and that if you do not receive a commitment to pay you the compensation to which you are entitled then you Jet2 can explain their position to a judge. They have become quite used to getting spanked in court, so they know the ropes ...

larrymca81

In relation to your Ryanair claim, there has been no further developments. As it stands, Ryanair has placed a hold on all claims pending the decision of the UK Courts to grant an extended stay period on all compensation claims due to the Dutch case being brought before the European Court of Justice (ECJ). This case is of particular interest as it is concerning the meaning of ‘extraordinary circumstances’ and whether technical faults can constitute an ‘extraordinary circumstance’.

If the UK Courts allow a further stay period then Ryanair along with several other airlines will not be assessing compensation claims until the outcome of the ECJ case.

DOES ANYONE KNOW IF THE UK COURTS ARE ALLOWING A FURTHER STAY?

Xen6

The family and I were delayed for 11hrs and this is the response we received. Is this a legitimate extreme circumstance?

"Flight:ZB535 Palma to Manchester on 01st August 2010

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that due to an aircraft having to divert and night stop in Athens on a previous sector, as a result of adverse weather conditions at its intended destination, there were insufficient aircraft within our fleet to enable us to operate your flight on-time. This situation was very much beyond the control of Monarch. However, in order to reduce the delay and minimise disruption, we transferred passengers to the first available aircraft and your flight departed at the earliest opportunity once the replacement aircraft had completed its previous flying commitments.

Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given."

JPears

In a word, no.
Reg specifically states that only Extraordinary Circumstance when weather affects that flight on the day. Your flight was not affected by weather. The affected flight was the previous day.
Continue with your claim by NBA then submitting a claim to court.
And this should be posted on Monarch thread, But thank you for not starting a new thread...

Vauban

larrymca81 wrote: »

DOES ANYONE KNOW IF THE UK COURTS ARE ALLOWING A FURTHER STAY?

The County Court in Mansfield yesterday didn't. But a decision in Liverpool in late Feb is likely to prove more definitive, I gather.