Compensation for delayed flights Discussion Area

NoviceAngel

Genius

In a letter on March 25, 2013, the airline said: ‘On investigation, extraordinary circumstances led to the delay of your flight. More specifically, the delay was caused by an unexpected flight safety shortcoming.’
The Roses thought that was it — until they heard about the court ruling in October confirming technical faults do not count as an extraordinary circumstance. They wrote again to Jet2.
This time, the airline replied: ‘We conclude the delay to your flight was the result of extraordinary circumstances. More specifically, your delay was caused by a hidden manufacturing defect.’

and unbelievable

JPears

NoviceAngel wrote: »

Genius



and unbelievable

Genius? No, Unbelievable? No.
Disingenuous, disreputable probably. I can think of alot more words to describe but I'll probably have deux oiseaux on my back again.

jaimito

hi, im wondering if anyone can help. ive checked the mse guide and also Vauban's guide but i'm still not quite sure

i had a flight to detroit via toronto - the intial flight was less than 3 hours late so i missed the connection so landed at my destination over 5 hours late.

i have just tried to claim but i got a message from air canada saying:

is not under the scope of the EU Regulations 261/2004. Air Canada is not a Community carrier and this flight was departing from Canada and not the EU. In cases where flights are not operated by Community carriers, the EU Regulations 262/2004 only applies where passengers are departing from an airport located in the territory or a Member State to which the Treaty applies. As such, in this case, compensation is not payable under EU Regulations 261/2004.


is this correct? should The Folkerts Judgment be applied here? Should i go to the small claims? if so do i have a good chance of success?

any information is appreciated!

Thanks!

James

NoviceAngel

Hi James, before we get into this with you, can you clarify where did you fly From and To ? What did it say on the airline ticket?

jaimito

oh sorry!

i flew from manchester [uk] to detroit [usa] via toronto [canada]. it was all with air canada and this was printed on the issued ticket.

james

NoviceAngel

Then you should have a claim, I think!?!?!?

Opinion is divided, our very own JP, debated this for ages with others.. There's no absolute definative answer Vauban posted earlier this link ....

http://www.flightdelays.co.uk/blog/2015/1263/who-will-win-between-schenkel-and-folkerts

You know about the case, and this is very persuasive, I would consider approaching a good NWNF solicitor as it's not a clear cut case, and they will argue very strongly....

Whatever you decide, I would urge you to have a go...

Cheers,

NoviceAngel

sgych25

I wrote to the CAA in August 2014. They sent an automated reply but I have heard nothing since. Can anyone advise me how long they have waited please

NoviceAngel

Use the link in my signature

Pitboy26

Hi all

Finally got payout from Thomas Cook after several attempts. The recent court cases helped change their minds! They offered us vouchers first of all, I then read that we didn't have to accept vouchers unless we had asked for them. I again wrote to Thomas Cook requesting cash and they happily paid £960 into our account this week.:D. Happy days !!

pdsh1

NoviceAngel wrote: »

Use the link in my signature

sgych25
nothing since the automated reply 23.08.2013!!! I call Thomson weekly to see what my claim status is though.