Compensation for delayed flights Discussion Area

glentoran99

Tyzap wrote: »

The point is that the CAA can take them to court, as in the threat to Jet2 under the enterprise act.

I also think they have powers to force an airline to re examine any claim if they believe the airline has deliberately mishandled it in an effort to force it out of time.

None of us have much confidence in the CAA but they have the responsibility to prevent this type of dodgy dealing by the airlines. If no one asks them to look into this practice they will keep getting away with it.

So I see this as a possible way forwards rather than just accepting the status quo.

They couldnt though as the statute of limiations applies to the CAA as much as it does to everyone else.

The CAA have no powers to force an airline to do anything, thats the main problem with the system

Vauban

I think Tyzap has a point though. Claimants should complain to the CAA about shoddy treatment.

In the most optimistic scenario, the CAA will either lean on the airline or collate the evidence as part of a potential future prosecution for systematic refusal to adhere to the Regulation. (This is unlikely to happen, in my view.) More realistically, if the CAA is presented with a body of evidence about airlines' non-compliance then it makes it harder for them to maintain - as they did the other week - that most airlines are obeying the law. The CAA is like the three wise monkeys - so we should present them with evidence that they cannot continue to ignore.

NoviceAngel

The CAA non-announcement was spectacular in it's absence. There was such hype on Saturday, with many airlines saying 'foul' as their head offices were closed for the weekend and that left the Sunday papers, to publish the CAA's hint of what we might expect in the Mondays full investigation that had taken 6 months to compile?

What we were left with is a tick box that airlines had completed, even Jet2 couldn't even do that right, but many did, including Ryanair that said they had accepted the six year limitation period, so many on here asked what's the appeal initially due last Friday all about then ?!?!?

Obviously, if the CAA think everything is OKies in that it's only Jet2 that they have a problem with, then they will continue to take no action believing that all the airlines are behaving themselves.

Although, I think the CAA are still worthless and will do absolutely nothing to help a delayed passenger obtain due compensation, at least lets prove the point, by giving them the evidence.

So I think Tyzap is quite right, write to them then at least they can't say they didn't know what was happening in the real world of flight delays.

Cheers,

NoviceAngel

snoopjohnd

Hi

I've followed through the claims process for a flight that was cancelled late last year and today received compensation from Flybe that I am entitled to compensation. Only thing is, they have offered me vouchers to the value of £300, rather than the cash settlement I was expecting. Am I entitled to cash rather than vouchers? If so, how would I go about it - do I just respond to their email? They don't make any offer of a cash payment. Full wording of reply below. All advice gratefully received.

Dear Snoopjohnd

We are writing as promised following our final review of your claim.

Following our investigations we can confirm that you are entitled to compensation in accordance with EU 261/2004 following the disruption experienced. As a result Flybe would be pleased to offer you a voucher to the value of £300.00 / 350.00Euros (per person) for redemption against a future Flybe flight.

The voucher may be claimed and utilised via our dedicated team within the next 18 months from today’s date. Your journey must also have flown within this period. Our Vouchers Team may be contacted via email (vouchers@flybe.com) Monday to Friday. Bookings made via our Vouchers Team will be subject to our online rates found via Flybe.com

By accepting this offer with our Vouchers Team your claim is settled in full and final settlement of all claims, demands, actions and proceedings arising out of the flight described within your letter of claim.

Thank you for your patience whilst we have reviewed your claim and we hope to have another early opportunity to welcome you on board our services again soon.

Kind regards

Flybe

legal_magpie

You don't have to accept vouchers. You are entitled to payment in money.

NoviceAngel

The forum is going crazy with posts about Vouchers this morning from Flybe, I think Flybe might have done a mass mailing.

monkeydust_2

I just replied back to flybe saying thanks for acknowledging compensation is due and please tell me how I can get cash payment compensation.

Is there another email address people are using?

ArchieF

Hi,

Does anyone know what the rules are if you choose not to fly on a delayed flight because it is so delayed?

My wife was travelling with EasyJet with our 3 year old daughter in 2009. Scheduled flight time was 6.30pm local time. After 3 1/2 hours of waiting after the scheduled flight time and then being told by an announcement (there were no EasyJet staff to help or ask for refreshments etc) that the new departure time would be 2am. At that point my wife decided to take a flight so as not to distress our daughter any further.
I checked online with EasyJet and there were no flights available the following day so they went with a different carrier the following day for around £350.

We got nowhere at the time because of the court cases etc but since this now seems to have been resolved have sent in the template letter. EasyJet have replied to say 'You are not entitled to EUC compensation as you didn't take the flight, the delay time is calculated when the brakes are applied on arrival'.

Looking at the official figures the actual delay was 5 hours 33 mins. At the time I checked online and a number of EasyJet flights were delayed all over Europe (no other carriers were affected) and an announcement said that the delay was due to waiting for a member of staff - this was subsequently changed in further correspondence to a technical fault.

Does anyone know if what EasyJet are saying is correct?

Thanks in advance.

NoviceAngel

ArchieF wrote: »

Hi,

Does anyone know what the rules are if you choose not to fly on a delayed flight because it is so delayed?

My wife was travelling with EasyJet with our 3 year old daughter in 2009. Scheduled flight time was 6.30pm local time. After 3 1/2 hours of waiting after the scheduled flight time and then being told by an announcement (there were no EasyJet staff to help or ask for refreshments etc) that the new departure time would be 2am. At that point my wife decided to take a flight so as not to distress our daughter any further.
I checked online with EasyJet and there were no flights available the following day so they went with a different carrier the following day for around £350.

We got nowhere at the time because of the court cases etc but since this now seems to have been resolved have sent in the template letter. EasyJet have replied to say 'You are not entitled to EUC compensation as you didn't take the flight, the delay time is calculated when the brakes are applied on arrival'.

Looking at the official figures the actual delay was 5 hours 33 mins. At the time I checked online and a number of EasyJet flights were delayed all over Europe (no other carriers were affected) and an announcement said that the delay was due to waiting for a member of staff - this was subsequently changed in further correspondence to a technical fault.

Does anyone know if what EasyJet are saying is correct?

Thanks in advance.

Boy, that's a story...... the regs actually state that you are entitled to compensation regardless of whether you fly or not after 5 hours, and as for the brakes being applied, well that's a new one on me, it's actually when the aircraft door is opened to allow you to disembark, long and short of it all, you have a valid claim.

Cheers,

NoviceAngel

NoviceAngel

_EC261/2004 wrote:

(ii) when the reasonably expected time of departure is at least
the day after the time of departure previously announced,
the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified
in Article 8(1)(a).
Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;

Full regs here:-
http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

Hope this helps.

Cheers

NoviceAngel