Compensation for delayed flights Discussion Area

cactusdust

I'm just about to send the forms of for a Visa Debit chargeback for some flights cancelled in the snow last month. If I was to include details from EU Regulation 261/2004 about my cancellation and right to a refund, what exact part of it would I use?

cactusdust

Cityboy wrote: »

Try these:

Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8;

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

You're a star! Thanks so much.

richardw

easyJet shares dive http://www.bbc.co.uk/news/business-12241816

Sunshine_and_Roses

Does anyone have any experience of how long Ryanair take to settle compensation claims? They wrote to me on 18th January, acknowledging receipt of my claim received on 20th December. Part of this letter was:

As you have provided copies of your receipted expenses, I wish to confirm that this has been assessed and passed to our Finance Department for payment and a cheque will be posted in full final settlement of your claim.

Please be advised that non Vat Registered Receipts, non receipted items (public transport, phone, internet, printing)/ alcoholic beverages/parking/prepaid expenses/alternative travel costs are not covered under the EU261/2004 and will not be reimbursed. Expenses not covered under Regulation EU261 should be claimed directly from your travel insurer.

As this flight cancellation was outside of the control of Ryanair (extraordinary circumstances) we regret to advise that no monetary compensation is due under Article 7 of EU261/2004.



Fair enough, but I thought they were meant to provide access to phone calls home, emails etc, and not sure how I was meant to use public transport when buses were not running! We were not offered anything at the airport ie food, drinks, transportation, the advice given was 'get yourself booked into accommodation as fast as you can, as there are not many places left, and see you in three days time'. I can see this being a long drawn out process - which I will be picking your brains!

Vern58

Cityboy wrote: »

If it was a single price holiday (with the addition of the car hire) then the tour operator should not only have provided the assistance with a hotel/meals at LGW but should also compensate you for the loss of your first night in Florida.

Apologies for the delay between postings but, typically, Thomson took 28 days to reply to my letter.

In summary, we were delayed (not cancelled) by over 24 hours on a Thomson package holiday to Florida, not due to weather but due to a technical fault with the plane (post#957 p48).

Thomson agreed to pay our food and accommodation expenses for the night we were delayed and sent a cheque. However, they rather curtly refuse to offer compensation for the lost night in Florida as they "do not support the recent decision of the European Court of Justice as it conflicts with superior decisions already made". They refer to EU Regulation 216/2004.

However, I also quoted The Package Travel, Package Holidays and Package Tours regulations 1992, which Thomson ignored. Are they obliged to pay compensation under this regulation or is this also being challenged as 216/2004 is? Cityboy's quote above seems to imply that they must offer compensation for the lost night. Is this the regulation that covers this situation?

I think it's disgraceful the way Thomson treated people at this time, and in particular on our flight, and I believe the least they could have done is offer reasonable compensation or even holiday vouchers (though I'm not sure I ever want to travel with Thomson again!). I now want to claim against them using Money Claim Online. My question is 'in order to comply with pre-claim protocol, do I have to state expiclitly in my letter that if they do not offer satisfactory compensation or replay within a set amount of time, then I will start claims proceedings?'. I only stated that I would take the matter further if they did not respond within 10 days.

Many thanks.

dalkey_girl

I was booked to fly with BA to Houston on 21 December, afternoon flight, returning 3 January. Found out online the evening of 20 December that the afternoon flight had been cancelled, but not the morning flight. Offered full refund or rebook. Earliest date I could rebook was 26 December on the early flight, did not change return date. BA amended the booking, and flights were fine.

After accepting changed dates, I then checked online to see what this new flight would have cost, and amazingly it was cheaper, around £260 cheaper.

What chance have I got in getting refund for the difference, bearing in mind I lost 5 days of my holiday, including the most important one Christmas Day.

goldfish61

Like many others we were caught up in the "adverse" weather situation last month. Our flight on the way out was delayed, not due to bad weather as most flights were leaving, but due to the crew being unable to travel into the airport. As a result we missed our connecting flight at Heathrow and had to rebook for the following day. Not the route we should have gone, but a sort of long roundabout way. We did eventually arrive at our destination over 24 hours late. BA put us up in a hotel that night, but we had to make our own way there using train, bus and a taxi arriving quite late at the hotel. BA sent a bus for us the following morning (at 5pm) so not much sleep that night!
On the return journey we were late arriving back at Heathrow and the connecting flight had already been cancelled anyway. That night we spent the night at the airport as it was quite late anyway and we were keen to try and get on the first available flight. After waiting in massive queues and being given little or no information as to what was happening, it eventually filtered through that the airport was closed and no flights would be leaving that day. We eventually found a hotel and spent the night there. By this time BA were advising people to find their own accommodation and to claim back the expenses as they had stopped giving out accommodation vouchers. We took a taxi to the hotel (incidentally the taxi driver over charged us - he was quite open about it and charged £80 for a £20 fare) and spent the night there. The following morning we heard on the TV news that Heathrow was going to be closed again so we just took a taxi to the train station and travelled home by train. Incidentally the train left exactly on time and was actually quite comfortable.
On our return we submitted a claim to BA for our expenses which totalled £600. BA got the envelope on 31st Dec (we sent it recorded delivery) and I was wondering how long they would take to refund our expenses. We could ill afford to pay out this money after our holiday. I also missed a day at work as we didn't return in time and had to take unpaid leave as I'd no annual leave left!
I don't expect any compensation from BA, just really want the expenses back but I was wondering if the insurance company would compensate for our delays as well as the one night accommodation in USA that we missed. Also would I be able to claim for the days unpaid leave I was forced to take.
I suppose I'm not too bothered about compensation from the insurance company, but if I'm entitled to it I'll claim. It's really the expenses I'd like back and was wondering if anyone knew how long it would take for this to be repaid to us.
Sorry to go on - but this was a nightmare at the time!
Any help is greatly appreciated, thanks.

metrobus

I had a 4hour 17 min delay with easyjet on Friday BristolBarcelona
the reason was fault with the plane
where do I stand with compensation?
Thank you

richardw

metrobus wrote: »

I had a 4hour 17 min delay with easyjet on Friday BristolBarcelona
the reason was fault with the plane
where do I stand with compensation?
Thank you

There is up to 6 years to make a claim, in the meantime jot down some notes of what happened with the details and put them in a safe place, save with any other documents that you have relating to this flight.

easyJet don't generally pay out compensation without small claims court action, so even if you have a case, it won't be simple to get the compensation.

Vern58

Cityboy wrote: »

Thomson seem to be taking the line that this was not a 'package holiday' as such rather a dynamically packaged holiday. You need to get to the bottom of this issue first before deciding how to proceed. This is because package holiday entitlements would be handled complaint-wise initally by ABTA/ATOL first before you proceed to the legal route whereas flight delays per se are handled by the operating air carrier and thus in the way you have started to proceed.

You should check your legal expenses position to find out if you are covered via your household contents insurance policy before you go down the legal route in any case.

Thanks again Cityboy. Can I just clarify what you mean by 'dynamically packaged holiday'? I selected and paid for this holiday on Thomson's website and you cannot select the components separately using the links I did (under 'Package Holidays'). It's just one price.

I'll contact ABTA/ATOL with my complaint. Unfortunately, my home contents insurance does not cover legal expenses.