Compensation for delayed flights Discussion Area

howticklediam

JPears wrote: »

Where in the historical T&Cs does it mention "bringing proceedings against"?
Scandolous. Some really warped minds at work there....

What's mental is that is their interpretation of:

Your right to make a claim against [insert name] shall be extinguished if you do not bring an action within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

Precisely, no mention of "bring proceedings against", which kind of stamps all over their whole defence, that "bring an action" unequivocally means "bring proceedings against".

If it did, then they wouldn't have to spell it out in their own defence, well spotted, that anomaly had passed me by - but now it hasn't :-)

JPears

Its not an interpretation, its completley re written contract.
Farcical as well as scandalous.

JanWa

Is it possible to claim compensation from an airport instead of an airline?
Last Wednesday 27th May Brussels airport was closed for hours, no flights in or out. This resulted in my husband being considerably delayed on a trip to Romania and incurring extra costs - night in hotel and purchase of another ticket to Romania as he missed his flight.

JPears

No sorry. This was an ATC issue, so no claim under reg 261/2004.

NoviceAngel

It's surprising that J2 are still fighting like hell on some of these lost cases and yet are paying out others without legal action, talk about inconsistency there all over the place, boy it must be one hell of a place to work....

samwardill

JPears wrote: »

No sorry. This was an ATC issue, so no claim under reg 261/2004.

I disagree. I the regulation states "An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable measures had been taken." The question is about what reasonable measures should have been taken not who is at fault. I intend to pursue a claim against BA for the recent London City runway closure (which was an airport maintenance failure).

JPears

You are welcome to disagree, but in this case Belgian ATC/airspace shut down. For once, that is in almost all cases, an EC.

NoviceAngel

samwardill wrote: »

I disagree. I the regulation states "An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable measures had been taken." The question is about what reasonable measures should have been taken not who is at fault. I intend to pursue a claim against BA for the recent London City runway closure (which was an airport maintenance failure).

Good luck with that one!

The issue of blame and legal liability under EC261/2004 has been debated many times on here, and the option of the airline pursuing a claim against a third party always comes up, it's a very legal argument, not a blame or necessarily a common sense one.. My view has always been if a Solicitor (NWNF) won't touch it, then walk away.

Good luck with your claim and do let us know win or lose

111KAB

http://www.dailymail.co.uk/money/holidays/article-3108059/Proof-airlines-avoid-paying-flight-delay.html?ITO=1490&ns_campaign=1490&ns_mchannel=rss

samwardill

NoviceAngel wrote: »

Good luck with that one!

The issue of blame and legal liability under EC261/2004 has been debated many times on here, and the option of the airline pursuing a claim against a third party always comes up, it's a very legal argument, not a blame or necessarily a common sense one.. My view has always been if a Solicitor (NWNF) won't touch it, then walk away.

Good luck with your claim and do let us know win or lose

I'm going into this with my eyes open. I won two EC261/2004 claims myself against Air France & Swiss via UK small claims court. I have another claim against Aer Arran that was rejected by the Irish Air Regulator but is being progressed by https://www.EUdelay.co.uk. I will take my BA claim to the CAA and, if they do not support, to EU delay. If EU delay decline to progress it then I will give it up.