Compensation for delayed flights Discussion Area

richardw

Do you mean TOM 259?

mannie

richardw wrote: »

Do you mean TOM 259?

sorry yes it was tom 259

mannie

Cityboy wrote: »

It sounds as if your original flight was cancelled for some reason and you were then re-routed on the MAN flight the following day.

Seeing as it looks like the airline/tour operator looked after you (fed/accommodated you during the period of delay as well as organised a coah from MAN to BHX to get you to your final destination) you don't have any complaint in that area.

As this was a cancellation then you are entitled under Aricles 5 & 7 of Regulation EC 261/2004 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML) to compensation of 600 euros per passenger.

The airline may have a legitimate defence of 'extraordinary circumstances (Article 5.3 and Recitals (14) and (15) dependent on the reason for the cancellation but precedent case law (Wallentin-Hermann: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0549:EN:HTML) specifically excludes technical breakdown in most circumstances as a valid defence.

You will need to write to the airline asking them for the exact reason in writing for your flight's cancellation before you can decide what to do next. Airlines don't automatically pay out compensation and indeed usually force most claimants to a small claims court hearing before they pay up.

You might like to check if you have access to legal expenses cover on your household contents insurance policy or travel policy as this would make your claim rather easier for you to handle than be a litigant in person.

Thanks for the advice, we do have legal cover on our home insurance. Will let you know how we progress.

walrusoflove

dzug1 wrote: »

Your insurance company should pay a set amount for a delay of over 12 hours

I don't see you getting anything out of the airline - if it's an extraordinary circumstance nothing is payable and if it's not delay payments are on hold anyway.

Have a closer look at the tour operator's T&C - there may be a way there

The insurance company say we are not covered for delayed departure.

Unexpectedly, though, the tour operator sent me a letter enclosing a cheque refunding one seventh of the cost of the holiday, which seems very fair, especially since I didn't even have to ask for it. However, should this stop me from pursuing Monarch (however long it takes)? Cityboy, what do you suggest?

parrotbait

I'm looking for some advice about our cancelled flight and will try to keep this short...

My fiancee and I were due to travel on Aer Lingus flight EI905 on Sept 20th 2010 from Malaga to Gatwick. The flight was due to leave at 3.30pm local time and was cancelled at approx 8pm that night. We were put on a chararted flight the next day which left at approx 11am.

I wrote to Aer Lingus asking for the compensation entitled to us by (EC)261/2004. They responded approx 3 months later saying the flight was cancelled due to a technical problem and that "we are of the view that this cancellation was the result of extraordinary circumstances and no compensation is due".

I responded quoting the Wallentin case, that airlines shouldn't refuse to pay compensation because of technical problems and that we would require proof that the problem stemmed from en event beyond the control of Aer Lingus.

They replied with the following:
"The effect of the Wallentin judgement to which you refer, is that technical problems which come to light during maintenance of aircraft or on account of failure to carry out such maintenance do not constitute, in themselves, 'extraordinary circumstances'. However the Court did not rule out (and expressly stated) that technical problems are covered by 'exceptional circumstances' to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and beyond its actual control." They also said "I cannot accede to your request for a cop of the technical report as these documents contain technically and commercially sensitive information and are not for public use".

Are they correct in saying that we don't have a claim? Or just trying to put us off?

Any advice would be gratefully received.

Thanks.

parrotbait

Cityboy,

Thanks for your reply. I did think they were pulling my chain but it's good to have a second opinion! I'll send them another letter outlining your points and see where it gets me.

jamesh

Hi,

Last week (Sunday) my Thomson flight (TOM047) from Sanford Orlando, to LGW was delayed.

Total return departure delay was 7h20m leaving Orlando.

It lost further time due to a change of plane which required a fuel stop, but I think this irrelevant (total delay to arrival was 8h30)

The captain stated it was caused to a broken plane stuck in Barbados on Tuesday earlier that week, that was still there.

After reading through all the info, I believe I'm entitled to €600 per passenger, pending the appeal from the airlines in a few years.

My questions is, what should I write asking for in the mean time.

1) Official letter confirming the delay and the reason.

After that I think all I can do is wait for the judgement after that?

Thanks

richardw

jamesh wrote: »

My questions is, what should I write asking for in the mean time.

1) Official letter confirming the delay and the reason.

After that I think all I can do is wait for the judgement after that?

Thanks

Yes and if they say 'extraordinary' you can research a bit further.

RentonB

I'm looking for some advice.

I booked some return flights two weeks ago with bmibaby - the flights were for 26 of us going to Munich in the summer. All was confirmed, but then bmibaby cancelled the flights on Wednesday with no explanation - it looks as though they have pulled this route completely for June to August. Their terms and conditions state that they are not liable for any direct or indirect costs (I've booked non-refundable hotel rooms) as it's over 14 days notice of cancellation. I've since booked new flights with easyJet (which are more expensive than two weeks ago when I checked before booking with bmibaby!), but my question is are they just allowed to do this? Surely advertising and selling flights, and then cancelling them with no good explantaion is not only shocking business practise, but also false advertising?

I've sent a letter of complaint, but expect to get the standard response. Does anyone else have a similar experience?

Thanks

RentonB

Thanks for the quick response Cityboy.

The thread you directed me to certainly makes interesting reading, and I'm encouraged to pursue some form of financial compensation from them (the difference in price between the flights is a reasonable sum over 26 people). I would have liked to have held on for a response before booking new flights, but couldn't chance the cost increasing even more whilst I waited.

For now I will await a reponse to my letter, and in the meantime look into contacting the AUC. As you said to Brenda, persistance is key, as they will most likely bat away the majority of claims and not hear any more.