Compensation for delayed flights Discussion Area

rosiejb10

I was delayed, along with 3 children at Palma, Mallorca to Luton, for more than 3 hrs. These things happen but I made a claim for compensation, not only because of the delay, but because of the disgusting way staff treated passengers & their lack of care towards my diebetic son. ( no food or drinks supplied) The delayed flight was in Oct 2007 & I 1st made a claim in Feb 2013, within the 6 yrs limitation. Monarch replied that the delay was due to mechanical problems & therefore exraordinary circumstances & told me I couldn't claim. It then came to light that airlines couldn't claim that certain mechanical failures weren't extraordinary circumstances so I pursued my claim. Monarch put my claim on hold whilst Jet2 (I think) tried to appeal & to wait for the outcome of that. Monarch didn't get back to me so I contacted them. They then claimed that I was passed the 6 yr limitation & I could not make a claim. I began my claim before 6 yrs. I was denied compensation due to Monarch giving me the incorrect information & then having to wait for the outcome of the court appeal & then having to chase them up because they kept ignoring me. They have been using my original claim number that I was given back in Feb 2013 so apparently my claim is still open. I made a complaint to AESA & received this reply. I don't quite understand it. I think I can pursue my claim but am a little confused by the jargon! I'm an average citizen with average intelligence but no matter how many times I read it, I just don't get it!! Help!!....please

We refer to your complaint with regards to the incidents happened on 27/10/2007 fight number ZB 0871 Palma Mallorca (Son Sant Joan Airport) - London (Luton Airport) with MONARCH AIRLINES. With the aim of handling your complaint we requested the air carrier, on 20/4/2015 to provide us with a report with reference to the facts exposed in your letter.

.On 21/4/2015 we received the report requested wherein the air carrier states that the flight that is subject to this complaint would not be liable for compensation due to the claim for compensation pursuant to Regulation 261/2004 is a daim for compensation due under a legislative provision. The Limitation Act provides that, in relation to a claim for compensaüon under a legislative provision, any claim for compensation must be brought within 6 years of the date that the cause of action accrued, which, in this case, is the date the relevant flight arrived at its destination. In this case, more than 6 years have elapsed since the flight which Mrs. Rosie Barker is complaining about, therefore MONARCH AIRLINES would not agree to process a daim.

In this regard the Air Safety State Agency informs you that pursuant the Judgment of the third Chamber of the Court of Justice of the European Union on November 22, 201 2, Regulation EC 261/2004 must be interpreted in the sense that the deadline for the exercise of the actions claiming compensation stated in this regulation must be determined in accordance with the rules of each Member State on the prescription of the action being nafional rules whid'l known the case.
After studying all the allegations and evidence received from all parties, we herein inform you that in case of long delay of a flight, the operating air carrier shall offer to the passenger.
1. Right to care
Meals and refreshments in a reasonable relation to the waiting time
Hotel accommodation in some cases
Transport between the airport and place of accommodation
Two telephone calls, telex, fax messages or e-mails
As stated in your complaint, assistance vouchers were offered during the wait. Nevertheless, if you have incurred in extra expenses, you should send the invoices to the air carrier for their reimbursement.
2. Reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part parts of the journey not made, when the delay is at least five hours. Reimbursement of the ticket only in the case that you decide not to fly.
In this case, the reimbursement of your plane tickets does not proceed because you finally flew.
3. Compensation
EC Regulation 261/2004 in Mcle 6 does not expressly provide compensation for cases of delay in departure of flights as it does with the case of flight cancellations.
Nevertheless, we inform you that, pursuant to the Judgment of the Court of Justice of the European Union of 23 October 2012 In joined cases C-581/10 and C-629/10, the passengers affected by a delay should be compensated under the terms laid down in Article 7 of Regulation No 261 / 2004, when they reach the final destination three or more hours after the originally scheduled arrival time from the carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.
Bearing in mind the aforesaid; AESA considers that the airline has not proved the concurrence of extraordinary circumstances in this incident that would prevent the airline from paying compensation pursuant to Regulation (EC) No. 261/2004. Accordingly, AESA considers that the air carrier should pay you compensation for the amount of 250 Euros per passenger because the distance between Palma Mallorca and London is less than 1.500 kilometers (1.391 KM).

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation. To this respect, we inform you that the Montreal Convention* developed in the Community by Regulation 2027/97", states that the carrier is liable for damage occasioned by delay in the carriage by air of passengers and that the liability of the carrier for each passenger is limited to 4,694 Special Drawing Rights (SDR)***, but no automatic compensations are provided. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
As stated in the Montreal Convention, any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business .
We inform you that we are sending copy of this letter to the involved company.u

111KAB

rosiejb - you are out of time - Monarch have strung you along so as to push you beyond the 6 year claim (court) period. Happens frequently and basically there is nothing you can now do.

Awaythelads

Has anyone else come across this problem.

We travelled with Thomas Cook from Manchester Airport to Cuba back on the 5th May 2011. On arrival at the airport we were issued with a letter informing us that the flight was delayed and we were entitled to both breakfast and lunch vouchers.

We have now tried to put in a delayed flight claim but Thomas Cook are stating that the delay was not over the 3 hour set time; wish I had retained the letter.

According to Thomas Cook, they had carried out their initial investigation and we had not travelled (we produced the booking form), then the flight was not delayed at all (we asked why we had received vouchers), then it was not delayed over 3 hours.

When we asked for an actual time the plane took off they refused to provide it and told us to contact CAA, but when we did, CAA informs us that Thomas Cook, do not have to provide them with this detail either.

Surely this must be a matter of public information, does anyone know of a data base where we can look this information up, or has anyone else been on that flight on the 5th May and managed to obtain the compersation we are entitled to.

Hope you can help.

Thanks

JPears

Flightstats is your friend - you will need to register, for free. (as is Vauban's guide)

Justice13075

Are you sure it was 5th May 2011 as flight stats is not showing any Thomas Cook flights to Cuba from Manchester on that day

supersaverg

supersaverg wrote: »

My letter has just gone out & online form & email to Stelios!


Flight was meant to arrive at Paris Charles De Gaulle @ 18:30pm but didn't get there until 11pm, following an obviously long delay.


What makes it worse is my return flight was the very next day at 12:40 in the afternoon. Gives a new meaning to whistle stop stay!


Meanwhile, we missed the dinner we flew out for, ruined the special event and came home exhausted. I am so irritated I cannot put it into words.


easyJet my a**.


Will keep all posted as to my progress.

So, here I am, exactly 1 month since my letter was sent (MSE template) to easyjet. No reply.


No reply to their email ''contact us'' form either, other than automated generic receipt of concern email reply.


Any advice on where to go now?


Any magic contact details to use?




Thanks in advance for you help.


Yours,




Frustrated.

Caz3121

supersaverg wrote: »

Any advice on where to go now?

Vauban's guide, NBA, Court and the Easyjet thread

djn023

Hi,

Can anyone advise me which Airline I should make a claim to regarding a recent flight that I was on that was delayed for over 9 hours?

We booked the flight on Monarch Airlines website and didn't realise that:

a. The fight was actually a charter flight, and not a scheduled flight.
b. Monarch don't do charter flights any more and so the booking is passed onto another carrier, which in this case was a Polish Airline called Enter Air.

Do we claim off Monarch for being the Company that took our booking, or off Enter Air for being the carrier? (I would presume the latter, but I'd just like to confirm this)

Thanks.

JPears

Enter air is your target.
Did you depart from an EU country/airport?

djn023

JPears wrote: »

Enter air is your target.
Did you depart from an EU country/airport?

Thanks,

Yes, it was from Manchester to Kefalonia.

We actually took off initially about 15 minutes late, but there was a problem with the plane and we had to circle for 2 hours before we landed again. The communication to the passengers was shocking - we weren't really sure what the problem was and only overheard a stewardess tell someone that it was with the landing gear. There was no official announcement about what the problem was or the severity of it - they just said it was a "technical fault" over the tannoy. Consequently, when we were coming into land, we expected the worst, but weren't told whether or not to adopt the brace position.