Compensation for delayed flights Discussion Area

htb

last month our flight (United) from LHR to Norfolk Virginia (changing at newark) was delayed at LHR for 1.5 hrs which meant we missed the connecting flight (also united all booked at the same time). They put u son the last flight out of Newark (also delayed) and we arrived at Norfolk 6 hours late. First email I get offers vouchers because the first leg was only 90 mins late. I invited them to review the detail, (as on the flight check log site, it doesn't say anything untoward to lead me to think it was force majeure) we were told at the time they missed their slot.... and now they have come back with the following reply - they don't explain what exactly was the reason for the delay that they categorise as 'force majeure' .

9th September 2015 at 19:16

Dear

We have again reviewed your request for cash compensation and found that
we complied with all the applicable regulations at the time of your
flight.

I understand that the delay was, at best, very frustrating and truly
regret you were disappointed. Please let me explain why cash
compensation is not applicable under European Regulation EC261/2004.
Because all routine preventative maintenance actions were performed on
the aircraft as scheduled, and the extended delay could not have been
reasonably predicted or avoided, the event is considered force majeure
and exclusionary to the mandatory compensation rules.

Please know that our legal department carefully reviews each of these
matters with our system and technical operations groups to ensure we are
in full compliance with the appropriate legal standards. Although the
cause of the irregularity was extraordinary and unable to be avoided, we
did what we could to minimize it, and have nothing further to advise at
this point.

Because we do recognize that your flight plans were negatively impacted,
as a tangible gesture of our regret, we sent you an electronic travel
certificate valid toward a discount on a future United Airlines flight.

Although additional compensation is not forthcoming, we sincerely hope
that you will choose to fly with us in the future.



They haven't told me in their 3rd email what the reason for the delay was which they classify as out of their control, and have rejected my claim and stated they have closed the matter. Do I refer to the CAA? or is there no case to answer?
How to respond please?


UPDATE: within the course of any hour I had email 3 (above), I asked the reason for delay - no response but an email saying they will not correspond further, I have just received another email (via resolver) with vouchers amounting to 300 dollars each passenger (1200). Why would they send that "good will gesture" ? If they are confident I am not entitled to anything - they don't normally do things like this for good customer service! How to respond?

JPears

You are correct, if they are sure you don't qualify, why offer a considerable, but not full amount?
Ask for the full amount, in cash, due to you under reg 261/2004. Make the next letter your final one and mark it as an NBA then start legal action after your notice period, or hand to a NWNF firm such as Botts. Other solicitor firms are available.

suzannestaite

Hi
Can Monarch tell me I am out of time due to their delays??? My flight was 19th April 2009, I submitted my original claim on 30th October 2012 and then resubmitted it for appeal in November 2014, I have been waiting for a reply since this time and have now received the below:


Thank you for taking the time to contact us in respect of your flight.

Firstly please accept my apologies that you were previously sent details of the wrong claim. This is due to an admin error when your claim was entered into our database.

You may be aware your claim for compensation pursuant to Regulation 261/2004 is a claim for compensation due under a legislative provision. The Limitation Act provides that, in relation to a claim for compensation under a legislative provision, any claim for compensation must be brought (that is, proceedings issued) 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 of which you complain.

I am aware that you have submitted your claim within the six year time period however passengers need to ensure that if they are not happy with the outcome of their claim or the time that its taking to be settled; court proceedings need to be issued against us to ensure your claim does not go out of time.

Unfortunately as this did not happen we are unable to process your claim for compensation. The next course of action should you remain dissatisfied with the outcome is to contact the CAA or issue a small claim court. However as I’m sure you will appreciate, in accordance with the limitation act this will exceed the deadline imposed.

Can Monarch do this given that it's their delays that have caused my claim to be out of time?

Caz3121

suzannestaite wrote: »

Can Monarch do this given that it's their delays that have caused my claim to be out of time?

yes, many airlines have played the delay games hoping that claimants will give up or run out of time
Now they have responded there is nothing else you can do as you would needed to have commenced court proceedings within 6 years of the flight
when you submitted in Nov 2014 there were less than 6 months, so the action should have been to give NBA then start court proceedings if nothing heard back within the advised timescales rather than wait 10 months+

Vauban

suzannestaite wrote: »

Can Monarch do this given that it's their delays that have caused my claim to be out of time?

Yes they can, and yes they have. Truly poor behaviour on their part - and I hope you don't use them again. But really what did you expect?

lerougegorge

Hi - I was delayed on a flight for which I would be entitled to compensation. I would probably go through EUClaim as I don't have time/energy for the letters involved.

I would receive about £150, for a ticket that cost £120. My question - is it worth just calling the airline (EasyJet) to request a refund instead? They would pay less, I would be happy. Or could this affect my chances of a successful claim later on?

Vauban

lerougegorge wrote: »

Hi - I was delayed on a flight for which I would be entitled to compensation. I would probably go through EUClaim as I don't have time/energy for the letters involved.

I would receive about £150, for a ticket that cost £120. My question - is it worth just calling the airline (EasyJet) to request a refund instead? They would pay less, I would be happy. Or could this affect my chances of a successful claim later on?

There is no legal basis to get a refund, as opposed to the fixed level of compensation (which is meant to compensate for time lost, rather than the price of the ticket). But nothing to stop you writing to Easyjet as you suggest. You might try a normal claim in the first instance - as Easyjet do often seem to pay up these days without rancour.

richardw

Anybody elee see Simon Calder's wrong advice on BBC breakfast at 9.48am today?

Vauban

I missed it. But a rather good, short article in the Economist. The last sentence is spot on!

http://www.economist.com/blogs/gulliver/2015/09/delayed-gratification

richardw

richardw wrote: »

Anybody elee see Simon Calder's wrong advice on BBC breakfast at 9.48am today?

For those who missed it.

A viewer asked about delays caused by the ground handler truck colliding with the aircraft, Simon said this was extraordinary circumstances, obviously forgetting about the principal and agent relationship that exists between airline and ground handlers.