Compensation for delayed flights Discussion Area

safsnowball

Hi Craigsup

I've recently sent TAP my NBA for the same flight as you. I'd be interested to hear more details of their part admission.

Craigsup

safsnowball wrote: »

Hi Craigsup

I've recently sent TAP my NBA for the same flight as you. I'd be interested to hear more details of their part admission.

Will do, out of curiosity, what response did you get from them regarding the technical issue with the plane?

I'm waiting to hear what their 'Part admission' is...Hoping to get that through the post today and find out what they've offered...I'm assuming they're trying to wiggle their way out of paying the full compensation?

safsnowball

Craigsup wrote: »

Will do, out of curiosity, what response did you get from them regarding the technical issue with the plane?

I'm waiting to hear what their 'Part admission' is...Hoping to get that through the post today and find out what they've offered...I'm assuming they're trying to wiggle their way out of paying the full compensation?

They didn't refer to the actual cause of the delay, just that it was "a problem that was encountered".

I think they were trying to avoid the phrase "technical problems"

I replied to them pointing out their omission and that I understood the delay had been caused by technical problems with the aircraft's refuelling system. Other than an automated response I have had no reply to this, hence my sending of the NBA.

Ryan23Watson

Hi All

New to forums so not sure where to post this. I need some help. I have used the resolver website for a delayed flight we had last year. It was from London to Bangkok via Dubai. The first leg was delayed several hours which meant we missed our connection to Bangkok and had to wait over 6+ hours. We booked the flights with an operator as one ticket. The first flight was listed as Emirates operated by Qantas. I understand it is your arrival at your final destination that is key. Below is the latest response. Do we have a case?

Thanks for your help.

Ryan

---

Dear Ryan,

Thank you for contacting us again.

I understand your journey to Bangkok consisted of two separate flights, the first being Qantas operated flight QF2 from London to Dubai, and the second an Emirates operated flight EK370 from Dubai to Bangkok.

Your flight with Qantas arrived in Dubai with a delay of 2 hours and 50 minutes. Compensation under EC261 does not apply for flights that are delayed less than 3 hours.

Qantas is not a Community carrier and Dubai is not a European port. This means that the European Regulations do not apply to flights that are departing Dubai. This is consistent with the UK High Court’s decision in Sanghvi v Cathay Pacific Airways that the European Regulation does not apply for missing flights outside the UK.

In Sanghvi, the passenger bought a return ticket from London to Sydney via Hong Kong with Cathay Pacific. The flight from London to Hong Kong was delayed, causing the passenger to miss their flight to Sydney. The High Court held the relevant arrival time for assessing compensation under EC261 was that in Hong Kong, not Sydney.

As you missed your flight from Dubai, and your Qantas flight was delayed less than 3 hours, the European Regulation is not applicable in this instance.

Caz3121

Plenty similar examples in the non-EU airlines thread. There is one success story with a US carrier with a delay under 3 hours into US missing internal flight, I believe the airline settled before court.
Best having a read of that thread and Vauban's guide re the court process

Luzor

Not sure if I'm posting in the right place. A year ago we were delayed for 5 hours due to technical problem (previous flight had puncture to front wheel requiring replacement). I'm taking airline to small claim court, hearing due on 31 December 2015. In their original submission (Defendant's Defence) the airline are flagging 'extraordinary circumstance' and safety issues.
Cut off date for filing of 'bundles' was 20 October. I sent my documents to Defendant and a copy to the court. However Defendant has not reciprocated to either court or myself.
Any ideas as to why airline would not submit documents which (presumably) they intend to rely on at the hearing?
Much obliged for any comments from you luminaries.

Vauban

Luzor wrote: »

Not sure if I'm posting in the right place. A year ago we were delayed for 5 hours due to technical problem (previous flight had puncture to front wheel requiring replacement). I'm taking airline to small claim court, hearing due on 31 December 2015. In their original submission (Defendant's Defence) the airline are flagging 'extraordinary circumstance' and safety issues.
Cut off date for filing of 'bundles' was 20 October. I sent my documents to Defendant and a copy to the court. However Defendant has not reciprocated to either court or myself.
Any ideas as to why airline would not submit documents which (presumably) they intend to rely on at the hearing?
Much obliged for any comments from you luminaries.

My bet is that the airline won't show for the hearing. They cannot rely on documents which they have not submitted, and they are well out of time. So if they don't show, you will get a default judgement. They may then try to set aside, or pay up, or ignore. In which case you should then seek to enforce the judgement. But let's not get ahead of ourselves ...

Vauban

Caz3121 wrote: »

Plenty similar examples in the non-EU airlines thread. There is one success story with a US carrier with a delay under 3 hours into US missing internal flight, I believe the airline settled before court.
Best having a read of that thread and Vauban's guide re the court process

I am aware of others who have won in these circumstances too, following the Folkerts judgement.

[Deleted User]

Hello Forumites

I am wondering if anyone would be able to tell me, based on the information I will presently provide, if I might be able to make a claim for a delayed flight.

I am in dire financial straits right now, so I'm desperately looking for any ways at all to get some money coming in--hence, finding this website.

I cannot follow the guides properly on what I should and shouldn't be doing, on account of my ADHD which makes a lot of it incomprehensible to me.

I don't want anyone to make the claim for me; i'm not asking that. I just want to know if anyone looking at this flight and info would be able to tell me if this was worth pursuing?

`Flight details:
Tue 27-Sep-11
Cardiff (CWL) Depart 17:25 to Amsterdam (AMS) Arrive 19:40 353 mi (568 km)
Duration: 1hr 15mn
Airline: KL KLM
Flight: 1064
Operated by: KLM CITYHOPPER
3Economy/Coach Class , Meal, Fokker F70
Amsterdam (AMS) Depart 21:15 to Cologne (CGN) Arrive 22:10 Terminal 2 142 mi (229 km) Duration: 0hr 55mn
KL KLM Flight: 1813
Operated by: KLM CITYHOPPER
3Economy/Coach Class , Meal, Fokker F70
Total distance: 495 mi (797 km)
Total duration: 2hr 10mn (3hr 45mn with connections


Flight was delayed at Cardiff airport, for reasons unknown. The weather was clear.
Initially, the plane was there on time, passengers boarded and were almost immediately made to leave the plane and go back to the boarding gate.
Then began a period of around 4 or 5 hours where we were told to go back to lounge, back to gate, back to lounge, back to gate...
Until eventually, they told us the flight was cancelled.
We were transferred onto a plane leaving the following day around noon (at least I think it was around noon), and were put up in the Holiday Inn (or whatever it was) for the night.

I'm not sure, but I think the next day's flight was also delayed. I'm not sure for reasons I shall elaborate on...
I know we arrived at the Holiday Inn late enough that the 'chef' was about to knock off for the night but said he'd cook one last 'meal' for me anyway (microwave fresh fish and chips). I know I was booted out of the room after not much sleep and my back gave out because of the uncomfortable bed.
It must've been later than noon because it was pitch black when we arrived in Amsterdam. I can't be certain but I think we were delayed again at Cardiff airport for a few more hours--I can't be certain because the combination of the lack of sleep and my back giving out made me sort of not mentally present. I do recall that it must've been around 8 or 9pm when I landed in Amsterdam, because I remember being the first at the gate for the exchange flight and looking at a big clock on the wall which was at around 8 or 9 pm. Whereupon the guy told me it would be there in half an hour. As I was brain-frazzled, hungry, in pain, and so damn tired, I went to the bathroom to freshen up for ten minutes. When I came back the flight had already left. The guy said he'd been calling my name over the tannoy. I told him he'd said it would be thirty minutes and I'd not even been gone 10! HE put me on a flight for the following day.

I know it must've been late at night when I arrived at Amsterdam, not just because of the big clock (which, in all honesty, might have been part of my brain-fuddled imagination) because all the shops were closed, all the vendors were shutting down, too. An hour later, there wasn't a single person in the airport. Not a one! No staff, no passengers, no one but me. A night alone in an airport with no food, the worst back pain i've ever had, severely sleep-deprived, and without any bags to get supplies out of... That was one rough night, I was freezing bloody cold, too, so took to wandering the place looking for a chair that wasn't deliberately designed to stop people sleeping in it through the use of strategically placed pointy, metal bits; I would've slept on the floor were it not for the little mice running about everywhere, who I took to conversing with and feeding my insipid, complementary airplane flapjack. I was actually glad of their presence; a well-lit building as big as an airport with nobody in it is quite a disconcerting place to spend the night. I was glad of the mice.

EDIT: Flight Stats has the first flight marked as Delayed 289 minutes If that helps?

Thanks. for reading.

111KAB

Len - you are likely to be in the €250 per passenger delayed category. If you feel unable to read and digest Vauban's Guide then you may have to use a no win no fee firm so instead of €250 you would end up with around €165 (ie c £120).
In first instance contact KLM and see if they will just cough up.