Compensation for delayed flights Discussion Area

DrA_Harrogate

Read Vauban's guide - googling it is easy tho' it is on the Forum. From what you say so far compensation seems to be payable so do your research and if you are convinced proceed. The first step would be to write to the airline saying they are liable and please pay up. If no joy it's nwnf ot MCOL. Good luck.

bigmig

Evening all,

Recently flew from Manchester - Frankfurt - Osaka.

Three hours late on departure from Manchester due to delay to inbound flight caused by a mechanical problem.

We then missed our connection to Osaka and were re-booked on the next days flight, thus arriving 24 hours late.

I have been offered 150 euros per passenger. Does this seem reasonable?

Many Thanks
Mig

Tyzap

bigmig wrote: »

Evening all,

Recently flew from Manchester - Frankfurt - Osaka.

Three hours late on departure from Manchester due to delay to inbound flight caused by a mechanical problem.

We then missed our connection to Osaka and were re-booked on the next days flight, thus arriving 24 hours late.

I have been offered 150 euros per passenger. Does this seem reasonable?

Many Thanks
Mig

Hi Mig,

No! under the terms of the EU261 regulations you are each due 600 euros.

See Vaubans great guide for details.
https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0

Please post anything further on the dedicated Lufthansa thread to keep things tidy.

Good luck.

111KAB

Jakal wrote: »

Hi,


I have applied for compensation, but I have been told that the original fault for the Shannon plane was due to a lightning strike which made the plane unsafe, and the interpretation I have been given from Stobart Air (the carrier) is
"there are number of exceptions to the passenger compensation payment of €250.00. One of the exceptions is where a flight is cancelled due to an aircraft being grounded due to damage being caused by a foreign object in flight. On the date you were due to travel we were unable to operate your flight due to the aircraft scheduled to operate your flight being struck by lightning on an earlier sector, which would possibly have had safety implications if we had operated without carrying out required maintenance checked meteorological conditions being incompatible to operate a flight safely. We would not be in a position therefore to offer monetary compensation at this time."

What I wish to know is would this be worth pursuing any further or am I being fobbed off?

Thanks for your help.

Lightning strike = valid claim .... see


http://www.businesstraveller.com/news/compensation-if-your-flight-is-struck-by-lightning


http://www.bottonline.co.uk/flight-compensation-latest-news/delayed-passengers-in-lightning-court-win-against-airlines#14.01.16

jokajiimaikaa

Hi guys,

I read Vauban's guide to try and find the answers I was looking for, but was unable to.

I recently applied for compensation with KLM for a trip from Manchester to Bangkok which took place in mid 2005. I was delayed by over 24 hours after getting stuck in Amsterdam. They did put me up in a hotel, but we had to go to The Hague which wasn't ideal. I ended up missing a business meeting in Bangkok at the time, which was really inconvenient. I wish I had known about this flight compensation stuff earlier

So I wrote to KLM via Resolver, and received the following response:

Dear xxx,

Thank you for your e-mail dated 11 January 2016 regarding the delay of flight KL1088 from Manchester to Bangkok via Amsterdam on 13 June 2005. I am sorry to learn that your schedule was disrupted.

You have filed a claim for compensation for this flight which was delayed 10 years and 5 months ago.

Please allow us to advise you that the European Court of Justice (ECJ) has ruled that the time limit for bringing claims for compensation under EC Regulation 261/2004 is determined in accordance with the rules of each Member State.

The time limit for filing these claims in United Kingdom is 6 years. Since your claim has been received beyond this time limit, please accept our sincere regret that we will be unable to process it.

Thank you for allowing us this opportunity to clarify our position in this matter. We do hope that we will have an early opportunity to serve your travel needs again in the future.



On Martin's page, it says you can claim back to 2005, but that doesn't seem to be the case from what I am reading. Is there any point in me trying to pursue this any further? Or should I just accept what they are saying and give up?

Thanks in advance

Caz3121

this has been discussed many times and the 2005 date is confusing
This is an EU regulation and different countries in the EU have different deadlines for court action
You make a claim to the airline and the airline will accept or deny your claim
If denied, your next step would be to take this to court
However, airlines will stick to the time limit in country as they know you can do nothing after that time
In Scotland this is 5 years after the from of the flight
In England and Wales this is 6 years from the date of the flight
The airline are correct, now they have rejected your claim, it is closed as there is nowhere else you can go....you would need to have commenced court proceedings within the 6 year limit

Jakal

Thanks for reply. I'll continue pursuit with this added information.:)

razorsedge

111KAB wrote: »

Lightning strike = valid claim .... see


http://www.businesstraveller.com/news/compensation-if-your-flight-is-struck-by-lightning

From the article:

Judge Clarke said: “I give no weight to it [the CAA’s list]. It is not legally binding. It is clear from its long list of deletions and amendments, arising from changes enforced upon it by decided cases, that the Civil Aviation Authority’s view on what should be considered extraordinary circumstances for the purposes of Article 5(3) has often been at odds with that of the courts. I cannot see that it helps me at all.”

Just brilliant.

Justice13075

CAA hope you had padding in your pants as you have just been given a right thrashing. Now get yourself a backbone and deal with the airlines.

111KAB

Justice13075 wrote: »

CAA hope you had padding in your pants as you have just been given a right thrashing. Now get yourself a backbone and deal with the airlines.

How can they? If they take a hard line with the airlines the airlines will stop supporting them and paying their wages. A ridiculous state of affairs which has been going on for years.