Compensation for delayed flights Discussion Area

legal_magpie

Mark2spark wrote: »

Anyone got any news / updates on this? (and the post above asks the same thing).
Interest no longer payable? What?

I can see no reason why, provided a claim for interest was validly made, the Court should refuse it. The questions for the Court should be:

1. Was the debt was due and payable at the time court proceedings were commenced? If the airline had paid up beforehand (without interest) the answer to the question would be "no"
2. Was a claim for interest properly made in the Claim Form and/or Particulars of claim?

If so, that should be end of the matter and I would be interested in seeing any written judgment to the contrary

Justice13075

All THE post says is that he/she was on the tarmac for 2 1/2 hours they could have been late getting back into the UK.

Watson

Justice13075, we were indeed delayed in arriving but not by twelve hours or more, so the travel insurance compensation was not payable.

Incidentally, every time I've tried to post in this thread I've received an error message, The message you have entered is too short. Please lengthen your message to at least 10 characters. Resending the exact same post has always been successful. Strange.

Justice13075

I'm talking about flight delay compensation. What time should you have arrived in the UK and what time did you actually arrive in the uk. Was it more than 3 hours

Watson

Ah, right. Scheduled arrival time at the gate: 6.35am. Actual time: 9.07am. Total delay: 152 minutes (2 hours 32 mins).

rawheeler

After reading the guide on MSE about rights to flight compensation for delays as far back as 2005 I decided to make a claim for a Ryanair flight from 2009 from which I was over 6 hours delayed on a flight from Palermo to London Stansted.
Here was the response I received :

We acknowledge receipt of your email dated 22nd January 2016.
Thank you for your correspondence in relation to a flight that was delayed more than 6 years ago.
When making a booking on Ryanair.com it is necessary for you to read and accept Ryanair's General Terms and Conditions of Carriage. Please may we refer you to Article 15 which clearly confirms claims for cancelled or delayed flights must be brought within six years of the booked date of travel (see below). Furthermore, this clause is in line with Article 35 of the Montreal Convention 1999, applicable to all customers carried by air.
15.2 LIMITATION OF ACTIONS
Any right to damages shall be extinguished if an action is not brought within six years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
Given that your claim is outside the permitted 6 years as per the above, we are not in a position to accept your claim.
We hope the above clarifies the situation.

Yours sincerely,
Ryanair Customer Service Department

From reading the MSE guide on this I considered the next step to be checking with the CAA, but upon filling in the online form I receive a message saying they only deal with flights departing from the UK!

Does anyone know if this clause from the 1999 Montreal convention is a valid 'get out' for Ryanair, since newer EU legislation has come into effect? Any advice on what to do next would be much appreciated.
Thanks,
rawheeler

Justice13075

28 minutes short of being able to claim.

Watson

Justice13075, Quite. Mildly annoying, but there you go... And praise to the Virgin cabin crew, who made the delay bearable and indeed almost enjoyable.

What is it with this error message thing? Every single time!

library_girl

Hi all, hope this is the right place to ask advice.

I went to Florida last Oct, and was delayed on my return trip. I was changing in Washington as planned, and arrived to check in for the last leg on 31/10 only to be told the plane was delayed until the same time next day. Lady at BA counter gave me voucher for a hotel, dinner and breakfast and said I'd need to check in at the same time the next day (1st Nov).

Went to hotel, discussed with other passengers and my family in the UK, and decided to get back to airport early in case I could get on an earlier flight back to Heathrow. Arrived at airport, only to find BA counter didn't open until 3pm (!!), poor lady at information counter had no information other than what was on the internet. Couldn't get through to BA on phone, general chaos, as the flight after ours was also delayed. Eventually got on a plane at 18:30 so 25 hours late, and arrived back in UK. I was travelling alone, and was not offered any food/sustenance at the airport, despite being told food and water would be provided at the gate (it was not). But on the plus side I discovered Chipotle!

Contacted BA via their website to ask about compensation, and had reply 1:

"Thanks for contacting us about your EU compensation claim regarding your flight BA0216 on 31 October. I apologise for the delay in responding to your concerns. I know how stressful it can be when your flight is delayed, especially as your travel plans had to be altered. I'm sorry for the problems caused.
Your claim’s been refused because BA0216 on 31 October 2015 was delayed because of aircraft damage, which wasn’t caused by us, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
We take all reasonable measures to avoid delaying a flight..." etc etc.

I'd been told at Washington by a member of staff, that the plane had been hit by a vehicle - I understand from research that this doesn't constitute extraordinary circumstances any more, so wrote back to BA and received reply 2 yesterday:

"Thanks for coming back to us about your EU compensation claim regarding your flight BA0216 on 31 October 2015.
I’ve reviewed your claim and as previously advised, your flight was delayed due to damage not caused by British Airways. The aircraft was damaged by a bird strike and needed immediate repair. This caused a flight safety shortcoming that had to be assessed by our Engineering team. I’m afraid this was out of our control and caused unforeseen disruption to our schedule.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight."

This is the first I've heard about a bird! Does anyone have any advice as to what to do next please - is it contact the CAA?

Yours gratefully, confusedly, and very peed off at having to spend 24 hours alone in Washington,
LibraryGirl

pjran

French ATC are on strike tomorrow. My son is stranded in Morocco, what are his rights please.