Compensation for delayed flights Discussion Area

Tyzap

Gemstd27,

It doesn't look like you are due any compensation. It sounds like your delays were all weather related. Had you been on a BA flight back to UK then things could have been different, depending on the exact reason for the delay and how they looked after you.

For the future, and if at all possible, it would have been better to book BA flights all the way. Their booking engine shows which flights are operated by a different airline and it can be a bit confusing. So long as you are on a European airline you are covered by the EU regulations.

Good luck.

111KAB

Whether you like or dislike the Irish carrier they are effected more than the 'others' by the recent strike (January 2016) in France.


Whilst the strikes in France (and other countries) generally ensure you should receive a duty of care they exempt the airline from paying 261/2004 compensation.


The cost to the airlines - duty of care and lost revenue - is vast and on the assumption you do not sympathise with those striking the following link refers to a petition established by Ryanair. If there are enough signatories the matter will be referred to the EU. Will anything happen? Who knows however you may feel it a case of nothing ventured nothing gained particularly if a (French) strike has effected your flight/travel.


http://corporate.ryanair.com/news/news/160125-ryanair-calls-for-immediate-action-as-french-atc-workers-call-40th-strike-since-2009/?market=en

Carl_livesey

Please can anybody help we had a delay on a flight from Manchester to Zante in the summer of 10 hours we complained within a few days via email they corresponded saying they would have a look and get back to us that was back in august 2015 but not heard anything since any suggestions thanks

Caz3121

Carl_livesey wrote: »

any suggestions thanks

If you want to proceed then issue NBA then, if they do not respond in the time, commence court proceedings
https://forums.moneysavingexpert.com/discussion/5173888

AnyaJB

Hi, I'm hoping someone can give me any information on our rights to compensation hopefully from your own experience. After reading lots of conflicting information I'm very confused!

On 27/12/15 my husband and I flew from Heathrow to Koh Samui, via Kuala Lumpur. When we arrived at check in we were told that our flight was delayed meaning we'd miss our connecting flight and so would be spending a night in Kuala Lumpur. The Heathrow flight was delayed by 1 hour 23 minutes and we arrived in Kuala Lumpar 2 hours 18 minutes late. At Kuala Lumpur we found out some passengers were getting a flight that same day, and some were being taken to a hotel and getting the same flight as the original, but the following day. We can only assume it was random allocation as to who went where. We had no choice, we were staying the night. Overall due to the initial delay were arrived at our final destination 24hours late.

After reading several pages, including money saving expert and regulation EC261 and trying to decipher all the terms used and what they actually mean, I'm non the wiser. I've begun a claim using the resolver tool but Malaysian airlines have responded saying we're are not entitled to compensation because we arrived in Kuala Lumpur with less than a 3 hour delay. However, I've read in several places that it's the time you arrive at your final destination. (The phrase 'final destination' pops up in the regulations too.) Our flights were booked under a single booking (on a single ticket), but were with different airlines (the first flight was Malaysian airlines and our second missed flight was Bankok airlines).

I want to respond to Malaysian airlines but want to get my facts straight first. Any advice would be greatly appreciated!

gmrsupplies

legal_magpie wrote: »

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

To quote from the General Form of Judgment or Order posted to me:


IT IS ORDERED THAT


1. Judgment for £2320.50 and Court fee of £105
2. Claim for interest disallowed as there is no entitlement to interest on delayed flight regulations compensation
3. NOTICE TO PARTIES
This order has been made without a hearing...


The fact that the flights in question were over 4 and half years ago I was looking at quite a princely sum for interest but hey ho.

Caz3121

AnyaJB wrote: »

After reading several pages, including money saving expert and regulation EC261 and trying to decipher all the terms used and what they actually mean, I'm non the wiser.

Vauban's guide is the place to start https://forums.moneysavingexpert.com/discussion/5173888
You will find details of the Folkerts Judgement
The key piece of information that is currently missing in your post is the reason for the delay from London (not all delays mean EU261 applies) but if you put your details in the Bott & co website, including the connecting flight change, it does show €600 due so I am assuming it was not weather or ATC

legal_magpie

gmrsupplies wrote: »

To quote from the General Form of Judgment or Order posted to me:


IT IS ORDERED THAT


1. Judgment for £2320.50 and Court fee of £105
2. Claim for interest disallowed as there is no entitlement to interest on delayed flight regulations compensation
3. NOTICE TO PARTIES
This order has been made without a hearing...


The fact that the flights in question were over 4 and half years ago I was looking at quite a princely sum for interest but hey ho.

While I agree that while there is no right to claim interest under the regulations as such, the Claim for interest is made under the County Courts Act. I consider the decision to be wrong but would want to see a reasoned judgment. I would seek a hearing and if necessary appeal

AnyaJB

Caz3121 wrote: »

Vauban's guide is the place to start
You will find details of the Folkerts Judgement
The key piece of information that is currently missing in your post is the reason for the delay from London (not all delays mean EU261 applies) but if you put your details in the Bott & co website, including the connecting flight change, it does show €600 due so I am assuming it was not weather or ATC

In Malaysian airlines response they say that the delay was due to 'staff timing issues and air traffic control' which I'm taking to mean they are at fault. Folkerts judgment uses another phrase I've already come across 'directly connecting flights' which I'm unsure as to the meaning of this too! As we booked both flights together, under one booking reference and so 1 ticket (but separate boarding cards), is this classed as directly connecting. Or would both flights have to be with the same airline? As I said previously ours were different airlines.

I want to make sure I know exactly what everything means before going back to Malaysian airlines and getting shot down if I've misinterpreted anything.

Thanks!

JPears

AnyaJB wrote: »

In Malaysian airlines response they say that the delay was due to 'staff timing issues and air traffic control' which I'm taking to mean they are at fault. Folkerts judgment uses another phrase I've already come across 'directly connecting flights' which I'm unsure as to the meaning of this too! As we booked both flights together, under one booking reference and so 1 ticket (but separate boarding cards), is this classed as directly connecting. Or would both flights have to be with the same airline? As I said previously ours were different airlines.

I want to make sure I know exactly what everything means before going back to Malaysian airlines and getting shot down if I've misinterpreted anything.

Thanks!

The "connecting flight issue" is a tricky one, grey area in terms of law. If Bott are willing to take it on leave it with them/ Bettr a rcentage of somthing than a whole lot of nothing if you have legal issues/difficulties?