Compensation for delayed flights Discussion Area

Caz3121

separate ticket and separate contracts mean you carry the risk of things like this
No EU compensation is due as more than 14 days notice has been given
You could ask Royal Air Moroc to switch your flights on the original date - there is an option via Casablanca on their website....have you already accepted the flights on the 4th?
Alternatively you could ask for a refund on the flights and book elsewhere (assuming you have not accepted the new date)

Charlene6

Hi all,

I recently have been in contact with Jet 2 regarding compensation for my flight which was delayed by over 3 hours on 5th September 2015. The were delayed by about an hour before we were even allowed on the plane and then upon boarding the plane we were told that there was a fault with the door, we then waited just under 2 hours on the plane where the cabin crew and the pilot repeatedly explained that we were delayed due to a fault with the door. The engineer's managed to fix the door and we were on our way. Upon arriving at Dalaman airport we were over 3 hours late.

I initially contacted Jet 2 who got back to me saying that the delay was an extraordinary circumstance and therefore they wouldn't be paying compensation. I replied again stating that we were told the delay was due to a technical fault and as the new ruling states from the previous court case - a techincal fault is not an extraordinary circumstance. I also contacted the Civil Aviation Authority and asked them to look into the case for me.

I received an e-mail back from the CAA who advised that upon looking into my case they have found no extraordinary circumstances for the delay and have advised Jet 2 that they are liable to pay the compensation. Unfortunately as they are not an ombudsman they can't force Jet 2 to pay the compensation claim. I therefore contacted Jet 2 AGAIN and copied in the correspondence from the CAA. I received a letter back from Jet 2 at the weekend again stating that the delay was due to air traffic control restrictions (which is not true) and they would not be paying compensation!!

I know the next step would be a small claims court however i do not want to be out of money for this. I feel angry that Jet 2 are refusing this claim even when the CAA have advised they should be paying out.

Why are they getting away with this??

Richard_Veasy

Can anyone at MSE explain the source for delay table in the delayed flights article please? I cannot seem to verify the €300 compensation level i.e


3-4 hoursFlights between an EU and non-EU airport, 3,500km+ eg, London to New YorkNo€300 (£230)

.... which I cannot find mentioned in the Regulation (EC) No 261/2004 page (sorry site does not permit me to post the links) or the Europa.eu website (again no links allowed). Am I reading out of date euro info perhaps? Is there a newer version. Any help would be appreciated.

Swansea_Mel

Would be grateful for any assistance.


My flight was cancelled 35 minutes prior to take off and operational reasons were cited. I was re-booked to an alternative flight, but a different airport the flight landed at Heathrow the same time as my flight was due to land at Cardiff. A bus was then arranged to transport the affected passengers to Cardiff airport, where we arrived 3 and a quarter hours later than expected.


Am I able to claim compensation?

David_e

Swansea_Mel wrote: »

Would be grateful for any assistance.

My flight was cancelled 35 minutes prior to take off and operational reasons were cited. I was re-booked to an alternative flight, but a different airport the flight landed at Heathrow the same time as my flight was due to land at Cardiff. A bus was then arranged to transport the affected passengers to Cardiff airport, where we arrived 3 and a quarter hours later than expected.

Am I able to claim compensation?

I would think so (although I am a bit rusty)

Start here:

https://forums.moneysavingexpert.com/discussion/4896454

Not sure if Aer Lingus has its own thread so maybe have a look here too:

https://forums.moneysavingexpert.com/discussion/4445431

JPears

Swansea_Mel wrote: »

Would be grateful for any assistance.


My flight was cancelled 35 minutes prior to take off and operational reasons were cited. I was re-booked to an alternative flight, but a different airport the flight landed at Heathrow the same time as my flight was due to land at Cardiff. A bus was then arranged to transport the affected passengers to Cardiff airport, where we arrived 3 and a quarter hours later than expected.


Am I able to claim compensation?

Yes, different airport and or 3+ hours to your original destination = claim

razorsedge

Richard_Veasy wrote: »

Can anyone at MSE explain the source for delay table in the delayed flights article please? I cannot seem to verify the €300 compensation level i.e


3-4 hoursFlights between an EU and non-EU airport, 3,500km+ eg, London to New YorkNo€300 (£230)

.... which I cannot find mentioned in the Regulation (EC) No 261/2004 page (sorry site does not permit me to post the links) or the Europa.eu website (again no links allowed). Am I reading out of date euro info perhaps? Is there a newer version. Any help would be appreciated.

Here is a link to the regulation:
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0261

The regulation itself has not been updated (yet) but its interpretation has changed following various court cases.

The regulation itself does not specifically mention cash compensation for delayed flights but subsequent European Court cases (Sturgeon & Tui) stated that passengers suffering long delays should be entitled to cash compensation as if their flight had been cancelled.

Sturgeon case (paras 61 & 63 are the most relevant to the OP's question):
http://curia.europa.eu/juris/document/document.jsf?text=&docid=73703&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=520404

Article 7 of EU261-2004 provides the amounts for compensation payable for cancellation (and post Sturgeon long delay - Vauban's phrase that one) and specifically Article 7 (2) (c) contains the clause you are looking for to give a 50% reduction for long haul flights outside the EU delayed between 3 and 4 hours.

JPears

Richard_Veasy wrote: »

Can anyone at MSE explain the source for delay table in the delayed flights article please? I cannot seem to verify the €300 compensation level i.e


3-4 hoursFlights between an EU and non-EU airport, 3,500km+ eg, London to New YorkNo€300 (£230)

.... which I cannot find mentioned in the Regulation (EC) No 261/2004 page (sorry site does not permit me to post the links) or the Europa.eu website (again no links allowed). Am I reading out of date euro info perhaps? Is there a newer version. Any help would be appreciated.

It doesn't. reg 261/2004 only refers to cancellation or denied boarding - however Sturgon v Condor clarified that it also includes delay. See Vauban's guide.

111KAB

The Martin Lewis Money Show 12/02/16
ITV
Martin Lewis Money Show: Episode 10
From 8:00pm to 8:30pm
Martin Lewis and Saira Khan offer more money-saving tips including how to fight to get compensation for delayed flights etc.


Not always the best or accurate information (read Vauban' Guide for that) however it may assist some newbies.

111KAB

http://www.travelweekly.co.uk/articles/59511/ecj-breached-its-remit-by-backing-air-delay-payouts