Compensation for delayed flights Discussion Area

Tyzap

Are we both reading this the same way.

I read the op as saying they were on the flight leaving London 2 hours late, causing them to miss the connection in Calgary. So yes, denied boarding but in Calgary, ie outside the EU

I don't think they were denied boarding on the original flight.

Vauban

Tyzap wrote: »

Are we both reading this the same way.

I read the op as saying they were on the flight leaving London 2 hours late, causing them to miss the connection in Calgary. So yes, denied boarding but in Calgary, ie outside the EU

I don't think they were denied boarding on the original flight.

"The plane supplied for the first leg of the journey was smaller than originally planned and some passengers were off loaded to another flight."

Tyzap

But the op was not one of them.

The op boarded the smaller aircraft and departed 2 hours late, resulting in missing the 2nd leg from Calgary.

richardw

Btw http://www.dailymail.co.uk/travel/travel_news/article-3526186/Thomas-Cook-told-bailiffs-IMPOUND-multi-million-pound-plane-unless-600-compensation-woman-s-22-hour-flight-delay-four-years-ago-paid.html

DIYBaldyman

Canning1 wrote: »

Hi there,

After chasing for 2 months for a response they have finally replied and said:

"We are very sorry about the delay that the flight referenced above suffered on its departure. The delay was caused by air traffic congestion on a previous stopover which for the company represented extraordinary circumstances......Concluding we would like to inform you that in the event of delay caused by extraordinary circumstances there is no economic compensation established."

I can imagine airlines just use 'extraordinary circumstances' for any flight delays in order to dissuade people from pursuing a claim any further.
Does anyone have any advice or experience with contesting a rejection?


Thanks for your time

Hi Canning,

If the airline are stating an incident that happened on a 'previous stop-over', 'extraordinary circumstances' are irrelevant anyway.

Don't waste your time with the C.A.A., they are just another delaying-tactic of many airlines. They may rule in your favour, but Airlines don't have to abide by them & ultimately they are funded by the airlines.

I have just successfully claimed against Thomas Cook (settled before having to take them to court) who had claimed 'extraordinary circumstances' for an incident that occurred on an earlier flight.

Please find & read 'Vauban's guide' - you should be able to find it by searching this forum. Look up the ruling from the Finnair v Lassoy Judgement, 4 October 2012.

Ruling 2 states “Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.”

Therefore a delay to any flight (even if it is caused by an ‘extraordinary circumstance’) which then causes later flights to be rescheduled, cannot give grounds for exempting an airline to compensate passengers of any subsequent rescheduled flights.

Now bear with me as there is more, because the above ruling refers only to denial of boarding. So, when putting together your claim you will also need to refer to the Sturgeon v Air france Judgement, 19 November 2009 (also listed in Vauban's guide):

“Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.”

Therefore a delay in excess of 3 hours must be viewed in the same context as a cancelled flight / denial of boarding.

This is a clear-cut case of the airline using delaying tactics. If the airline has a UK office, and if you are ultimately prepared to take them to a small-claims court (although hopefully it shouldn't come to that), I would suggest that you fully read & understand Vauban's guide, then send a 'Letter Before Action' to the airline using Vauban's template & also include the text I've put above referring to the previous Judgements.

You'll then have to wait for a response from the airline, they may still reject your claim & wait for you to commence court action (can all be done online for around £80).

As an alternative, or if the airline doesn't have a UK office, pass your details to a No-Win, No-Fee solicitor, as it is a straightforward knock-on delay they should be more than happy to take it on, but will charge you 27% plus a €25 per-passenger admin fee.

On Bott & Co solicitors website there is a quick flight-check tool where you can enter your flight details & they let you know if they think you have a claim based on past history.

Also you should be able to find accurate flight information on flightstats website, although you'll possibly have to register & look up historical data.

Good luck & I Hope that helps !!!!

Vauban

Tyzap wrote: »

But the op was not one of them.

The op boarded the smaller aircraft and departed 2 hours late, resulting in missing the 2nd leg from Calgary.

Yes - sorry, you are quite right.

Justice13075

WHAT!!!!! I've had to lay down and contemplate the end of life as we know it. Vauban was wrong on something, as Victor Meldrew would say I DON'T BELIEVE IT. LOL. Seriously if it hadn't been for Vauban and other regular contributors on this site airlines would have got away with ripping off their customers.

UACLASSACTIONUK

I wish to inform the flying community that I am in the exploratory phase of bringing legal action, in the form of a class action suit, against United Airlines (UA) here in the UK. The suit is based on information acquired via various Freedom of Information (FOI) requests that I have filed with the UK Civil Aviation Authority (CAA) regarding UAs repeated refusal to pay compensation due under EC Regulation 261/2004. The suit is focused specifically on UAs repeated and persistent refusal to deny compensation if part of the total delay took place outside the EU. The CAA disagrees with UAs interpretation on this matter and the CAA has determined that a large number of passengers have had valid compensation claims refused by UA to date. EU case law is also quite clear on this matter and supports the position taken by the CAA on behalf of aggrieved passengers. Despite these efforts, UA continues to refuse compensation based on a self-serving misinterpretation of the law. This is just not right. Therefore, instead of taking my personal claim directly to UK small claims court, I thought it important to raise this issue to a higher level to ensure UA is held fully accountable. If you have had your claim for compensation under EC Regulation 261/2004 refused by United Airlines on the grounds that part of the total delay took place outside the EU and are interested in joining the class action, then please email details of your claim to: [email][/email] and I will get back to you with further details.

111KAB

Might be a better thread > https://forums.moneysavingexpert.com/discussion/4445417
plus PM individuals who have posted re UA on that thread AND there are various random threads re UA.
If you are serious re class action suggest it will involve a lot more research on your part on this and many other forums.
PS the CAA 'support' stands for very little/nothing.

Justice13075

PS the CAA 'support' stands for very little/nothing.

That much!!!!