Compensation for delayed flights Discussion Area

legal_magpie

I have a potential delay claim against Thomson. We were delayed for 21 hours including an overnight stay in a hotel on another of the Canary Islands (albeit only 3 hours sleep). I won't bore the readers with all the details but it was shambolic and I have drafted a letter of complaint.

I was going to include a claim for delay under regulation 261/2004 but I gather airlnes are refusing to pay any claims for delay because of the appeal in Sturgeon. We didn't lose any money but it was frustrating especially as we had expected to be at home on the Sunday ready for work the next day.

As very long standing customers of Thomson's we'd probably be happy with money off a future holiday but if we are entitled to compensation under the regulations, I don't see why we shouldn't claim.

Is it worth while making the claim and seeing what response we get?

Many thanks

legal_magpie

Vern58 wrote: »

If I lose in the small claims court, how much in costs am I likely to be liable for?

Only very limited costs are only awarded in the small claims courts in the vast majority of cases. For a substantial award of costs to be made against you, the Court must find that you were guilty of unreasonable conduct pursuant to Civil Procedure Rules 1998 27.14 (g). There is a high threshold test and I would have thought it unlikely that an order would be made unless you refused what the Judge considered to be a reasonable offer of settlement and in particular failed to recover more than the offer.

JPears

From post #1139

Reply I received from Jet2:

Thank you for your letter received by us on 25 February 2011.
We would like to sincerely apologise for any inconvenience caused as a result of the
delay to your recent flight from Chambery. Whilst we understand our customers want
prompt and punctual starts to their journeys, we hope that you will appreciate the safety
of our customers is of paramount importance to us. Occasionally, as with all airlines,
circumstances beyond our control can occur which prevent us from departing as
planned, as happened on this occasion. Your delay was due to a technical problem with
the aircraft due to operate your flight which required immediate attention, this had a
knock-on effect to the departure your flight. We pride ourselves on having a very high
On Time Performance record and always do our utmost to ensure our flights depart and
arrive on time.
Jet2.com is a non-refundableairline and we do not refund the cost of flightsewhich have
already flown. The refund to which you refer, is following a 5 hour delay when a
customer chooses to make alternative travel plans or where the second part of a
connecting flight is cancelled or delayed and the customer is returned free of charge to
their original departure airport.
We would always refund the cost of the flight for those customers who decided not to
travel after a flight delay of more than 5 hours, if they wished to make alternative
arrangements. According to our records you flew on the delayed flight and we are
therefore, unable to refund your fare as you have requested.
We have noted you believe that you wish to pursue a claim for compensation. Your flight
was delayed, not cancelled, and in line with EU Regulation 261/2004, compensation is
therefore not applicable. However, we are genuinely sorry for the poor experience and
inconvenience caused to you as a result of this delay.
Once again, we apologise for any inconvenience caused by this delay and we do hope we
can look forward to welcoming you on board a flight with Jet2.com in the future.

Travis Wilcox
Customer Service Co—Ordinator

Is it me or have they got their interpretation of EU regulation 261/2004 completely wrong?

I think another letter pointing out their critical mistake is in order.
Then off to Which? legal for the heavy guns!

They have also got basicv information wrong. The fault needed at least 2 attempts before it was fixed. The pilot actually told us that he could have left Leeds for Chambery even with the fault but then he wouldn't be able to leave Chambery (our flight) until the fault was fixed. But Jet2 don't have an engineer based in Chambery. Well that's their choice so it is not beyond their control!

johannab

hi,

I have tried to look for something to my case in this thread but a lot of peoples cases are for 24 hour delays,mine is a lot less than that.

I wonder if anyone has any advice on this;We had a 4.5 hour delay with Thomsons...the flight was Gatwick to Puerto rico (12 hour flight). This was a big delay for us on what was already a long flight (although I realise not as long as some peoples!)
I have written to Thomsons but their response is that we are not entitled to anything more than meal vouchers and phonecalls (offered at the time of the delay). The letter states 'without prejudice' at the top of the page.
Should I respond or let it go?
thanks,Jo

johannab

Hi Cityboy , thanks for that .

I have re-read the MSE page on delays and now understand it that the decision for compensation has been put on hold...is that the reason airlines can deny our claims?

I would like to pursue it further ,does anyone know of any Thomson cases that have succeeded?

Thanks,Jo

richardw

With regard to Sturgeon of a recent ruling by Her Honour Judge Hallam at Middlesborough County Court,

"Her Honour Judge Hallam at Middlesborough County Court ruled that airlines must continue to answer individual claims, and need not wait for the ECJ’s response."

Sources

http://www.bbc.co.uk/news/business-12472056

http://www.telegraph.co.uk/travel/tr...ay-resume.html

http://www.guardian.co.uk/money/2011...irlines-delays

providentielle

I have just booked flights and transfers with Thomas Cook airlines, within Europe, and a hotel with Hotels 4 u for 9 nights in April. I have always bought package holidays before and have felt relatively unconcerned about the risk but due to buying seperately, the current economic climate, natural disasters, weather, strikes etc I feel I must get adequate travel insurance.

Can anyone advise me on what I should be looking for, who offers particularly good cover etc? I booked everything on a credit card (at an additional cost of £40!) hoping it would give extra cover should anything go awry!

Mathew

Morning,

Having followed advise on here with regard to a 24 hour delay with Thomson. I have instructed solicitors via my insurance. They will make a decision this week about whether to provide, they explained this is based on whether the case is more likely to succeed than not ie 51%.

I wondered whether anybody had any idea on how long this process is likely to take (piece of string question perhaps) and how many stages to it there are.

Thanks

themoogster_2

Hope someone can advise me on what to do next, I have contacted Air Mauritius for compensation due to a 2 day delayed flight. I have posted a trail of my communicatin to them. Since my last email to them on 31st Jan I have not heard nothing. Please help!!! (first email communication bottom of page)

Dear

I emailed you on 14th January 2011 in reply to an email you sent to me on 13th January 2011, regarding an original email I sent to you on 4th January. I have not heard a response from you. Please could you deal with my query as a matter of urgency as I will need to know what steps I need to take. I appreciate your urgent actions in this matter. I have reattached my travel information for you to read as requested.

Kind regards


Dear

Thank you for your email dated 13th January. I am very disappointed in your reply as it shows the poor communication Air Mauritius has with its customers and what I experienced is clearly reflective in this email. If you investigated my claim in the correct manner, you will have identified my complaint was not about adverse weather conditions, this was not mentioned in my email. So please explain how this assumption came to light. My plane was delayed due to technical difficulties and was delayed for 2 days. You also claim that Air Mauritius does not come under EU regulations. However Regulation 261/2004 clearly states an airline who flies out of a EU member state airport is applicable to this ruling. Please explain why you contradict this. I will be expecting a satisfactory response from you in due course, if this does not occur I will have no alternative but to report this matter to Air Transport Users Council to further investigate. I have attached my itinerary as requested.

Kind regards




Subject: MKC110105ARMC1
Date: Thu, 13 Jan 2011 16:34:57 +0000
From: [EMAIL="airmauritius@airlinecrm.com"]airmauritius@airlinecrm.com[/EMAIL]




13th January 2011

Air Mauritius

5 The Enterprise Centre

Kelvin Lane

Crawley

West Sussex

RH10 9PT

Tel: +44 (0) 1293 440003 +44 (0) 1293 440003 +44 (0) 1293 440003 +44 (0) 1293 440003

Fax: +44 (0) 1293 440006

Dear

Thank you for your email dated 2nd January, from which I am sorry to learn of the difficulties you encountered on your recent journey with us when adverse weather conditions affected your flight to Mauritius.

We are very sorry for the inconvenience caused to our passengers on this occasion. You have every right to expect punctuality. I can assure you that we do everything possible to maintain good performance. Regrettably, there are occasions when unforeseen circumstances prevent us from operating flights as scheduled. In unfavourable weather conditions some flight delays and cancellations are almost inevitable. Passenger safety is our top priority, and I am sure your will appreciated that we cannot compromise that under any circumstances.

Furthermore as Air Mauritius is not an EU carrier we do not hold any liability under the EC Regulations. Therefore we will be unable to meet your request for compensation.

Our duty of care however, is to provide meals and refreshments in a reasonable relation to the waiting time. Hotel accommodation in cases where an overnight stay or a stay additional to that intended by the passenger becomes necessary (transport included) and communication facilities. Of course, if for any reason you were not offered some of the above provisions, or they were not available to you, please feel free to forward the receipts for reasonable reimbursement. I would be grateful if you would please also forward a copy of your travel itinerary.

Finally, I thank you for taking the time and trouble to bring this matter to my attention and we look forward to hearing from you in due course.

Yours sincerely




Customer Relations Executive


To whom it may concern

Reference: MK 057 - 8th Dec 2010
E Ticket:
I am writing to you in connection with the above flight which I was booked on to.

The flight was supposed to depart from Heathrow Terminal 4 at 2000hrs, but was delayed by over 4hours.
Under EU Regulation 261/2004, I am entitled to the sum of €600 compensation and look forward to receiving the sterling equivalent within the next 14 days.

Yours sincerely

themoogster_2

Cityboy

Thank you for the information, will keep you updated