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Compensation for delayed flights Discussion Area

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  • Hi, this is probably a weird one. In 2013 we had a flight to Kos delayed from Gatwick by 6 hours. This ruined the first day of our holiday and the other passengers on the Flight were very annoyed with the Airlines lack of communication.
    When we got back we started a claim with a Flight Delay company, they failed so we Instructed anothe company whom failed as well.

    Recently we started a claim with Bott & Co and somehow we were confused and started a claim with Flightdelays.co.uk.

    We didn't realized this as both companies emails looked similar on our phone's email.

    My Claim with Bott & Co has been settle yesterday and paid, my wife's claim has not and can be cancelled at no extra cost with Bott & Co.

    I have spoken to Flightdelays.co.uk and they want £200 + Vat to cancel each claim. They will not revoke one of the Cancellation charges even if Flightdelays.co.uk carry on with my wife's claim.
    I have requested the Agreements from Flightdelays.co.uk and initially we did not read them when we started the claim. The Agreements have been signed electronically.


    The cost of the charges will cover the compensation so its been a waste of our time.
    I have been on the phone to Flightdelays.co.uk, emailed them and they still want the cancellation fee (which is in their terms and conditions) We have made a stupid mistake, its a shame the solicitors can't can't see if there is a duplicate claim!

    Can any one advise us if the £200 + Vat charge is enforcable. As we thought Win No Fee Companies will not charge anything. We have been stupid not checking documents. It was a nightmare to gather all the information for the claim in the first place.

    We have already lost money on our holiday with Low Cost Holiday as we had to pay nearly double for our accomodation.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    What a mess. Not a lot you can do, assuming you've agreed their terms and conditions, except plead good will and try to negotiate. What work has flightdelays done on your claim already? If they've done very little, it's reasonable to cancel with Bott, and point out that the airline have settled an identical claim (yours) so their effort should be minimal: easy money for them.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Did you tell either that you had instructed the other? If not they have both acted in good faith. I'm afraid that you are liable to pay. You entered into contracts with two separate firms. It is always unwise to enter into agreements without reading them
  • 2 years ago we claimed compensation for delayed jet2 flight and eventually Jet2 gave us a voucher for £200 valid for 12 months to use on another Jet2 holiday! I in my naivety accepted this and was unaware of the current EU regulations on compensation so now I feel even more aggrieved! Because technically they got that £200 back from us in the form of us having to spend further money on another holiday! Is it too late to raise the complaint again now or is there something I can do? Any guidance on this would be appreciated.
    Thanks
  • m0912329
    m0912329 Posts: 24 Forumite
    m0912329 wrote: »
    Last month, I was on flight from Havana (Cuba) to London via Madrid.

    The first flight (Havana-Madrid) departed three hours late - I knew this before boarding so asked AirEuropa staff at airport if I would miss connection flight when I arrived in Madrid, however the check-in staff told me that they will wait for me.

    When I landed in Madrid however, upon arrival at gate for connection flight (Madrid-London) I could not get on it as they could not wait for me and instead sold my seat to other customer. They only offered me flight on next day and as a result I arrived in London more than 24hrs late.

    Does this count as denied boarding or delayed boarding?

    So updates, I've filed complaint and requested for compensation, it took Air Europa two months to reply...
    We acknowledge receipt of your comments made on June 20, 2016 by our Web site, concerning our flight UX-052 La Habana - Madrid June 18 2016, UX-1015 Madrid - London (Gatwick) June 19 2016. Firstly, we would like to apologise for the length of time taken to reply to your letter, this being totally unsatisfactory on our behalf.

    We are very sorry about the delay that the above mentioned flight suffered on its departure. However, we assure you that it is always the Company´s aim to offer the greatest punctuality and service to all its passengers and that we apply all our efforts into trying to achieve this, keeping the passage informed at all time by the habitual me chanisms of the airport and being attended by our staff. Nevertheless, there are many factors that can affect the day to day running of our flights which are beyond our control.

    We would like to inform you that in these cases the company offers assistance to the passengers up to the flight departure, in relation to the waiting time, and depending on the distance and country of departure of the affected flight, and also in accordance to the normative in force in each case.

    Likew ise, we would like to inform you that in case you decided not to fly on the initially booked flight or in an alternative one, and so you decided not to use your flight ticket, you can ask for the reimbursement of the non-used flight coupons when the flight delay is at least five hours. In case you are in this situation, you should address the office where the non-used ticket was issued to request the refund.

    Nevertheless, we would like to inform you that in the event of delay there is no economic compensation established.

    We also regret that you missed an onward connection. In case both means of transportation form part of the same ticket (reservation), the air carrier makes its best efforts to route the passengers to the final destination, providing assistance until the departure of the alternative means of transportation offered to the passenger, independently of the cause of delay.

    On the other hand, in case both means of transportation do not f orm part of the same ticket (reservation) the air carrier assumes no responsibility although airport personnel may inform and guide the passenger if required.
    We are very grateful for your valuable comments since we strive to continuously improve our services.

    Yours sincerely,
    Customer Relations Department
    Air Europa

    Fax: +34 971 178 439
    E-mail: relacionesconclientes@air-europa.com


    Now I really don't understand this email no matter how many times I read it. It is so poorly written and from what I see they haven't made it clear if I can get compensation which was what my enquiry was for :mad:
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    (To Wacker)
    Yes it's too late. They offered you the voucher. You accepted it and used it for another holiday. Jet2 would argue (successfully) that the claim was compromised and that you are estopped from reopening it. On the positive side, though, did you enjoy the second holiday?
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    edited 18 August 2016 at 12:12AM
    Who did you fly with from Madrid to London. Am I right in thinking it was Air Europa and was it on one ticket from Havana to London via Madrid
  • m0912329
    m0912329 Posts: 24 Forumite
    Who did you fly with from Madrid to London

    Same airline with air Europa, Havana-Madrid and Madrid-London all booked with same reference code. I missed connection flight because
    1. First flight arrived late by three hours in first place (don't know why) so departed three hours late
    2. Because flight departed three hours late I arrived in Madrid with no changing time
    3. I know this would happen before boarding in Havana so I asked airline checkin staff long before boarding but they reassured me that connection flight would wait for me and asked me to get on flight instead of finding alternate flight.
    4. When I got on connection flight gate the staff said my ticket was sold to someone else as they realised I would miss out, this contradicts what staff in Havana told me
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    edited 18 August 2016 at 11:37AM
    m0912329 wrote: »
    So updates, I've filed complaint and requested for compensation, it took Air Europa two months to reply...




    Now I really don't understand this email no matter how many times I read it. It is so poorly written and from what I see they haven't made it clear if I can get compensation which was what my enquiry was for :mad:

    It looks like a generic reply that doesn't address your specific delay.

    If it was all booked on one through ticket you probably have a valid claim. That depends upon the reason for the delay, if it was classed as an 'extraordinary circumstance' they could avoid paying compensation. But they would still owe you a duty of care i.e meals, drinks and hotel with transport to and from.

    All is explained in Vaubans guide, just Google and download.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    Put your flight details into EuClaim and Bottonline flight delay checkers and see what they say
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