Compensation for delayed flights Discussion Area

JPears

I did think this was odd. I'll give them a call (at 10p per minute) to check if this is correct.

Mathew

Re : A 25 hour delay to Cancun for technical delay.

Heard from the solicitors today, who attached an initial response from TUI. The letter confirmed the circumstances of the delay and their failure to notify some passengers, they then explain that they have no further requirement in the following terms :

The customers do not qualify for compensation under Denied Boarding as they were not denied boarding, they were delayed. This explanation has been given to our customers by our directors team in February 2011.

The solicitors attached a letter which explained it is with a 'senior' who is deciding what steps to take next. I don't have that much confidence in the solicitors and want to give them a nudge! Any advise on how to do this with reference to TUI's response?

richardw

It seems the Solicitors appointed by your insurance co may be out of their depth Mathew.

Mathew

I'm hoping that's not the case but im not filled with confidence! I already had to point out the correct compensation amount to pursue as they had got that wrong initially.

Ill await the senior's response, but I'd like to prompt them with reference to TUI's response.

Mathew

I might (hope) be worrying unnecessarily, so I'll stick with them and see what they suggest next.

What to you make of TUI response? I understood that a delay was treated as a cancellation under the Denied Boarding regs?

richardw

What actually happend Mathew?

Mathew

Hi Richard,

Basically, had a 2-week all inclusive package hol to Cancun (27/01/11) booked with First Choice, at check-in informed of a 25 hour delay. Put up in a hotel and flew the next day. The reason they gave is tech prob with one of their fleet which had a knock on effect to our flight. Contacted TUI as soon as back asking for 14th of holiday cost back along with compensation. TUI replied no, and that they had not responsibility upon them.

After some good advice on here from Cityboy and others I instructed solicitors through my home insurance to pursue a claim. After being corrected by me from info I found in these forums they sent a Denied Boarding claim to TUI for 1200 euro's (600 each). TUI have replied as above and the solicitors are considering the response. I understood that a delay was treated as per a cancellation within the Denied Boarding regs?.

richardw

It appears you were not denied boarding but were delayed by 25 hours.
Denied boarding is where the airline does not allow you on the flight, but the flight is still operated.

My guess is your insurer's solicitors may get more senior staff to look at the case.

Perhaps just keep an eye on what happens.

Dr.Rock

I'm attempting to get compensation from Finnair for a 20 hour delay to a recent journey caused by the cancellation of an initial flight that led me to miss a connecting flight. I attach my initial communication to them, and their reply below.
I would like to know if their reply holds any water or if they're just trying to fob me off. I suspect they have misinterpreted EU Regulation 261/2004, either deliberately or inadvertantly, and if this is the case would be most grateful on any advice how I can structure a response to them correcting them on this and furthering the matter.

My initial communication (with flight cancellation & delay) details:

Dear Sir/Madam,
On Saturday 5th March 2011 I was booked to travel on flight AY832, departing London Heathrow airport at 10.20am to Helsinki Vantaa airport where I was to transfer to flight AY0429 to Rovaniemi, which was due to arrive at 5.35pm on the same date.
As I am sure you are aware, flight AY832 was initially severely delayed before being cancelled. Thanks to the assistance of the ground staff, who were most helpful at every stage, I was booked on an alternative flight to Helsinki at 6.20pm. However this meant that upon arrival, at 11.30pm, there was no suitable onward connection that day. I was provided with overnight accommodation and booked on the next flight to Rovaniemi which meant that I didn’t arrive until 1.30pm on Sunday 6th March 2011, a delay of 20 hours which caused severe personal inconvenience and additional expense.

I enclose my e-ticket for the original flight, and copies of the boarding cards for the flights I was subsequently booked on, as proof of travel and am seeking €400 by way of compensation pursuant to Articles 5 and 7 of EU Regulation 261/2004.
I would be most grateful if the payment could be made into my bank account via SWIFT. My bank details are:

And their reply to this:

Thank you for your feedback.

I truly regret to hear about the problems you encountered as a result of the flight cancellation of AY0832 on the 05th of March 20101 due to a technical reason.

You have been rebooked to a later flight free of charge and we have thus helped you reach your destination as advised on you flight ticket.

According to Regulation (EC) No 261/2004 of the European Parliament and of the Council:

If a flight is cancelled, Finnair offers
• refreshments and/or a meal as well as communication facilities and, if necessary, hotel accommodation including transport; and
• the choice between either an alternative transport to the final destination; or
• reimbursement of the ticket if the flight is no longer serving any purpose in relation to the passenger’s original travel plans, and the passenger decides to cancel the journey.

The rule which you are referring to in your letter with a compensation of 400 € only applies in cases of denied boarding.

All reasonable costs which are directly related to the cancellation (such as meal expenses) will be reimbursed. Please send us your receipts in original together with your bank account information in international form with IBAN and BIC/SWIFT –codes to the address

Finnair Plc
Customer Relations
SL/08
FIN- 01053 FINNAIR, Finland.

Please insert your case number to your letter.

I hope all your future flights will run according to schedule and will prove to be positive experiences in every way possible.

Sincerely,

Finnair Plc
Customer Relations

richardw

Dr.Rock it appears you are being fobbed off.