Have you tried to claim compensation for flight delays?

DrA_Harrogate

Locate and read Vauban's excellent guide (it's here or Google it). Of particular relevance is the Folkerts European judgement in which the unfortunate Mrs F was in a similar position and won. So it seems you mayhave a good case.

LT

I read the guide and judgement but I could only see that it was Air France, I didn't read anything about codesharing. Thanks so much for taking the time to reply to my question. Sorry I'm not used to all this technical jargon so maybe I missed it in the reading.
Linda

DrA_Harrogate

Don't worry the airlines like it being complicated! The Folkerts judgement established that Mrs F, who like yourself missed a connection meaning a delay in arriving at her final destination, was entitled to compensation based on the late arrival at that final destination. The airline is irrelevant providing you start within EU. You have a case although expect KLM to resist. Have you tried a nwnf lawyer?

LT

Last night I put all the details into an online checker to see if I was due compensation but in the end all it said was they could do was provide us with a free template letter to contact the airline. I've already contacted KLM twice and they apologise for the delay and our inconvenience. They have offered is each £80 (in flight vouchers) as a goodwill gesture but they state that because we were on one of their codesharing flights:
I would once again reiterate that according to the recent decision of the Court of Justice of the European Union, a passenger can be entitled to compensation when the passenger arrives at its final destination with more than 3 hours delay because of a missed connection. Relevant in that case was that both flights were operated by the same carrier. Since your connecting flight was operated by Delta Airlines flight DL179, no compensation is due on this occasion.
They are therefore saying codesharing flights aren't covered. No?
Linda

Vauban

I think that Folkerts means they are liable (there's nothing that says the connecting flights have to be the same airline), but you could easily argue it the other way too.

The EU have recognized there's an ambiguity in the Regulation and recommended tight in the Regulation up to make clear that in these circumstances then the first (delayed) airline should pay out if it causes the connecting flight to be missed.

Their current guidance says:

"Question 18: Where, in the case of an interline ticket, a delay occurred on the last leg, who should be responsible for potential reimbursement?

... Similarly, in the case of an interline ticket where a delay in departure occurred on the preceding leg, that preceding airline should be responsible for potential reimbursement."

So not straightforward, but worth a punt I'd reckon!

LT

Thanks to everyone for their help though I apologise for the different threads but new to all this.
Thanks again
Linda

Fire_Monkey

In March 2014 I was delayed five and a half hours on a flight from Gatwick to Hanoi. I submitted my compensation claim to Vietnam Airlines in early October 2014 and eventually received my cheque for compensation on 20 January 2016.

Vietnam Airlines refused to communicate with me at all until after I threatened them with legal action following an e-mail from the CAA which supported my claim. However, it took the CAA nine months to resolve this with Vietnam Airlines. I eventually received £444.00 in compensation though it was a long and frustrating battle. My advice is to keep persevering and they should pay up in the end.

tawilson

“ Hi , I had a flight delay of 28 hours in July 2008, I tried several times between 2008-2013 trying to get flight compensation , however was told it was technical error and despite going through the CAA and the aviation authorities in Portugal never received compensation. When the new ruling took place in June 2014 I tried yet again knowing that they was a back log , I contacted Thomason several times over the last several months and have the email response from Thomson confirming this but I never heard anything back regarding my compensation. I have today rang Thomson to be told nothing on file and also I am out the 6 year window.
I am so frustrated as I have tried and kept all my proof and now Thomson are stating the 6 year ruling when I tried several times

Caz3121

tawilson wrote: »

I have today rang Thomson to be told nothing on file and also I am out the 6 year window.
I am so frustrated as I have tried and kept all my proof and now Thomson are stating the 6 year ruling when I tried several times

you need to have commenced court action within the 6 years
Any airline can safely decline claims from more than 6 years ago as, as you have found out, there is nothing you can do about it

Happychappy

Has anyone had any claims or success with Emirates ?

Thanks