Have you tried to claim compensation for flight delays?

cbukmedia

The next stage for me is either to opt for a possible court hearing or mediation. Has anyone used the small claims mediation service regarding flight compensation? I'm not sure this is the appropriate step with an airline, and quite frankly I think this is wasting my time and I think I am entitled to full compensation - I don't want mediation to mean compromise. But then on the other hand, I don't want it to appear as though I'm the one unwilling to play ball by saying 'no' to any means of sorting it out.

David_e

cbukmedia wrote: »

The next stage for me is either to opt for a possible court hearing or mediation. Has anyone used the small claims mediation service regarding flight compensation? I'm not sure this is the appropriate step with an airline, and quite frankly I think this is wasting my time and I think I am entitled to full compensation - I don't want mediation to mean compromise. But then on the other hand, I don't want it to appear as though I'm the one unwilling to play ball by saying 'no' to any means of sorting it out.

I've seen very few reports and my offer to go to mediation was totally ignored. That maybe suggests that, in practice, it's not happening very often. As far as I am aware, you are under no obligation to reach a settlement if you do go to mediation. It might be an opportunity for you to show them that you know the law which might make them more willing to settle out of court. As you say, you are either entitled to comnpensation or not so "horse trading" does not seem appropriate - unless their offer is substantial enough (say 90%+) to agree to in order to avoid the hassle of actually going to court.

cbukmedia

Thank you David - very helpful !

Thatshallot

Long battle with Qatar Airways. Refuse compensation on flight delayed by 15 hours. Won't give a reason for cancellation but say it is something beyond their control, too sensitive for public domain! Taken this to CAA who instructed them to pay. Taken this to small claims court and now been told they have instructed solicitor to defend claim.


Should we ask for stay awaiting Huzar v Jet2 or proceed anyway?
Surely court will see that we can't accept delay was "extraordinary circumstances" when they won't give any details.


Any comments or advice?

Vauban

If the delay doesn't relate to a technical then Huzar is irrelevant. Wait until you see their preliminary defence which you should get shortly. Then you can take an informed view.

Thatshallot

Thanks Vauban


Definitely not weather related, heard reports it was a leaking toilet. If that is the case should be something they should spot and fix.


CAA won't tell us what defence they were given but they said it did not come within extraordinary circumstances.


Will be interesting to see the defence after 5 months of waiting!

Marzzie18

Hi - looking for some advise on a claim I've made and whether it's worth taking to CAA. Had a 19hr delay on a BA flight from Calgary to London 2 days ago. I submitted the claim and received a prompt response. They have stated it's not eligible due to a technical fault which is extraordinary circumstances. I've read that some technical faults are not extraordinary circumstances so was wondering if anyone can confirm that the fault below is, as they say, extraordinary circumstances or if I should keep fighting the claim.
"During our final safety checks, we noticed a fault with the aircraft attitude display screen in cockpit. As the attitude display screen had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided."
Any advise would be greatly appreciated.
Thanks!

David_e

Marzzie18 wrote: »

Any advise would be greatly appreciated.

Please read the FAQs where you will find all you need to know. If you do then have any unanswered questions, please post them on the BA thread.

111KAB

^^^^ David-e is spot on and if you read FAQ's you will realise CAA are inefficient, useless, no help and total waste of space and time.

Marzzie18

Thanks David-E
REad the FAQs and it says "On the other hand, a delay that would result, for instance, of damage to the aircraft due to sabotage or terrorism, or a request by Boeing or Airbus to review certain mechanisms on all aircrafts of a particular model following the discovery of a hidden defect would constitute an ‘extraordinary circumstance”.
In practice, therefore, most mechanical problems are unlikely to constitute extraordinary circumstances."
so I'm going to respond and as if the technical fault they mentioned was a hidden defect and if it required other airlines to be checked and question them on the validity of it being an extraordinary circumstance...will see what happens!