Have you tried to claim compensation for flight delays?

chillifatboy

I am currently in the process of court proceedings with Small Planet Airlines following a 20 hour delay to a flight from Gatwick to Gran Canaria on 2nd June 2013. I followed the normal process of giving them the opportunity to comply with the terms of the EU directive and then sought CAA intervention, all to no avail, hence the court action now. My research shows that many others have experienced problems with Small Planet Airlines over the past year. It may therefore be worthwhile to include them in the list of Airlines, so that forum users get a better overall picture of how this airline behaves when it comes to claims for delays etc. Despite what appears to be a pretty poor record, it is interesting to note that Monarch continue to use this airline for it's flight to Gran Canaria!!!!

Peters123

I received this response to my claim, anyone else had anything like this?

Thank you for submitting a claim for compensation in accordance with European Regulation EC261/2004.


As you may be aware there has been a recent judgment in the case of Ronald Huzar v Jet2.com which potentially could affect the way in which certain claims under EU Regulation 261 are now assessed. I can confirm that Jet2 has lodged an application with the Supreme Court to seek leave to appeal this judgment. As a result there is uncertainty regarding the law when applied to compensation claims presented under EU Regulation 261 when the root cause of the delay is a technical fault. We will therefore not be assessing your claim until clarification in this respect is received from the Supreme Court.



The Supreme Court remains in session until the end of July and will not return until October. It is therefore highly unlikely that the application will be considered before the recess. Please be aware that your claim is subject to the Limitation Act 1980 therefore a deadline for issuing proceedings applies. For further information regarding how this may affect your claim please refer to caa website

111KAB

Peters123 wrote: »

I received this response to my claim, anyone else had anything like this?

Thank you for submitting a claim for compensation in accordance with European Regulation EC261/2004.


As you may be aware there has been a recent judgment in the case of Ronald Huzar v Jet2.com which potentially could affect the way in which certain claims under EU Regulation 261 are now assessed. I can confirm that Jet2 has lodged an application with the Supreme Court to seek leave to appeal this judgment. As a result there is uncertainty regarding the law when applied to compensation claims presented under EU Regulation 261 when the root cause of the delay is a technical fault. We will therefore not be assessing your claim until clarification in this respect is received from the Supreme Court.



The Supreme Court remains in session until the end of July and will not return until October. It is therefore highly unlikely that the application will be considered before the recess. Please be aware that your claim is subject to the Limitation Act 1980 therefore a deadline for issuing proceedings applies. For further information regarding how this may affect your claim please refer to caa website

Thousands of people have had the Jet2 -v- Huzar 'excuse' - suggest you read Huzar thread. Do not approach CAA. Your letter sounds like the Monarch version if so future posts should be on that thread or go to https://www.facebook.com/MonarchComplaints

boltcaz

myself and my husband were delayed 7 and half hours with easyjet, on the 28 th july 2014, we have just received an email back to say here is a case number, and we will have to wait and see what the ruling next year will be , is this true, and they said dont need a third party to try to get it as they wouldnt get it either at this stage, do we have to do anything else or do we have to write to anyone else plz , can you help me x

Caz3121

Easyjet thread https://forums.moneysavingexpert.com/discussion/4384709
Huzar thread https://forums.moneysavingexpert.com/discussion/4815669

Rowlesy87

Me and my girlfriend where delayed in the Dominican Republic for 24 hours with Thomson in June. We claimed through the Thomson website twice because we didn't hear from them. I then sent the template letter and lo and behold they paid up with no fuss!
They stated the recent court cases as why we were now being paid. Was quite amazed they just coughed up, especially as they didn't respond to any of our communications directly.

Tyzap

chillifatboy wrote: »

I am currently in the process of court proceedings with Small Planet Airlines following a 20 hour delay to a flight from Gatwick to Gran Canaria on 2nd June 2013. I followed the normal process of giving them the opportunity to comply with the terms of the EU directive and then sought CAA intervention, all to no avail, hence the court action now. My research shows that many others have experienced problems with Small Planet Airlines over the past year. It may therefore be worthwhile to include them in the list of Airlines, so that forum users get a better overall picture of how this airline behaves when it comes to claims for delays etc. Despite what appears to be a pretty poor record, it is interesting to note that Monarch continue to use this airline for it's flight to Gran Canaria!!!!

Chillifatboy, here is a link to an interview with Coby Benson who is a lawyer with Bott & Co regarding the problems you will face with Small Planet.

http://www.bbc.co.uk/programmes/p025ls56

As Coby intimates, the problem is as much with the CAA who are supposed to be the UK regulator.

Barnabyboy

After two years of communicating with United and CAA over a 9 hour delay, CAA said we didn't have right to refund since it was a technical fault. MSE says technical faults are no defence but it seems the CAA doesn't agree. They were very specific in that I don't have any right to appeal; their decision is final.

We lost the entire first night of our holiday; there was no explanation at the time and now they've closed ranks! I have no faith in the CAA to be an independent body on this!

Vauban

MSE says tech faults aren't extraordinary; more importantly so does the Court of Appeal. You've wasted two years fannying around with United and the CAA. So what next?

David_e

Barnabyboy wrote: »

MSE says technical faults are no defence but it seems the CAA doesn't agree. They were very specific in that I don't have any right to appeal; their decision is final.

Out of interest could you post a scan (or the text) of the letter because what you are reporting is utter nonsense, as Vauban suggests.