MSE News: Flight delay compensation: It's an airline lottery for passengers

aerialmanash

Hi I'm new to the site and don't know if I'm posting on the right page but me and my wife went on our honeymoon in may this year from leeds/bradford airport to greece it was meant to be a direct flight to start it was 40 min late and when we got onto the plane they told us the flight would be stopping in croatia for more fuel which we thought was strange so we did just that and landed in croatia for more fuel to cut a long story short we were over 3 hours late arriving at our destination becouse of the fuel stop. i just wanted to know were we stand and if we would be entitled to any compensation flight was with ryan air this year.
thank you mr mitchell :cool:

friendofbillw2

the_laughing_cow wrote: »

Further to recent articles on flight cancellations/ delay I fail to see how the new guidance can help matters. Under unexplained flight safety shortcomings there is a section 26 that basically says any other technical reason is an extraordinary circumstance. This in effect is a catch all get out for the airlines who continually quote extraordinary circumstances. I believe ec261/2004 was judged on because far too many airlines claim these circumstances. I have a letter from the CAA stating it appears you have a case under ec261/2004 and referred it back to Flybe, who are now citing number 25 and 26 of the new guidelines in order not to pay the claim. Has anyone actually been to court since the printing of the new guidelines? And if so what was the result?

The guidleines have absolutely no force in law. The front page admits this.

Wallentin does!

See other posts ad nauseam.

friendofbillw2

Sadoldgit wrote: »

Why do Thomas Cook & the CAA keep reasons for flight delays a secret? Are we expected to accept that delays are due to "exceptional circumstances" without actually knowing what these are? I don't trust either of them!

So you have to take them to court!

They know many are unwilling to do that, so it is a numbers game for them. The more people they make give up, the better they like it.

Go the distance.

pleasurebear

The European Court of Justice decided on 31 January 2013 that an passenger can take an air carrier to a national court in a dispute concerning EU 261/2004. I have taken Lufthansa to the County Court over its failure to pay for hotel accommodation and compensation because of what Lufthansa say were "exceptional circumstances", rather than complain to the CAA. Lufthansa tried to say the case should be referred to the CAA but the judge decided to hear the case and Lufthansa agreed. Remember that the onus is on the airline to prove the "exceptional circumstances" to a judge. The courts could be the best place to take your claim but be aware of the costs and time it will take. However, you will recover your costs if you win.

nickymundy_2

Hi, am in the middle of claiming against Wizz Air who are claiming that they cannot find us on their systems anywhere. I have sent them all details that Lastminute.com had and they said they still couldn't find us. I have sent Lastminute.com confirmation email and am now awaiting a response. As the flight was back in 2010, we do not still have the boarding passes and wondered how we can prove we were on the flight if we have to. Any advice will be appreciated

jordanbeer

Here's my story:

3 of us: Paid £21 each for a flight from Monarch airlines, and I don't care if i paid £21 and trying to claim over 10 fold for my flight...I wouldn't of cared if they treated the customer right...but it's just so wrong and not fair how these companies get away with it. SO I WILL CLAIM EVERY LITTLE PENNY OUT OF THEM.

From: Palma(Majorca) to Birmingham

Flight delayed over 3 hours:



Anyway....


So I contacted them straight away after landing in the UK after the flight...i was told they was not paying out until the ruling ECJ EU:261 had been decided in the EU High Court...So I waited.

Ruling was in passenger favour so I contact monarch again...After 28 days, via email -I was told i had to fill in "monarchs" own claim form. So I did so and sent that off in November...


I had to chase up a reply in December, to which they replied. "You should of supplied pictures of my passport" (this was not stated anywhere or was told to do so at any given point apart from this)


I got very tired of waiting so long and took advice from some close friends who are well connected within the airline sector. I was advised to keep to the 'monarch' way to claim...

So again..In March 2013 - I sent off my claims, this time with every single bit of finite detail i could find! So i prepared the '28 day' waiting time for a response to my email...


April 2013...No response after the 28 day period...so i sent a reminder letter


May 2013...Still no response so i sent a email saying court action will be taken....

July 2013... Still no response so I called up their fantastic customer relations department: open 9am-1:30pm( WHAT KIND OF BUSINESS HAS THESE OPENING TIMES?)

I was told by a lovely lady that there was no evidence of my details or emails on the system...which was very interesting considering i received the auto-reply about waiting 28days for response every single time!

Anyway, it came to my attention that the claim forms they had been f**king about with was even necessary: QUOTE: Me: "so do i need to fill in the claim form again" Lady:"no, we can just tell you over the phone" - nice...wasted months of my time, no doubt to throw me off the trail...but it just got me more pumped to get my money.


The lady agreed and promised she would send an email from the mysterious 'legal team' to my outcome of the claim. I never received the email as i expected and waited 1 week(today) to contact them.

Today: I rang up asking why they didn't send my email...again no details of my call or anything along those lines...so, again i reeled out my details and to my surprise she says:QUOTE: "Please wait one moment while I go speak to the legal team" - So, they're obviously all in one little command post somewhere in Luton airport. - I wait and receive the response: " The legal team have rejected claims for this flight" - So, i requested the reason that is directly related to the law of EU:261 - I was told they have to go back to the legal team again and they will email the reasons.


Surprise surprise, I still haven't received the email even though they told me i would receive it in 5 Minutes maximum...

So..this is where i am so far..i came across this article and decided tell my story because I know for a fact I am entitled to money because the pilot of the flight was moaning about how monarch balls-ed everything up! The flight before was delayed over 10 hours and apparently that flight has received the rejection status as well.

UPDATE:

I received the email and it stated:
"During its outbound flight to Palma the aircraft suffered a failure of both systems that control the pressure inside the cabin."

"Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given."


If any lawyers or individuals that would like to advise me on - compound interest claims would be great!

Looks like the small claims court!

Roddy49

Not sure where to put this, so apologies if it's in the wrong place or duplicated anywhere !!

We were delayed by 24 hours on a Thomas Cook flight to Mexico from Manchester in June this year. It was due to a mechanical failure.
Food vouchers and hotel accommodation were all provided.

I used the MSE template for Flight delay Compensation and e mailed it 12 days ago this month.
The next day I received an e mail offering a voucher to the value of £1040.

I then used the MSE template to decline the voucher and request cash payment and the next day I received an e mail providing the contact details for me to telephone and arrange a bank transfer. I was told it would take 10 days.
TODAY £1040 WAS CREDITED TO MY ACCOUNT.
The holiday cost originally £2500.

Thank you so much for your advice. I don't think I would have got anywhere without it.

:j:T:rotfl:

The only thing I didn't get was an answer to the question 'At what point when a plane is delayed would I have been able to cancel that particular holiday and rebook?' We were only going to Mexico for 7 days so had a significantly reduced time there

111KAB

jordanbeer wrote: »

If any lawyers or individuals that would like to advise me on - compound interest claims would be great!

Looks like the small claims court!

Stick to the facts. Post on the Monarch thread where you will see the same story over and over again. NBA then Court. Good luck. If you want a rant .... https://www.facebook.com/MonarchComplaints

Enjoy your compensation + interest at 8%

David_e

jordanbeer wrote: »

:
compound interest claims would be great!

I'm pretty sure it's simple (ie not compound) interest only (sadly, for those of us with claims going back a few years). I'll try and have a look for some proof of that this weekend.

111KAB

David_e wrote: »

I'm pretty sure it's simple (ie not compound) interest only (sadly, for those of us with claims going back a few years). I'll try and have a look for some proof of that this weekend.

Plenty of posts but 8% per annum levied per day from the date of the delay to the date of Court hearing/decision. 8% is max ~ Judges discretion as to %'age rate applied.