Comments Needed: Draft Guide to Claiming Flight Delay Compensation

Tyzap

boshface wrote: »

Hello - apologies but I haven't read the whole thread due to time, and I have printed the guide for reading later.

However I wondered if it was a common turn of events for an airline to simply stop responding to your emails, despite agreeing they were liable in the first instance?

I have made a claim against AirBerlin for abandoning us in Frankfurt with no accommodation or sustenance (ie zero duty of care) after delays to a flight in Sicily meant we could not meet our connecting flight to London - we ended up spending out our own money for accommodation and transfers, which given the scarceness due to the International Book Fair meant we were quite substantially out of pocket and far from local.

So compensation aside, I have been trying to get the extra expenditure back, but am receiving radio silence from their customer services on every occasion. They will not even supply me with a reason for the delay so that I can initiate my claim with my travel insurer.

There is a lot more to it than I shall bore you with here, however any advice on being treated so miserably would be greatly appreciated!

Many thanks

Hi,

Once you issue an LBA/NBA things will change. To do that follow Vaubans superb guide which has all the info you require.

Don't play letter ping pong with the airlines, it's just a waste of time, especially when they don't reply.

If you have any further questions please post here....
https://forums.moneysavingexpert.com/discussion/4445431

Good luck.

111KAB

Congratulations to Vauban .... this thread 'Vauban's Guide' has hit number one spot on Google Search! So now when people ask what to do you can just say Google Vauban's Guide!

chirpy007

Hi, I put in a claim for a flight delay on Jan 29 15, MCO to LGW (VS16) due to bad weather at Manchester.


They responded stating no claim due to:


adverse weather conditions and heavy snow fall caused Manchester airport to close that morning and went on to cause significant de-icings delays. This unfortunately disrupted our vs75 service from Manchester to Orlando so much so that we were left with no choice but to delay this flight until the following day. The aircraft was due turn there and operate back to the UK as the VS16.


How can I find out if this was the case as passengers flying to Manchester that evening got a flight home ok and there was talk of "our flight" being given to the Manchester people.


On what grounds should I appeal that decision, as when I posted on here previously it seemed that I did have a claim but im finding it difficult to put an appeal in without knowing all the facts.


Many thanks

111KAB

Read thread above yours then start off with a flightstats analysis.

Tyzap

chirpy007 wrote: »

Hi, I put in a claim for a flight delay on Jan 29 15, MCO to LGW (VS16) due to bad weather at Manchester.


They responded stating no claim due to:


adverse weather conditions and heavy snow fall caused Manchester airport to close that morning and went on to cause significant de-icings delays. This unfortunately disrupted our vs75 service from Manchester to Orlando so much so that we were left with no choice but to delay this flight until the following day. The aircraft was due turn there and operate back to the UK as the VS16.


How can I find out if this was the case as passengers flying to Manchester that evening got a flight home ok and there was talk of "our flight" being given to the Manchester people.


On what grounds should I appeal that decision, as when I posted on here previously it seemed that I did have a claim but im finding it difficult to put an appeal in without knowing all the facts.


Many thanks

Your flight was not directly affected by the weather or delays at Manchester, so it was a knock on delay. Thats not an EC!

They could and should have used a different aircraft for your flight because they had loads of advance notice of the impending delay to your flight.

As I said before, you have a valid claim, along with a few others who also enquired about this flight.

Bott and Co would happily take this claim on for you for a cost of around 30% if you do not feel confident enough to DIY. If you want to DIY contact others via the private messaging system and pool your information etc.

Good luck.

Torres9

Hi, don't know if it's just my tablet or what but when I try the link to Vauban's guide it says the document is empty! Any ideas?

111KAB

You can just Google Vauban's Guide .... it was number one when I last looked.

Torres9

Just got it on my wife's laptop. Realised my tablet (Nexus 10) doesn't do Adobe reader! Thanks! ;-)

southernflower

I too have today received a reply from Monarch rejecting my claim due to Foreign Object Debris. Please can anyone help and advise if there is anything further I can do? I have downloaded and read the suggested document, but it is very longwinded and difficult to understand in "normal" terms, is anyone able to assist? Thank you in advance


Here is their response
Re: ZB847 Alicante to Luton 26th July 2014

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We are sorry for the delay you experienced that has led to your claim for compensation. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. The Civil Aviation Authority and European National Enforcement Bodies have published guidelines regarding what can and cannot be considered as extraordinary circumstances and we base our decision on these guidelines.

Our records show that the aircraft scheduled to operate your flight was discovered to have sustained damage prior to departure of a previous flight sector. In particular, during the walk-around inspection of the aircraft the flight crew reported a screw was embedded in the Number 3 wheel of the aircraft. It was essential that the screw was removed from the Wheel and the Foreign Object Debris (“FOD”) was inspected. A locally contracted engineer investigated and confirmed that the wheel required replacement due to the FOD. We can confirm that damage caused by FOD can occur at any time and cannot be predicted or avoided and therefore the main wheel damage was completely beyond our control.

Having considered the factual background of this case in accordance with the published guidelines and applicable case law, 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.

All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request.

NoviceAngel

southernflower wrote: »

I too have today received a reply from Monarch rejecting my claim due to Foreign Object Debris. Please can anyone help and advise if there is anything further I can do? I have downloaded and read the suggested document, but it is very longwinded and difficult to understand in "normal" terms, is anyone able to assist? Thank you in advance


Here is their response
Re: ZB847 Alicante to Luton 26th July 2014

I've just answered an almost identical post about the same flight over on the dedicated Monarch thread:-

http://forums.moneysavingexpert.com/showpost.php?p=68346441&postcount=4504

My reply :- http://forums.moneysavingexpert.com/showpost.php?p=68346699&postcount=4505

Also the NEB Wishlist has been well documented on here, just search the forum for wishlist, it's exactly that a wishlist and not law.

EDIT - Just checked your flight with Bott & Co and it says 'Great news, our data shows that you could be entitled to compensation for this flight. Submit your claim below to start the process today and we can begin recovering your compensation.
Amount: €400'

Obviously you don't need to go NWNF just read Vaubans excellent guide.

Cheers,

NoviceAngel