Comments Needed: Draft Guide to Claiming Flight Delay Compensation

tradsweet

Hi, could someone provide a link to the FAQ and Vauban's Guide. Searching MSE doesn't give any results. Thanks.

JPears

google is your friend

spartan7510

- a couple of points, if you are main passenger and claiming for family, make sure you include thier names under the claimant section and not just under "Particulars of Claim"

- where and how does Consumer Ricghts Act Travel Ammendments 2016 come into play for poor customer service that results in losses cuased by airlines. I had check-in related issues which cost me a days leave trying to resolve, taxi fares to visist Iberia/Ba offices and family been seated apart on return journey. Iberias lawyers response was "[FONT=&quot]Secondly, we note that you seek to recover the sum of £xxx.xx with reference to the Consumer Rights Act for poor customer service. As you may be aware, pursuant to the House of Lords Judgment in Sidhu v. British Airways, a carrier’s liability to passengers is governed exclusively by the Montreal Convention (with a special carve-out for EC Regulation 261/2004). The Consumer Rights Act cannot apply in relation to your claim and you will note that section 73(1)(b) of the Consumer Rights Act specifically disapplies the Consumer Rights Act in cases where the matter is governed by an international convention. As stated above, the Montreal Convention is the exclusive legal instrument available to you in this case and the UK is a signatory state. As such, the Consumer Rights Act is not engaged and your claim for £xxx.xx cannot succeed."[/FONT]

- Interest on claim - need to clarify this as response I got from Iberia's lawyers where "[FONT=&quot]there are numerous European Court of Justice authorities evidencing that a claim for compensation under EC Regulation 261/2004 does not attract interest under s.69 of the County Courts Act 1984. As such, this element of your claim cannot succeed either."[/FONT]

[FONT=&quot]Other than these queries, your guide is brilliant and certianly helped me resolve the flight delay compensation of my claim. From Iberia totally denying compensation due to a 'technical fault' they claimed was unexpected and extraordinary, to making an offer to cover this in full + the court fee once I initiated the small claim
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gb908010

Any help please? Recently delayed for 11hrs flying from Faro to East Midlands with Jet2. Completed online form via the Jet2 website but recently my claim has been declined. Reasons cited "bird strikes to the aircraft during a flight which may cause damage which requirs immediate compulsory checks and possible repair"


Is it worth me taking it further? or am i wasting my time?

Caz3121

you would be best posting on the Jet2 thread here - https://forums.moneysavingexpert.com/discussion/4384707/flight-delay-and-cancellation-compensation-jet2-com-only
with flight number / date