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Comments Needed: Draft Guide to Claiming Flight Delay Compensation - Page 18

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Comments Needed: Draft Guide to Claiming Flight Delay Compensation

edited 25 November 2015 at 9:47AM in Flight Delay Compensation
175 replies 49.7K views
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  • edited 11 September 2018 at 1:22PM
    tradsweettradsweet Forumite
    2 posts
    Eighth Anniversary Combo Breaker
    MoneySaving Newbie
    edited 11 September 2018 at 1:22PM
    Hi, could someone provide a link to the FAQ and Vauban's Guide. Searching MSE doesn't give any results. Thanks.
  • JPearsJPears Forumite
    4.9K posts
    Ninth Anniversary 1,000 Posts Combo Breaker
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    google is your friend :)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • edited 7 May 2019 at 6:30PM
    spartan7510spartan7510 Forumite
    2 posts
    edited 7 May 2019 at 6:30PM
    - 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
    [/FONT]
  • 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?
  • Caz3121Caz3121 Forumite
    13.9K posts
    Part of the Furniture 10,000 Posts
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    you would be best posting on the Jet2 thread here - https://forums.moneysavingexpert.com/showthread.php?t=4384707
    with flight number / date
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