MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals

richardw

mandc wrote: »

Great news about the resent court ruling. We've been trying to get a refund for a 5 hour delay on Norwegian Air....

Thanks for your post and welcome to MSE. This board has threads for different airlines, if you post in a thread relevant to the airline with the delay, you'll have more chance of a reply.

stevemej123

jamesg123 wrote: »

EMA-NOC is 509 km, so if both delayed over 3 hours due to reasons within the airlines control, you could claim €250 each sector

€500 for a £29.98 Flight.

If I travel London to Carlisle by train I am entitled to the following according to national rail website

As a minimum, if you are one hour late at your destination, you are entitled to:
20% of the price paid for a single ticket
10% of the price paid for a return ticket if the delay is only on one leg of the journey
20% of the price paid for a return ticket if both legs are delayed
Train companies consider claims on a case by case basis and are only contractually obliged to pay compensation in certain circumstances.

Now tell me that flight compensation €500 is correct and justified....
If i was traveling by train and delayed on both legs my compensation would be £5.99. (IE 20% of the price paid for a return ticket)

Don't even mention "Stranded" Here's an idea if you are worried about been stranded purchase travel insurance... Simple

Don't pass these costs onto every passenger. If i want insurance and compensation for flight delays purchase OPTIONAL travel insurance and choose reliable airlines.

End of rant

James, so YOU are the jet2 spy on the forum!

I recently went to lanzarote from leeds and when we checked in at 7am there was a letter on the counter for passengers flying to TENERIFE (an hour earlier than our flight). The letter said that due to unforseen circumstances the plane had been changed and legroom/meals might not be as booked.
The upshot is that our flight was then delayed by 2 hours 45 minutes as they had given our plane to the tenerife passengers. Our plane flew from manchester at 10:15 am landing at 11am.

Jet2 knew the night before that our flight would be given to the Tenerife flight and ours would be delayed BUT they took an operational decision.

It's about time airlines like JET2 started putting passengers first (if they knew the night before about the plane swap why didnt they send the spare plane earlier- I suspect because they could)

Airlines like JET2 will now think long and hard before delaying passengers for operational reasons.

James DO NOT ask me to shed a tear for this shower because I will not.

Vauban

Exactly right. And interestingly there's some anecdotal evidence that airlines are already beginning to do this. When I went to court earlier this year, I asked for Monarch's witnesses to attend, and we got chatting (perfectly amiably) whilst we waited to go in. Their operations manager confirmed that they were now very motivated to meet the three hour deadline where possible, conscious of the potential financial penalty if they didn't. This is precisely the kind of change the regulation is meant to induce in airlines, and I welcome it. (That said, Monarch's punctuality is still pretty poor!)

Fletchasketch

This is fantastic news!


I Wonder for those of us who have a claim that is "stayed" when we might reasonably expect to receive our compensation?

razorsedge

Vauban wrote: »

No reaction yet from Jet2.com? Cat caught your tongue, boys?

From the Daily Mail website:

Quote:
British Air Transport Association chief executive Nathan Stower labelled the Supreme Court ruling as unfair and said passengers will ultimately wear the costs imposed on airlines.

'Today's Supreme Court decision is both surprising and disappointing. UK airlines support the principle of passenger protection and always meet their legal obligations,' Mr Stower said.

'However, the rules should be clear, affordable and proportionate for the sake of passengers and airlines. The current system fails those tests and this decision will further increase costs which ultimately are borne by all passengers.'
Anybody who tries to say (with a straight face) that "the airlines always meet their legal obligations" loses their credibility immediately. It is pretty clear that the airlines dislike the Regulation - but tough: it's the law. And now - finally - they have to respect it.

The questions of affordability and proportionality were also dealt with in 2006 by the European Court in the IATA ELFAA case:

http://curia.europa.eu/juris/liste.jsf?language=en&num=c-344/04

Somebody at the Daily Mail got a short memory?;)

Kentuniversity

Er wonderful.

Reminds me when I got almost £200 compensation from a local airline for going to Malcesine a few years ago lol ? It was almost a free holiday.

Thanks MSE lol !!!!

Kentuniversity

Old news this.

I flew to Malcesine a few years ago via my local airport and got a refund due to probs with the aircraft.

The overall cost was almost zero but not quite lol !!

Thanks MSE as always cos this is wot I used previously to get the refund.

Now back to the grand prix !! Come on Louis !!!

Altarf

phritchie wrote: »

And it's not true that it week mean the end of low cost. Effective low cost airlines like easyjet and Ryanair are typically more punctual than the full fares airlines - see easyjet's recent tv ads.

It will be much easier for airlines like Easyjet and Ryanair to avoid having to make compensation payments due to running fleets of identical aircraft.

Your flight from Malaga to Gatwick has a broken widget that will take you over the compensation time limit, no problem, use the identical aircaft next to it that was going to Liverpool. Everyone gets delayed, but not enough to have to pay out.

It takes a lot of organisation, but with the huge fleets that Easyjet and Ryanair run, it is not impossible.

michaels

Vauban wrote: »

Exactly right. And interestingly there's some anecdotal evidence that airlines are already beginning to do this. When I went to court earlier this year, I asked for Monarch's witnesses to attend, and we got chatting (perfectly amiably) whilst we waited to go in. Their operations manager confirmed that they were now very motivated to meet the three hour deadline where possible, conscious of the potential financial penalty if they didn't. This is precisely the kind of change the regulation is meant to induce in airlines, and I welcome it. (That said, Monarch's punctuality is still pretty poor!)

Yes Mr Monarch pilot, this is your operations chief, are you absolutely certain this borderline tech problem means the planes can not fly, given how much it will cost us in delay compensation please could you reconsider your decision....

glentoran99

jamesg123 wrote: »

EMA-NOC is 509 km, so if both delayed over 3 hours due to reasons within the airlines control, you could claim €250 each sector

€500 for a £29.98 Flight.

If I travel London to Carlisle by train I am entitled to the following according to national rail website

As a minimum, if you are one hour late at your destination, you are entitled to:
20% of the price paid for a single ticket
10% of the price paid for a return ticket if the delay is only on one leg of the journey
20% of the price paid for a return ticket if both legs are delayed
Train companies consider claims on a case by case basis and are only contractually obliged to pay compensation in certain circumstances.

Now tell me that flight compensation €500 is correct and justified....
If i was traveling by train and delayed on both legs my compensation would be £5.99. (IE 20% of the price paid for a return ticket)

Don't even mention "Stranded" Here's an idea if you are worried about been stranded purchase travel insurance... Simple

Don't pass these costs onto every passenger. If i want insurance and compensation for flight delays purchase OPTIONAL travel insurance and choose reliable airlines.

End of rant

So your flight is delayed by 26 hours you therefore miss your connecting flight by in london 30 mins, you have no credit cards or enough money to buy a new flight with you, how would travel insurance help?