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

batman44

The UK Civil Aviation Authority (CAA) has issued advice to passengers and called on airlines to comply with the law on compensation for disrupted flights, following the Supreme Court’s decision to refuse both Jet2 and Thomson permission to appeal rulings made by the Court of Appeal in June (see notes to editors for details).

Andrew Haines, Chief Executive of the CAA, said:
“We acknowledge airlines’ concerns about the proportionality of the flight delay regulations and recognise that airfares may increase as a result. However, the court’s decisions in these cases bring legal clarity to this issue and we now expect airlines to abide by them when considering claims.”

This is also important information for anyone who has made a claim for flight delay compensation but is waiting for a decision pending the outcome from Supreme Court. Following the decisions in these two cases, airlines should not continue to put claims on hold. Where airlines have already put claims on hold, the CAA expects airlines to revisit them and pay compensation for any eligible claims.

The CAA is not an ombudsman and does not have the power to force airlines to pay individual passengers’ claims. If passengers do experience a long delay or cancellation and wish to claim for compensation, they should contact their airline directly.

http://www.caa.co.uk/application.aspx?catid=14&pagetype=65&appid=7&mode=detail&nid=2398

jamesg123

glentoran99 wrote: »

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?

3 Answers Here

answer 1

Low cost carriers are strictly point to point airlines. If i was flying into London for a connecting flight I would not use a budget carrier. If you book with an airline who use London as a hub. (Lets choose LHR) book a connecting flight with this company IE British Airways or a Flagship carrier. Example I am flying from Manchester to Heathrow to New York. The answer is to book on BA.COM and they will quote you including a connecting flight. If your flight from Manchester is delayed go to the BA desk at Heathrow and they will put you on the next available flight or overnight you if you arrive late.You don't need compensation for this... (Although you may be lucky and get an upgrade on your flight!! heres hoping.)

Answer 2

Assume you were travelling to London from Manchester by train or coach for your flight to New York and you were delayed and missed your flight. Now tell me who is going to look after you now the train/coach company??? 9I know i will claim for my new flight and 250 euro compo from the train company) as mentioned previous very little help here.

Answer 3

Never travel without a credit card and cash. Even if you just use it for emergencies. I travel a lot and trust me Hotels around the world ask for a credit card upon arrival for security (mainly the mini bar). You cannot hire a car at your destination without a card. This covers fuel/cdw excess etc and also ensures that your licence is genuine and you don't run off with their car... Would you give a £30k car to a person with a driving licence only as ID ??

TRAVEL INSURANCE
You shouldn't leave the country without it. If you do decide to book point to point airlines or trains or coaches. This should pay out for your incurred costs (read limits) Together with medical cover (No NHS overseas) reciprocal healthcare via EHIC in european countries but only limited (no repatriation costs etc) and nothing further afield. Most policies paid out for hotels etc during the volcanic eruption in Iceland.
I cannot praise Travel Insurance enough.

Vauban

Whilst it's all very interesting to hear your views on the law (we all have those) the key point is that airlines (and indeed we all) have to adhere to the law as it is - not as they would like it to be. The fallacious nonsense peddled by those trying to wriggle out of paying compensation has been exposed by the Supreme Court as unlawful: so I look forward to seeing the airlines abide by the rule of law, as even the CAA is telling them to do.

glentoran99

jamesg123 wrote: »

3 Answers Here

answer 1

Low cost carriers are strictly point to point airlines. If i was flying into London for a connecting flight I would not use a budget carrier. If you book with an airline who use London as a hub. (Lets choose LHR) book a connecting flight with this company IE British Airways or a Flagship carrier. Example I am flying from Manchester to Heathrow to New York. The answer is to book on BA.COM and they will quote you including a connecting flight. If your flight from Manchester is delayed go to the BA desk at Heathrow and they will put you on the next available flight or overnight you if you arrive late.You don't need compensation for this... (Although you may be lucky and get an upgrade on your flight!! heres hoping.)

I didnt i flew monarch from mombassa to London , to get to home to belfast I had to get to there via a connecting flight I left a full day between connection, there was no flight available as you describe with the same Carrier from Mombasa to belfast

Answer 2

Assume you were travelling to London from Manchester by train or coach for your flight to New York and you were delayed and missed your flight. Now tell me who is going to look after you now the train/coach company??? 9I know i will claim for my new flight and 250 euro compo from the train company) as mentioned previous very little help here.

not relevant at all

Answer 3

Never travel without a credit card and cash. Even if you just use it for emergencies. I travel a lot and trust me Hotels around the world ask for a credit card upon arrival for security (mainly the mini bar). You cannot hire a car at your destination without a card. This covers fuel/cdw excess etc and also ensures that your licence is genuine and you don't run off with their car... Would you give a £30k car to a person with a driving licence only as ID ??

I dont have a credit card and have travelled round the world without one, and hired cars in numerous countries

TRAVEL INSURANCE
You shouldn't leave the country without it. If you do decide to book point to point airlines or trains or coaches. This should pay out for your incurred costs (read limits) Together with medical cover (No NHS overseas) reciprocal healthcare via EHIC in european countries but only limited (no repatriation costs etc) and nothing further afield. Most policies paid out for hotels etc during the volcanic eruption in Iceland.
I cannot praise Travel Insurance enough.

see red points above

manc.girl

Does anyone know if a ruling has been made on "Cracked Windscreens"? Monarch rejected my claim saying that it was an "extraordinary circumstance". I'm about to have another go, but wondered if anyone else had come across this.

glentoran99

Depends what caused the cracked windscreen I think

A_Flock_Of_Sheep

Don't be so sure of Thomson willingly writing cheques for historic claims older than two years. I suspect there will be some reason or reasons why they think they don't need to pay up.

Sigurd44

I'm afraid MSE does not properly cover my case - at least not explicitly. We Booked a holiday to Crete with Olympic flying from Birmingham to Heraklion in May 2011. The carrier was supposed to be Monarch, but Monarch or Olympic changed the outward carrier to Sky Wings (delayed for 1 hour), and the return flight to Balkan Airlines (who however identified themselves as Tour Air). The return flight arrived in Birmingham over 7 hours late. I wrote to Olympic to claim under 261/2004, but they simply said that my comments were noted but they were unable to offer any assistance. I took my complaint to the CAA but Olympic were still not forthcoming.

Caz3121

Sigurd44 wrote: »

but Monarch or Olympic changed the outward carrier to Sky Wings (delayed for 1 hour), and the return flight to Balkan Airlines (who however identified themselves as Tour Air). The return flight arrived in Birmingham over 7 hours late. I wrote to Olympic to claim under 261/2004,

The FAQs state that you make your claim against the operating airline. Balkan Airlines ceased in 2002. Olympic did use Tor Air for flights but Tor Air are no longer in business (had licence revoked Dec 2011) so it does not appear you have anyone to claim from

manc.girl

Monarch's reply was:- "delay to flight was due to aircraft suffering from a cracked windscreen, which required emergency repair earlier in the day. Despite our best efforts there were insufficient aircraft within the fleet to operate your flight on time". Don't know if Monarch have ever paid out for this.