Flight delay compensation, all other EU airlines

Mark2spark · 21 March 2015 at 12:50AM

Unfortunately it doesn't appear to be case law, just another highly persuasive judgement.
But if I was - say - a family of 6, and the difference in exchange rates made for £200 or so, then I don't think it would be unreasonable to issue a small claims case for the full amount if the airlines refused to renegotiate on the better exchange rate point.

mjan · 21 March 2015 at 1:03PM

I've filed a MCOL against TAP Portugal and they have defended.

Their defence says:

"During inspection of the aircraft that was going to operate flight TP113 between Lisbon and Miami on the XX of XXXXX (aircraft XXXXX), a birdstrike (extraordinary circumstances hence it was an unexpected flight safety shortcoming) was found on engine #2 causing a blade distortion, which was replaced."

Now, they claim that it was a bird strike that caused the delay but, if it really was a bird strike, it was not discovered until inspection before the flight. Does this make it part of regular maintenance or an extraordinary circumstance? The flight departed 5 hours late and arrived just over 3 hour late.

What do you guys think, please?

Tyzap · 21 March 2015 at 1:25PM

mjan wrote: »

I've filed a MCOL against TAP Portugal and they have defended.

Their defence says:

"During inspection of the aircraft that was going to operate flight TP113 between Lisbon and Miami on the XX of XXXXX (aircraft XXXXX), a birdstrike (extraordinary circumstances hence it was an unexpected flight safety shortcoming) was found on engine #2 causing a blade distortion, which was replaced."

Now, they claim that it was a bird strike that caused the delay but, if it really was a bird strike, it was not discovered until inspection before the flight. Does this make it part of regular maintenance or an extraordinary circumstance? The flight departed 5 hours late and arrived just over 3 hour late.

What do you guys think, please?

It sounds like a load of bull to me.

Engine damage would have set off warnings in the cockpit, a bent fan blade would cause engine vibration.

Any damage to the engine would immediately cause alarms to go off, if it was missed by the flight crew it would amount to negligence IMO.

Getting it repaired so quickly also seems to indicate that this was not an engine fault.

Let us have the date, flight number and reg of the aircraft and we can look into it a little further.

Good luck.

mjan · 21 March 2015 at 1:34PM

Tyzap wrote: »

It sounds like a load of bull to me.

Engine damage would have set off warnings in the cockpit, a bent fan blade would cause engine vibration.

Any damage to the engine would immediately cause alarms to go off, if it was missed by the flight crew it would amount to negligence IMO.

Getting it repaired so quickly also seems to indicate that this was not an engine fault.

Let us have the date, flight number and reg of the aircraft and we can look into it a little further.

Good luck.

Thanks for your reply,

Flight number TP113 on 11th of July 2014. Aircraft identified as CSTOP (?) by them. Where could I find more information, please?

Tyzap · 21 March 2015 at 2:07PM

mjan wrote: »

Thanks for your reply,

Flight number TP113 on 11th of July 2014. Aircraft identified as CSTOP (?) by them. Where could I find more information, please?

You can Google and then use Aviation Herald, this reports most reportable airline incidents.

You can also put you details into some NWNF solicitors web sites who will check if it is a claimable delay.

Were you through ticketed from the UK or did you just catch the LIS - MIA flight? What was your itinerary?

mjan · 21 March 2015 at 2:21PM

Tyzap wrote: »

You can Google and then use Aviation Herald, this reports most reportable airline incidents.

You can also put you details into some NWNF solicitors web sites who will check if it is a claimable delay.

Were you through ticketed from the UK or did you just catch the LIS - MIA flight? What was your itinerary?

Flight was LHR (Heathrow)-LIS-MIA

I'll have a look at you suggestions, thanks

If anyone else has any other suggestions I would appreciate them.:beer:

mjan · 21 March 2015 at 3:57PM

I had a look at the Aviation Herald and could find no issues with this flight. I've also put the flight details on Bott and Co claim check and the website seems very keen for me to make a claim.

Would TAP lie on the court forms about this being exceptional circumstances? I really want to take this forwards but I've never been through the Small Claims process before.

Tyzap · 21 March 2015 at 4:15PM

mjan wrote: »

I had a look at the Aviation Herald and could find no issues with this flight. I've also put the flight details on Bott and Co claim check and the website seems very keen for me to make a claim.

Would TAP lie on the court forms about this being exceptional circumstances? I really want to take this forwards but I've never been through the Small Claims process before.

Why not! Lots of other airlines have, it seems to be their 'modus operandi'

You have loads of help here, so give it a go yourself if you feel confident enough. If not Bott and Co are excellent at what they do, and they are solicitors, not just a claims management company.

There is a lot of reading to do first but the satisfaction of DIY cannot be underestimate, just ask any of the regulars here!

Good luck whatever you decide.

NoviceAngel · 22 March 2015 at 11:51AM

mjan wrote: »

I had a look at the Aviation Herald and could find no issues with this flight. I've also put the flight details on Bott and Co claim check and the website seems very keen for me to make a claim.

Would TAP lie on the court forms about this being exceptional circumstances? I really want to take this forwards but I've never been through the Small Claims process before.

Yes, they would and do....

Hence the problem, most people give up at the very first hurdle. Jet2 have a three pile system it was revealed in Court (The Allen Case).

The first pile is the standard 'extraordinary circumstances' pile, then a second much smaller pile of letters received following Jet2's initial EC letter, then finally an extremely small 'in litigation' pile. The numbers are staggering over 10,000 in the first pile and just 450 in the litigation pile, sorry 448 now! Two recently settled.

I agree with Tyzap, give it ago but if you really feel it's beyond you, then Bott & Co have an excellent reputation on here.

Cheers,

NoviceAngel

insurgente · 23 March 2015 at 10:18AM

Back in July TAP had some issues as some aircraft it had ordered didn't arrive in time, causing all sorts of delays. If your delay was caused by that, I think you had a good chance of a claim:

There was a press release on TAP's homepage, but it has since been taken down. The full text is on here:

http://www.flyertalk.com/forum/other-european-airlines/1292033-tp-tap-new-routes-changes-9.html

Flight delay compensation, all other EU airlines

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