Flight delay compensation, all other EU airlines

razorsedge · 13 February 2015 at 4:18PM

mjan wrote: »

Hi all,

I read the guides and been in contact with Tap Portugal but getting nowhere.

Delayed flight in July, first letter sent to London office in October and LBA sent in December. No reply to any letters until a template email received today with the usual crap about exceptional circumstances (without saying what actually happened) and sorry nothing else we can do.

I'm losing patience and have a claim already filed in on MCOL website just waiting to press the submit button.

Shall I give them another chance to explain themselves or just go ahead with the court claim?

Just need a nudge in the right direction

Thanks

You have already given them 'another chance' to explain themselves when you sent your LBA. No point in sending an LBA if you don't intend to follow up with legal action within the timescale you presumably gave them.

Nudge nudge your fingers to the submit button!

Flugelhorn · 21 February 2015 at 9:59PM

was due to fly back from germany on friday 13th but flight (germanwings) was cancelled owing to pilots strike - they offered refund or rebook but next flight was 2 days time, they did not allow change of route. I took the refund and rebooked with jet2 on another route to get home about 10 hrs later than I originally planned (and double the cost)
Have had a look at Vauban's guide but didn;t see any mention of industrial action - can I do anything about the extra cost?

ETA - just been browsing a bit further - realise now that compensation not payable for strikes

will_smith_2 · 13 March 2015 at 11:27AM

Flight TCX 0168 - 24/10/2015 from Gatwick to Dom Republic.
Just received an email from TC, whom have changed their stance on the cause of the delay, however not provided any detail and offered now offered 600 euros compensation, initially as vouchers but I pointed out their error - now have he offer as sterling.
However the exchange rate to convert euros to sterling is todays rate which is considerably worse than the rate of when the incident occurred, are TC allowed to choose the exchange rate, should they not use the rate from the day of the incident?
Any direction on legal precedent would be welcome
Please note I did involve the CAA but am awaiting an update so they may have shown TC the error of their ways!!

NoviceAngel · 13 March 2015 at 11:33AM

will_smith wrote: »

Flight TCX 0168 - 24/10/2015 from Gatwick to Dom Republic.
Just received an email from TC, whom have changed their stance on the cause of the delay, however not provided any detail and offered now offered 600 euros compensation, initially as vouchers but I pointed out their error - now have he offer as sterling.
However the exchange rate to convert euros to sterling is todays rate which is considerably worse than the rate of when the incident occurred, are TC allowed to choose the exchange rate, should they not use the rate from the day of the incident?
Any direction on legal precedent would be welcome
Please note I did involve the CAA but am awaiting an update so they may have shown TC the error of their ways!!

Would be better on the TC thread http://forums.moneysavingexpert.com/showthread.php?t=4384693

TBH, they could insist on paying you in Euros as the regulations relate to a Euro amount. Be happy about your success ! :beer:

Justice13075 · 13 March 2015 at 2:46PM

For people complaining about the exchange rate ask your self this question, If the exchange rate was better than when you booked your flight would you give back any excess money to the airlines. Just be happy with your win.

Tyzap · 13 March 2015 at 3:48PM

Justice13075 wrote: »

For people complaining about the exchange rate ask your self this question, If the exchange rate was better than when you booked your flight would you give back any excess money to the airlines. Just be happy with your win.

But the airlines will want it both ways, so when the exchange rate drops they will want to use the date of delay.

They are not using a level playing field, they're using whatever suites them best.:cool:

Tyzap · 20 March 2015 at 2:31PM

will_smith wrote: »

Flight TCX 0168 - 24/10/2015 from Gatwick to Dom Republic.

However the exchange rate to convert euros to sterling is todays rate which is considerably worse than the rate of when the incident occurred, are TC allowed to choose the exchange rate, should they not use the rate from the day of the incident?
Any direction on legal precedent would be welcome
Please note I did involve the CAA but am awaiting an update so they may have shown TC the error of their ways!!

Just come across this which clarifies payments in euros and the date for the exchange rate.

http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

Vauban · 20 March 2015 at 2:36PM

Tyzap wrote: »

Just come across this which clarifies payments in euros and the date for the exchange rate.

http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

Very interesting - and potentially quite lucrative for folk who started legal action a while back when the pound was way lower against the Euro. I wonder how folk can get a transcript of this judgement?

NoviceAngel · 20 March 2015 at 3:06PM

District Judge Jenkinson again, What a decent bloke :beer:

I wish I hadn't read that it would have made a difference of £114.23 in my case.

My advice will have to change from this point onwards then, it's fair to say that my interpretation of the regs was that the compensation amount mentioned Euros and as such payment naturally could be in Euros if the airline insisted in following the regs to the letter of the EU law.

Cheers,

NoviceAngel

Tyzap · 20 March 2015 at 4:00PM

NoviceAngel wrote: »

District Judge Jenkinson again, What a decent bloke :beer:

I wish I hadn't read that it would have made a difference of £114.23 in my case.

My advice will have to change from this point onwards then, it's fair to say that my interpretation of the regs was that the compensation amount mentioned Euros and as such payment naturally could be in Euros if the airline insisted in following the regs to the letter of the EU law.

Cheers,

NoviceAngel

It's always nice to be able to come up with a bit of case law to assist your claim and take any doubt out of it.

As you say, with the £ being strong, at the moment, it assists the airlines and not the claimants.:o

Flight delay compensation, all other EU airlines

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