Flight delay compensation, all other EU airlines

lyster101 · 25 March 2015 at 6:47PM

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

Keep going.

I've been chasing them since they cancelled a flight on 1st November due to a cabin crew strike. Since the end of December they've been 'unable' to pay (after agreeing that compensation is due) because of a problem with their finance department and being 'unable' to make any payments "to the UK". I've called their Lisbon operations several times and hear this nonsense each time. Have they fobbed you off with this excuse too? Should I go down the MCOL route too, targeting at their Hammersmith centre?

Lock5 · 3 April 2015 at 1:02PM

I flew LHW to Jerez in May 2011 and went via Madrid. Heathrow to Madrid was with BA and fine. Madrid - Jerez = Iberia.

The flight should have left at 21,25 and landed at 22.30.
We were told of a 70min delay but then 80mins later I was on the plane and we were told there was a technical fault. That was dealt with quickly but then half hour later (still on plane) we were told Jerez airport had closed!
I had to wait for people to get off the plane and remove luggage etc. I stayed on the plane and was flown to Seville where they then arranged for a coach to take us to Jerez.
Arrived at 4.30AM the next day (so 6 hours later than planned arrival time)

2 days later I had a text saying my flight home (Jerez to Madrid) had been cancelled! No reason at all.
I had to get back due to work and ended up paying out to get to Malaga and pay to get another ticket (I think with different airline) to get home on time.

At the moment Iberia's response is that you can only claim back to 2011 which I have told them is nonsense! Trouble is you can only contact them through the form on website - filling out same details again and again and again every time.
Is it worth the hassle?!

Vauban · 3 April 2015 at 1:41PM

Is it worth the hassle messing about with their website? No.

Is it worth the hassle doing something that might actually get you your compensation? Well only you can answer that!

Lock5 · 3 April 2015 at 2:17PM

Vauban wrote: »

Is it worth the hassle messing about with their website? No.

Is it worth the hassle doing something that might actually get you your compensation? Well only you can answer that!

I'm more than happy to keep at them Vauban but it is obviously more tricky as the flight departed and arrived in Spain so going to their equivalent of CAA and from what I've read they are also not at all helpful!!
Bott & Co. etc. won't handle the case as it is not in UK. Unless you have any further wonderful tips I am not sure what else I can do.

111KAB · 3 April 2015 at 2:33PM

I disagree that the Spanish NEB are not helpful. I have approached them a number of times and they have assisted every time however UK Courts do not accept their findings as they have no jurisdiction in a UK Court.

Sounds to me that you do not want to take on yourself so whist not recommending the link/firm I provide you may wish to see if they are willing to help given your flight was in Spain ...

https://www.facebook.com/Retrasos.net

Lock5 · 3 April 2015 at 2:41PM

111KAB wrote: »

I disagree that the Spanish NEB are not helpful. I have approached them a number of times and they have assisted every time however UK Courts do not accept their findings as they have no jurisdiction in a UK Court.

Sounds to me that you do not want to take on yourself so whist not recommending the link/firm I provide you may wish to see if they are willing to help given your flight was in Spain ...

Thanks for the link 111KAB
Please don't make assumptions though - you have no idea how many hours have already gone into this and will continue to go into it. I simply came on here to get tips/advice which I appreciate.

Mark2spark · 3 April 2015 at 6:00PM

Can't you use the European claim system (as detailed on the Ryanair thread) ?

engeeaitch · 8 April 2015 at 1:35PM

Hi - I have looked around the forum, but not found anything that seems to match my case:

I flew with EasyJet from Lyon to Stansted on 21 Feb. Shortly before we were due to board, there was some snowfall, but the airport remained open. We boarded the plane more or less on time, but were then required to sit on the plane for almost seven hours waiting for the plane to be de-iced.

I have written to EasyJet requesting compensation, but they have replied saying that the flight was delayed “due to the lack of de-icing in Lyon” and was therefore an extraordinary event. It seems to me that a snowfall in an airport close to the French Alps in the middle of winter was an entirely ordinary event.

Does anyone have any advice to offer please?

NoviceAngel · 8 April 2015 at 3:22PM

engeeaitch wrote: »

Hi - I have looked around the forum, but not found anything that seems to match my case:

I flew with EasyJet from Lyon to Stansted on 21 Feb.Shortly before we were due to board, there was some snowfall, but the airport remained open.We boarded the plane more or less on time, but were then required to sit on the plane for almost seven hours waiting for the plane to be de-iced.

I have written to EasyJet requesting compensation, but they have replied saying that the flight was delayed “due to the lack of de-icing in Lyon” and was therefore an extraordinary event.It seems to me that a snowfall in an airport close to the French Alps in the middle of winter was an entirely ordinary event.

Does anyone have any advice to offer please?

This is a tricky one, because I agree with you but feel that you would have an uphill struggle to win this one.

Weather is a genuine Extraordinary Circumstance, so because the delay was mainly due to the weather you are unlikely to succeed. I know your saying it was a lack of de-icing so that's where if you could prove that point you would have a reasonable chance of a successful claim.

The crux is can you prove it was down to a lack of de-icing exquipment available?

Might be worth handing this one to a NWNF Solicitor, see if they will take the case?

Sorry,

NoviceAngel

Caz3121 · 8 April 2015 at 4:16PM

Looking at Flightstats for Lyon departures it does look like it all went wrong about 09:40am...I expect if there was some snow then, even if the runway was not closed (although it would normally be closed for clearing) there were 20 aircraft in that first hour that would have needed de-iced - the hourly departures then reduce but that first hour will undoubtedly cause a backlog and there were a number of 6 hour+ delays and cancellations

I cannot see the STN flight listed on Flightstats but checking the Easyjet LTN flight number in for the same date on one of the NWNF sites, you get the following;-
Our data shows that the airline can claim 'exceptional circumstances' e.g. there was a strike or bad weather conditions. This means they can't be held responsible and can't be forced to pay compensation.
While it is possible to claim compensation it's unlikely you'll be successful. We recommend not pursuing this case.

Flight delay compensation, all other EU airlines

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