Flight delay compensation, all other EU airlines

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  • 111KAB
    111KAB Posts: 3,645
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    bcrisp there is an easyJet thread where you have posted - your questions are answered there.
  • mjan
    mjan Posts: 70
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    Hi folks,

    I'm taking TAP Portugal to court and the hearing is in about a weeks time. Their defence is that a bird strike caused the delay but I'm not sure about that.

    Their defence pack includes a couple of pages of internal communications that mention a bird strike and a few maintenance reports that don't mention it at all so I still think they're fabricating the cause of the delay.

    My claim is based on it being a technical problem (Huzar) but if the court believes it to be a bird strike, also based on the recent Manchester case of Ash v Thomas Cook where the judge found for the claimant on a bird strike case and also that the NEB list and CAA list of EC's are non binding and only a wish list for the airlines.

    I'm including a link for TAP's defence... Could a few of you have a look at it and see if you can come up with a few ideas for my court arguments, please?


    http://s568.photobucket.com/user/e106nf/library/

    Thanks for any input :)
  • Tyzap
    Tyzap Posts: 2,112
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    mjan wrote: »
    Hi folks,

    I'm taking TAP Portugal to court and the hearing is in about a weeks time. Their defence is that a bird strike caused the delay but I'm not sure about that.

    Their defence pack includes a couple of pages of internal communications that mention a bird strike and a few maintenance reports that don't mention it at all so I still think they're fabricating the cause of the delay.

    My claim is based on it being a technical problem (Huzar) but if the court believes it to be a bird strike, also based on the recent Manchester case of Ash v Thomas Cook where the judge found for the claimant on a bird strike case and also that the NEB list and CAA list of EC's are non binding and only a wish list for the airlines.

    I'm including a link for TAP's defence... Could a few of you have a look at it and see if you can come up with a few ideas for my court arguments, please?


    http://s568.photobucket.com/user/e106nf/library/

    Thanks for any input :)

    Hi mjan,

    There is plenty to go at but I'll put some pointers in a PM as the airlines do read these threads.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • mjan
    mjan Posts: 70
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    Tyzap wrote: »
    Hi mjan,

    There is plenty to go at but I'll put some pointers in a PM as the airlines do read these threads.

    Good luck.


    Thank you for the PM's Tyzap. I'll give further info asap.


    Do you or anyone else know if it is worth it to complain to the court that the defendant served their papers to me 3 days later than the deadline ordered by the court? I have a feeling the court will probably let it pass although it is the second time they do it.
  • Tyzap
    Tyzap Posts: 2,112
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    mjan wrote: »
    Thank you for the PM's Tyzap. I'll give further info asap.


    Do you or anyone else know if it is worth it to complain to the court that the defendant served their papers to me 3 days later than the deadline ordered by the court? I have a feeling the court will probably let it pass although it is the second time they do it.

    Hi mjan,

    I have been down the route of complaining to the court when Jet2 submitted their defence documents to the court late. I asked for default judgement but the court decided to accept their late submission.

    I complained to the court and the complaint went, eventually, to the top, when they just said that it was up to them. Dates and deadlines, as many others have already said, don't seem to apply to the court system.

    So, no. It's a complete waste of time and effort imho.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Just got a response from Vueling via the Resolver tool. They acknowledge that compensation is due and are requesting bank details, but they don't give a figure. The claim is for the best part of £400.


    Why no figure? If bank details are provided does that tantamount to accepting whatever they might ultimately offer, even if it's way under what was claimed?


    Thanks.
  • Caz3121
    Caz3121 Posts: 15,533
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    EU compensation is a fixed sum based on distance so would be €250 for route under 1,500km and €400 for over
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    The claim is for a late flight which resulted in a missed connection, which then meant having to buy another ticket with a different airline. I'm not sure if they will accept that, or just pay the standard amount.
  • Caz3121
    Caz3121 Posts: 15,533
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    GingerBob wrote: »
    The claim is for a late flight which resulted in a missed connection, which then meant having to buy another ticket with a different airline. I'm not sure if they will accept that, or just pay the standard amount.
    If this was all on one ticket then the airline should have rerouted you without you having to buy a new ticket. Did they refuse to reroute you and confirm they would reimburse another flight?
    If this was separate tickets then you are covered for the delayed journey only and the new ticket is part of the risk with separate tickets
  • Caz3121 wrote: »
    If this was all on one ticket then the airline should have rerouted you without you having to buy a new ticket. Did they refuse to reroute you and confirm they would reimburse another flight?
    If this was separate tickets then you are covered for the delayed journey only and the new ticket is part of the risk with separate tickets


    Yes, this was a single ticket, Malaga to Bucharest via Barcelona. The delay in the first leg meant the connection from Barcelona was missed. An alternative flight to Bucharest from Barcelona was offered, but it was two days later, so there was no alternative but to purchase a ticket with another airline. Vueling didn't authorise this. I guess the relevant distance here is Malaga to Bucharest, so hopefully looking at the 400 EUR payment. At this point I assume it's reasonable to just go ahead and provide Vueling with bank details?
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