Compensation for delayed flights Discussion Area
Comments
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I'm having a similar battle with TC over a 7.5 hour delay from Fuerteventura to Bristol. TC confirmed delay was due to blocked toilets on incoming flight, but still maintains it is EC as it 'could not have been foreseen or forestalled'. They are quoting Recitals 14 & 15 of the Preamble to EC Reg 261/2004 as their defence. They have confirmed they will not be making an offer of compensation. I have also pointed out as per advice on Watchdog that they cannot claim EC as the blocked toilet didn't affect our actual flight TCX 7029, but the inbound flight TCX 7028. Have today given them chance to reconsider. If they don't, next step is court.0
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I think I read on MCOL site that it's 1 claim 1 person.
Yet, unless I'm mistaken, this postMany thanks for the support in this matter.
I have now instigated court proceedings, paid the £80 fee and unlike other cases on here Virgin simply said it there was a fault that could not have been foreseen or prevented but gave no further insight or details as to what the fault was. Does anyone else find this odd?
Having issued an NBA on 12th April I received no response so have followed through with my intention to take action.
Will keep you updated.
appears to have paid £80 because the claim falls in this bracket: £1,500.01 to £3,000.
And the payout here.Hi All,
Just got home to find a letter from Virgin with a cheque for £2108 Wooop woooooop!!!!
Time line for those interested:
Dec 31st - sent initial letter
Early Jan - was told to complete forms
Early Jan - sent back forms
Mid Jan - confirmation that they had forms - reply due in 6-12 weeks
Late Mar - declined due to Extraordinary circumstances
Mid April - issued NBA - no reply...
9th May - started claim via MCOL
20th May - Virgin said they would defend all of claim
Today (12th June) - cheque for £2108 received
Many thanks for all the support on here.
For reference our flight was VS015 05/09/09 LGW MCO 20 hr delay.
So happy!! :j:j
Because of this confusion I may have use the n1 form and send through post. Also, there seem to be others putting themselves and their partners on the one claim. That's understandable for minors.0 -
Is staff illness classed as an extroidinary circumstance that cannot be used as an compensation claim.
BA have said the flight delay was due to staff illness and we won't be Intitled to any compensation after a 12 hour delay. But we don't think that was the reason. As when we were waiting in the departure lounge at the time for boarding the plane was not even there. when it came hours later we all boarded then set off down runway, stopped returned to gate, then back into airport. Lots of excuses made. In the end we flew the following day.0 -
Is staff illness classed as an extroidinary circumstance that cannot be used as an compensation claim.
BA have said the flight delay was due to staff illness and we won't be Intitled to any compensation after a 12 hour delay. But we don't think that was the reason. As when we were waiting in the departure lounge at the time for boarding the plane was not even there. when it came hours later we all boarded then set off down runway, stopped returned to gate, then back into airport. Lots of excuses made. In the end we flew the following day.
Is the risk of staff falling ill inherent in the business of running an airline? Answer: YES/NO
Is the ability to replace a poorly staff member with the airline's control: Answer: YES/NO
Delete as appropriate. Two "Yes"'s and you're through to the next round ...:D0 -
My thoughts are very anglo-saxon!
There is nothing in Article 5(3) of the Regulation 261/2004 that could possibly bear out this interpretation. To suggest otherwise is to come close to telling a big fat fib. If the airline is prepared to mislead you so contemptuously, you have only one option left: which is to initiate court proceedings. Given it sounds like your delay was the result of operational problems, following a technical fault with another plane, I'm willing to bet that they'd settle pretty sharpish than argue their (non-case) in court.
Thanks for the opinion, I am currently drafting my NBA. I'm including your legal trash talk from the post in FAQs! I'll let you know how I get on.0 -
For the 2nd question from Vauban, also add "...especially during 12 hours?"0
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hi there I was delayed in marmaris for 23 hours with my family,i have just been told by Thomas cook im not entitled to compensation because my welfare was looked after adequately,has any else had this and is it worth me sending this off to the CAA
thanks
stuart0 -
stuart300373 wrote: »hi there I was delayed in marmaris for 23 hours with my family,i have just been told by Thomas cook im not entitled to compensation because my welfare was looked after adequately,has any else had this and is it worth me sending this off to the CAA
thanks
stuart
Probably best to post in the specific Thomas Cook thread?
The fact that they 'looked after your welfare adequately' is not enough in itself to avoid the standardised compensation set out in EU 261/2004. Whether you are due compensation depends on the reason for the delay, which you have not specified. If it was a 'technical fault' with the aircraft, you are in all probability due compensation, however there is a good chance TC will argue otherwise. Provide some details on the TC thread and you will get assistance, but be warned it will likely be a long fight and you will probably have to initiate litigation (not as difficult as it sounds). There is a chance however TC will just admit and pay up. Forget the CAA, they are swamped, you will get nowhere and some feel they are powerless against intractable airlines.0 -
Hi all seasoned travellers.
Am I being conned?
On Thursday evening 20 June I was informed by my tour operator that my flight, due to leave a Greek Island on Friday 21st at 16.15, arrive UK 19.20, had been 'rescheduled' to leave at 22.20 and arrive UK at 01.15. Same flight number.
The 22.15 flight was delayed and left at 01.10 , NB < 3hrs after 22.20, and also arrived in UK < 3hrs after 01.15.
However, my actual departure time was 9 hours after my original schedule, as was my arrival.
I was given <24hrs notice of this chaotic scenario.
Will the operator try to claim that
a) my original flight was not cancelled it was 'rescheduled' and also a reschedule does not constitute a delay.
b) my rescheduled flight was delayed < 3hrs.
As I see it my original flight was cancelled, they did not have a plane and had to find another one, and I got home 9hrs late.
Is this and open and shut case for compensation or do I fall foul of the neatly engineered loophole using the 'rescheduled' wheeze?
Help please. I cannot find this particular 'rescheduled' scenario explained anywhere.
Yamas0 -
Hi all seasoned travellers.
Am I being conned?
On Thursday evening 20 June I was informed by my tour operator that my flight, due to leave a Greek Island on Friday 21st at 16.15, arrive UK 19.20, had been 'rescheduled' to leave at 22.20 and arrive UK at 01.15. Same flight number.
The 22.15 flight was delayed and left at 01.10 , NB < 3hrs after 22.20, and also arrived in UK < 3hrs after 01.15.
However, my actual departure time was 9 hours after my original schedule, as was my arrival.
I was given <24hrs notice of this chaotic scenario.
Will the operator try to claim that
a) my original flight was not cancelled it was 'rescheduled' and also a reschedule does not constitute a delay.
b) my rescheduled flight was delayed < 3hrs.
As I see it my original flight was cancelled, they did not have a plane and had to find another one, and I got home 9hrs late.
Is this and open and shut case for compensation or do I fall foul of the neatly engineered loophole using the 'rescheduled' wheeze?
Help please. I cannot find this particular 'rescheduled' scenario explained anywhere.
Yamas
A rescheduling with less than 14 days notice is regarded as a delay, I believe. Your flight was not cancelled but was delayed nine hours, and you should put in a claim on that basis.
Of course you might find that the airline tell you that this delay was due to "extraordinary circumstances" ...0
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