Flight delay compensation, all other EU airlines

tonydata · 1 December 2017 at 3:56PM

Tyzap wrote: »

Hi tonydata,

There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

Good luck.

Cool, ok, thanks Tyzap.... Will probably have a go myself! :money:

starbuck_ · 4 December 2017 at 4:25PM

Tyzap wrote: »

Hi starbuck,

XL are being very cheeky with that offer, it's a set amount depending on distance etc.

The airline will be XL Airways (France) as the British company went into liquidation a few years ago. This matters because I don't believe that XL have any operations or offices in the UK. If you can confirm this, it may mean that you will have to use the European Small Claims Procedure to claim your full compensation.

Dr Watson has provided a very comprehensive guide to the ESCP procedures in the Ryanair thread.

I don't recall any other claimants who have claimed from XL Airways prior to today, so you may be the first.

Good luck.

Good afternoon,

I have an update - last week I received an offer, for around 60% of the compensation amount based on distance travelled and length of delay. Should I be pushing for the full 100%? Are they trying it on?

Thanks

JPears · 4 December 2017 at 4:28PM

Yes and Yes. If they are offering anything at all, they know they are liable and trying to minimise their costs. Send a reply stating that compnsation is a fixed amount per person determined by regulation EU261/2004 and they must send the full amount within a set date, 14 days being reasonable.

starbuck_ · 5 December 2017 at 10:25AM

They are stating that the flight was not international, therefore max compensation is 400 Euro.

Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

Thanks

- 3.

'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;

Tyzap · 5 December 2017 at 11:49AM

starbuck_ wrote: »

They are stating that the flight was not international, therefore max compensation is 400 Euro.

Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

Thanks

- 3.

'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;

Hi starbuck,

The line of events, airlines used and the time line are not clear to me from what you have posted so far. If you could clarify the events and the airlines used, it would greatly help.

It's an odd reply from the airline, so I am a bit confused.

Normally a flight of this distance would determine the highest rate of compensation.

I believe that there are some 'odd ball' airports, so far as the regulations apply, similar to Gibraltar. So perhaps St Maarten or Guadalupe are regarded as French overseas territories and, therefore, a special case, under the EC261 regulations. It's an area I'm not strong on, so suggest you research this area to check it out further.

Good luck.

Kate33saver · 7 December 2017 at 11:48PM

Be kind, my first ever post! Used the MSE tools after an awful 18 hour delay flying Manchester to Rhodes in August with Enterair, a Polish airline whose service was truly terrible! After much fobbing off they are now offering half of what our entitlement is under a compromise agreement, pleading 'extraordinary technical/safety reasons' - which they weren't! They aren't signed up to an ADR scheme so only options are to accept reduced amount or take to CAA whose decision won't be binding on them.. Response has been so poor am not hopeful! Anyone in same situation; I believe they have a shocking reputation? Was a package holiday with Olympic who contracted them but now not getting involved..:(:

Tyzap · 8 December 2017 at 9:59AM

Hi Kate,

Enterair are amongst the worst when it comes to customer service, reliability and paying compensation.

If you read back or do a search for 'Enterair' you you can see some limited success stories and how others have dealt with them.

Your options are a little limited so I would be tempted to use a good quality, regulated NWNF solicitor such as Bott & Co, I don't recommend using an unregulated claims assistance company due to some PAX losing their compensation to unscrupulous companies in the past.

Good luck.

JPears · 8 December 2017 at 11:49AM

Like he said.
The fact that they offered half means they are fully aware they are liable, they are just trying to fob you off.
Go to the CAA with your claim AND a complaint about Enterair's behaviour.
Going legal DIY is problematic in terms of enforcement.

welshykev · 8 December 2017 at 8:42PM

Hi

Hoping I can get some advice. To summarise, I have made a claim against BMI back in July, heard nothing so put my complaint to CAA in September. I chased it up once and was told by CAA that they are still waiting for BMI to get back to them. I have chased up CAA again but am getting no response. Feels like nothing is being done. I am at a loss and don't know what my next move should be. Any ideas?

I have pasted the main content of my original letter below....

Re: Compensation claim for cancelled flight & delayed flight
Ticket Number: 2202381015304 (Lufthansa) Operated by BMI Regional

I am writing regarding 2 instances of cancelled/delays that affected my recent holiday.

The total compensation sought is a minimum of £440. I do not wish to receive vouchers as I do not intend to travel with BMI Regional again following this awful service. I seek compensation in GBP.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Instance 1: Bristol to Frankfurt

Flight xxxxx on xx June 2017, due to depart from Bristol Airport directly to Frankfurt International Airport at the scheduled departure time of 6:40.

This flight was cancelled at very short notice without any notification being issued to me seemingly because I had booked through and I am seeking compensation under EC Regulation 261/2004 for this flight.

I was placed on a KLM flight via Amsterdam (Ticket Number 2202383790170)

My scheduled flight length was 806km and the delay to the destination of the alternative flight offered was 4hrs and 15mins I’m therefore seeking compensation of £220.

Instance 2: Frankfurt to Bristol

Flight xxxxx on xx June 2017 from Frankfurt International Airport to Bristol Airport with the scheduled departure time of 15:00 This flight arrived 5 hours and 45 mins late at Bristol Airport.

I understand from the air hostesses that the flight was delayed due to a pilot not being available. This is certainly a responsibility of the airline and cannot be deemed a technical fault.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was 806km therefore I am £220 compensation.

glentoran99 · 8 December 2017 at 8:59PM

Tyzap wrote: »

Hi tonydata,

There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

Good luck.

it was a different one got me mine, clearlawonline sorted Monarch out for me

Flight delay compensation, all other EU airlines

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