Compensation for delayed flights Discussion Area

Caz3121 · 22 June 2013 at 5:44PM

Ouzoman wrote: »

a) my original flight was not cancelled it was 'rescheduled' and also a reschedule does not constitute a delay.
Your flight was not cancelled, it was delayed (you mention same flight number). Irrespective that they told you in advance as they gave you less than 14 days notice

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

Your measure of the delay is from the original scheduled time of arrival to actual time of arrival. Had you been given 14 days notice of the schedule change they could have avoided paying compensation but this was a long delay (I am guessing they knew that the aircraft was not going to be available to operate as planned so advised people but this would be treated the same as you turning up at the airport for a 1615 departure)

stuart300373 · 23 June 2013 at 8:46AM

thanks for your reply, our plane did have a technical fault and never left Manchester, I will go on the Thomas cook forum and have a look not giving up :j

Davidvgoliath wrote: »

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.

JBoyd · 23 June 2013 at 4:29PM

Just wondering if anybody has got any successful information about claims companies that will act on your behalf?

Having received the standard "extraordinary circumstances" explanation from Thomson about the previous flight which had a knock on effect to my flight, I'm not sure I have the skills, knowledge or time to peruse the claim myself. Therefore if anybody can advise I would be most grateful.

Many thanks in advance.

J. Boyd

danzltiu · 24 June 2013 at 9:37AM

Just seeking advice. my wife and I were booked on BA flight Gatwick to Tampa on 1st June. We were informed that it had been cancelled about 2 hours before take off. we were put into a hotel overnight and flown out the next day. I have applied to BA for compensation and have been told that it was due to technical reasons and we have no claim. I am unsure about this. What is also strange is that two weeks later the same flights to and from Gatwick/Tampa were also cancelled luckily we had requested that our flight back also be delayed a day so thus didn`t affect us. Any advice would be appreciated.
regards
Kevin

zetec-tdci · 24 June 2013 at 11:32AM

can anyone offer any advice we were delayed in may 2005 for 11 hours flying from durham tees valley airport flying to gran canaria it was a package holiday with thomsons, the flight was originally with an airline that went bust i think it was futura our flights were then transfered to spanair who have also since gone bust, the delay was due to technical problems with the lights on the plane then because of the time it took to repair the plane they decided that the crew would be over their hours thus adding to the delay i have checked to see if i can find the flight details but i cant find them maybe because spanair went bust, have i got a case to claim from thomsons as it was a package holiday and they were the ones providing the flights via another carrier we were just under the 12 hours delay to claim on our travel insurance we were given meal vouchers for food from the airline to use in the airport i look forward to any help or advice

lyndac40 · 24 June 2013 at 11:41AM

zetec-tdci wrote: »

can anyone offer any advice we were delayed in may 2005 for 11 hours flying from durham tees valley airport flying to gran canaria it was a package holiday with thomsons, the flight was originally with an airline that went bust i think it was futura our flights were then transfered to spanair who have also since gone bust, the delay was due to technical problems with the lights on the plane then because of the time it took to repair the plane they decided that the crew would be over their hours thus adding to the delay i have checked to see if i can find the flight details but i cant find them maybe because spanair went bust, have i got a case to claim from thomsons as it was a package holiday and they were the ones providing the flights via another carrier we were just under the 12 hours delay to claim on our travel insurance we were given meal vouchers for food from the airline to use in the airport i look forward to any help or advice

Hi your claim would be out of time it has to be done within 6 years in England and Wales and 5 years in Scotland.

Lynda x

Caz3121 · 24 June 2013 at 11:51AM

zetec-tdci wrote: »

can anyone offer any advice we were delayed in may 2005 for 11 hours flying from durham tees valley airport flying to gran canaria it was a package holiday with thomsons, the flight was originally with an airline that went bust i think it was futura our flights were then transfered to spanair who have also since gone bust, the delay was due to technical problems with the lights on the plane then because of the time it took to repair the plane they decided that the crew would be over their hours thus adding to the delay i have checked to see if i can find the flight details but i cant find them maybe because spanair went bust, have i got a case to claim from thomsons as it was a package holiday and they were the ones providing the flights via another carrier we were just under the 12 hours delay to claim on our travel insurance we were given meal vouchers for food from the airline to use in the airport i look forward to any help or advice

A trip to the FAQs could have saved you typing that.

date: too late out of time
airline bust: no claim - claim is from airline not thomsons

fezz · 24 June 2013 at 3:25PM

I went on a flight to Cyprus in 2008, it was delayed because the plane before us had an issue so everyone on that flight used our plane and we were delayed 15 hours. I know this falls under a case when the airline should compensate but their saying that as I didn't complaint about it with EU261 in the complaint till this year its outside the 2 year window? I didn't think it was a 2 year window, can anyone confirm this, is this correct?

I also complained at the time and was fobbed off, they said if I had mentioned eu261 originally then I would be compensated. Even though the complaint itself was the same! sounds like a legal loophole that their getting out of just because I didn't mentioned EU law at the time.

Any advise appreciated.

Caz3121 · 24 June 2013 at 3:47PM

fezz wrote: »

I went on a flight to Cyprus in 2008, it was delayed because the plane before us had an issue so everyone on that flight used our plane and we were delayed 15 hours. I know this falls under a case when the airline should compensate but their saying that as I didn't complaint about it with EU261 in the complaint till this year its outside the 2 year window? I didn't think it was a 2 year window, can anyone confirm this, is this correct?

I also complained at the time and was fobbed off, they said if I had mentioned eu261 originally then I would be compensated. Even though the complaint itself was the same! sounds like a legal loophole that their getting out of just because I didn't mentioned EU law at the time.

Any advise appreciated.

This is all covered in the FAQs. You don't mention the airline but it is likely there will be a specific thread for that airline and you should read that and post any further questions there

I don't believe them when they say if you had mentioned EU regulations at the time they would have paid out. The airlines had contested the compensation for delays through the courts so were not paying out until their claim was rejected in Sept/Oct 2012

fezz · 24 June 2013 at 5:23PM

Caz3121 wrote: »

This is all covered in the FAQs. You don't mention the airline but it is likely there will be a specific thread for that airline and you should read that and post any further questions there

I don't believe them when they say if you had mentioned EU regulations at the time they would have paid out. The airlines had contested the compensation for delays through the courts so were not paying out until their claim was rejected in Sept/Oct 2012

Hi, I read the FAQ first and couldn't see any mention of this 2 year time period, all I can see if the 6 years. Can you give me a direct link to this please? The Airline is Thomson Airways, it was First Choice.

Their response to me said:

The European Court ofJustice has confirmed that, as the Regulation doesn't say how long passengershave to bring their claims, we need to look at our national law. The SupremeCourt in the UK has said that all claims to do with "internationalcarriage by air" need to be brought within two years. We, therefore, can'tconsider claims for flights that were delayed more than two years ago unless EURegulations was mentioned at the time.

Is that correct?

Compensation for delayed flights Discussion Area

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free