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flight hold up

Halifax, United...
posts: 6
flight hold up

was anyone on the flight back from Banjul airport gambia..march 23rd 2009...it was held up three days due to a technical problem.was any compensation paid out.it was with Thomas cook airlines

29 replies to this topic
Salisbury, United...
Destination Expert
for Gambia
posts: 5,491
reviews: 3
1. Re: flight hold up

Hi

lynne1

This aircraft sustained a birdstrike on finals Unlike their name ducks don't (or other birds) Without any personal knowledge the answer to your question has to be yes The rules are quite strict nowadays and well policed What is your interest were you onboard our waiting to return rgds

DONCASTER
posts: 3,296
reviews: 13
2. Re: flight hold up

It depends on what was paid at the time and what TC did to accommodate those delayed. If it was treated as a delay then no compensation was due apart from small allowance for meals and possibly rooms. You could have cancelled your flight and received a refund and booked another flight. If it qas a cancellation then compensation was due and should have been paid.

The law changed but was fought by the airlines however the good news is that delays are now covered for compensation and any claims are retrospective however only for six years since the last correspondence.

I was delayed for almost 17 hours in Banjul and got D400 to feed me.That was it.

Edited: 3:19 pm, September 20, 2013
Nottingham, England
posts: 903
reviews: 59
3. Re: flight hold up

The EU regulation states that only exceptional circumstances (EC) are excluded from paying out compensation. In November last year the EU ruled that technical problems were excluded as EC. A recent case has ruled that the time limit for claiming compensation is determined by the country in which the flight is operated from (in your case the UK). The UK time limit is six years so you are well within the limit.

Thomsons are currently appealing this judgement but not expected to win - they maintain the limit is 2 years. Other airlines will no doubt be watching the result of this appeal with interest - the case is scheduled to be heard in Cambridge High Court between January & May 2014.

The statutory obligations of airlines to provide accommodation, sustenance etc is in addition to the compensation due for a delay/cancellation as set out in the EU ruling.

Visit Money Saving Expert & read up on flight delay compensation - a forum is there for individual airlines. Or send me a private message & I will advise you further.

It appears to me that you have a strong case for compensation. It's time consuming & frustrating but could be worth your while.

Newcastle upon...
posts: 136
reviews: 3
4. Re: flight hold up

I was on this flight, but because they had put us up in hotels, fed us etc we were told there

would be no compensation. Looked on it as three extra days holiday even though we spent a long time

at the airport!! Unfortunately our car was parked at Manchester and got broken into the night before we

arrived back, now that wouldn't have happened had we not been delayed.

DONCASTER
posts: 3,296
reviews: 13
5. Re: flight hold up

TravelLover From what I understand the six year rule applies to UK claims under the Limitations Act so there is no argument about that. What TC are appealing is that they say the 2009 delay was not caused by them and they should not have to pay.

The rule regarding compensation became law after several years but eventually was approved by the EU Parliament. If you are delayed more than 3 hours ten you may have a claim depending on the circumstances.

I did ask for compensation when I was delayed for 17 hours but got nowhere at the time. I did say keep my case ope until EU decide but unfortunately I somehow managed to lose all my paperwork.

Nottingham, England
posts: 903
reviews: 59
6. Re: flight hold up

You are both good candidates for quite a bit of compensation under the EC Ruling 261/2004. If successful it would probably be €400 per person. This ruling was to make airlines treat passengers better rather than putting their profits first.

NORLAND, UK
posts: 2,637
reviews: 27
7. Re: flight hold up

Does all this relate to the delays when there was the ash cloud as well?

DONCASTER
posts: 3,296
reviews: 13
8. Re: flight hold up

Hi Kerrofsabal, NO! as this was not the fault of the airlines.

Accrington, Lancs
posts: 88
reviews: 11
9. Re: flight hold up

Do the changes in rules not apply only to flights within the EU?

London
posts: 7,162
reviews: 21
10. Re: flight hold up

They apply to all E.U. registered airlines whereever flying and to non registered E.U. airlines departing from the E.U.

Regarding original post if delay was caused by bird strike, believe this is classed as extraordinary circumstance and no compensation is payable. Whether you could argue that airline could have provided substitute aircraft quicker than three days is probably down to a court to decide.

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