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Flight Delay Compensation

Bolton, United...
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Flight Delay Compensation

I've already filed a claim through a website called Delayed Flights regarding a flight with Ryanair from Palma last August that was delay 31/2 hours. It's taking forever as they allow the airline six weeks to reply (which they haven't) and then there are god knows how many other stages to go through. At this rate it could be years before I see a penny!!!! I initially started a claim bye myself but thought it would be quicker through a claims firm.

Portland, Oregon
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71. Re: Flight Delay Compensation

>> The voucher is for £1074.00 for 2 pax, and I have happily accepted this. As a frequent traveller to Goa, charter carriers are limited, so the voucher will be used in the alloted 11 months to expiry.<<

£1074 at the current interbank rate is €1232, or €616 each. That's the required compensation. If you're happy to accept that towards future flights then no problem. You haven't been ripped off at all.

Hartlepool, United...
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72. Re: Flight Delay Compensation

I am happy with the compensation, my post was more in reference to how quickly and efficiently Thomas Cook have dealt with my claim.

Huddersfield...
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73. Re: Flight Delay Compensation

Hi there can anybody advise me. Last year we were delayed coming back from Antalya TOM 513 jULY 31ST. Thomson have sited extraordinary circumstances and rejected my claim as there was a technical fault with the reverse thrust actuators. Ithink this is a stock answer as we were given a pre emptive letter when we did eventually board 24 hours latter.

Has anybody on the same flight been succesful in a claim?

Can they use the extra ordinary excuse?

Any advice for a small claims case

Basingstoke, United...
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74. Re: Flight Delay Compensation

Hi. I'm claiming for a different Thomson flight but they are also claiming extraordinary circumstance for a small technical delay. Their customer service let slip to me that pretty much all technical fault delays were going to be categorised as such. Im taking our case to the CAA.

Bolton, United...
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75. Re: Flight Delay Compensation

In both cases I would send a final letter before court action and then take them to court via the small claims online process. This is what I did eventually after wasting a lot of time and money going down some other routes that lead nowhere. I eventually settled for a full refund of return flight costs. Trust me on this one they can no longer use the 'extraordinary circumstance' excuse for technical faults since the landmark EU261 ruling last November. Please read all this thread back as it was invaluable to me. Some great guys and advise on here. They will settle as they are desperate for cases not to go to court.

Truro, United...
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76. Re: Flight Delay Compensation

Hi Everyone, I have just joined the forum to offer you all encouragement in your claims for flight delay compensation with details of my daughters recent successful County Court claim - see below:

On 25th April 2013 at Truro County Court my daughter won her case against Thomson Airways for a 7 hour delay in her flight from Exeter to Ibiza (TOM6642) on 10th October 2009.

My daughter was claiming on behalf of herself and her friend and was awarded £525 including costs, and as she is currently in Australia, I represented her in Court.

The matter had been on going for quite a long time with an initial claim being lodged with the Court in July 2010 after Thomson Airways ignored all our claim letters and a' Letter Before Action' regarding the EC-261/2004 regulation.

Once the claim had been issued Thomson defended the claim and the basis was that EC-261/2004 did not apply to delays or, in the alternative, a technical fault with the aircraft was 'extraordinary circumstances'.

Having cited Sturgeon, Wallentin & Kramme as 3 cases in support of the claim and with a stalemate position between the parties, the Court set a date of 21st December 2010 for a hearing.

On 20th October Thomson Airways asked the Court to stay the claim pending the hearing of the EC case to review EC-261/2004 and on 10th December 2010 the Court stayed the claim pending the determination of CO/6569/2010/ECJ.

After waiting for a couple of years and following the ruling from the EC in November 2012 that flight delays over 3 hours were to be included for compensation, and after contacting the Court, a Directions Hearing was set for 4th February 2013 which was attended by Counsel for Thomson Airways and this resulted in a Full Hearing on 25th April 2013 which was attended by Thomson Airways own legal representative.

Thomson Airways defence and skeleton argument centred on a sensor in the hydraulic fluid tank going faulty 20 minutes before scheduled take off, in assessing whether the fault was an extraordinary circumstance they provided witness statements from their engineering manager and program delivery manager in order to try to prove that the part had no history of failure and that a replacement plane was provided as early as possible.

Thomson Airways also relied on the EC case Wallentin-Herman v Alitalia paragraphs 24 & 25, in that the aircraft had had regular maintenance, and because the fault was detected outside of regular maintenance and was not because of poor maintenance, then the defect could not be considered as inherent with the normal operations of the airline.

My daughters case was that technical faults with aircraft are inherent in the airline business and as such contingency plans for short term supply of parts and / or replacement aircraft, either by contract, hire or their own aircraft availability should be in place and that not 'all reasonable measures' had been taken to ensure the service and satisfaction of my daughter and her friend.

After a short adjournment, the District Judge agreed with my daughter as claimant and found against Thomson Airways as defendant, we have received the Judgment Order in the post and now await receipt of the £525 by 16th May.

More proof that mechanical faults with aircraft are NOT 'extraordinary circumstances' as the airlines so regularly claim.

Good Luck to everyone!

Portland, Oregon
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77. Re: Flight Delay Compensation

Thanks for the information Tommy, very useful.

FYI, £525 equates to roughly €622, so that's €250 compensation each for that flight, plus €122 (or £103) costs.

Edited: 7:50 pm, April 30, 2013
UK
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78. Re: Flight Delay Compensation

Thanks so much for this very detailed report Tommy. It seems to me that Thomsons used your daughters case as a test case to try to get some engineering failures classed as extraordinary, so in that respect you were probably unlucky that they chose to take it all the way to court and provide multiple staff members to arguetheir case, as there have been so many times they have lost these type of cases that you think they would have given up after the WH case and just paid her before it got to court.

Manchester, United...
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79. Re: Flight Delay Compensation

>>>It seems to me that Thomsons used your daughters case as a test case to try to get some engineering failures classed as extraordinary<<<

Except that precedent isn't set in the small claims track and each case is and will be judged on its own merits and facts.

Bolton, United...
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80. Re: Flight Delay Compensation

Well done Tommy. Excellent post with great detail. You must have the patience of a saint waiting over three years and then having to attend court. Most people would give up and that's what the airlines rely on.