Can someone advise me please!
While returning to the UK form Malawi on a Kenyan Airways flight, my flight was cancelled and we left the following day. Could I be able to claim based on the EC regulation on flight cancellation in view of the fact that Kenyan Airways is obviously not an EU carrier and the flight departed from a third country? Does the definition of an EU carrier as a carrier licensed in an EU country include all carriers that operate in the EU or is limited to only those carriers which are registered in an EU country? Is it a significant fact that the journey began and ended in a UK airport?
If anyone has had a similar experience please advise on how you resolved the issue.
Thanks in advance.
Chima
Welcome onboard
The way I understand it, you won't have a claim as it's a non-EU carrier. During the delay, were you given food / drink, or a voucher for those, accommodation etc? If so, the airline probably did everything they needed to so you might not have a claim. You might be able to claim on your travel insurance though for any expenses incurred.
Darren
The ruling has to be rubber stamped by the European Court. But already a new website called Flight-Delayed, which offers to submit compo claims for Brits, has been launched.
http://www.thesun.co.uk/sol/homepage/news/money/4318933/Airlines-told-Pay-compo-for-delays.html
TWEETIE PIE wrote:hi ...thoght this might be of interest...court ruling ...and quote
The ruling has to be rubber stamped by the European Court. But already a new website called Flight-Delayed, which offers to submit compo claims for Brits, has been launched.
Wonder how this will go down with ryanair, will they make some excuse....sorry we dont deal with third parties, you must submit your claim to us
But already a new website called Flight-Delayed, which offers to submit compo claims for Brits, has been launched.
And charges you for acting as an agent for doing something that you can do direct for yourself! I wonder how long it will be before the speculative automated telephone calls start up for this as they have done with regard to caloms for PPI compensation?
SM
SMa wrote:But already a new website called Flight-Delayed, which offers to submit compo claims for Brits, has been launched.
And charges you for acting as an agent for doing something that you can do direct for yourself! SM
If there a charge, dont think it sounds that bad, know you can do this your self
Now Im guessing ther charge will be for legal representation, and the airlines might have no excuse for not paying out
So they could be very helpfull if a airline like ryanair do all they can to avoid sending you compoensation
The ECJ has today upheld its previous ruling granting compensation to passengers whose flights are delayed by 3 hours or more and the reasons for which are not due to "extraordinary circumstances".
thanks any help will be great
Welcome onboard
Are you asking if you are entitled to retrospective compensation for a delay that occurred in 2006? I'm afraid not as it occurred prior to the new ruling. Even if it was possible, you're far too late to make a claim and would need the reason for the delay. What do you want compensating for? What did you lose? Did the airline get you home, albeit late and provide you with overnight accommodation until the flight was ready? They probably did everything they needed to do at the time so you might not really have a claim.
Darren
i think we should be entitled to it i know you say they got us home but have you ever been stuck in an airport with 2 young childern or 12 hrs at a time and then arrive back at the wrong airport so even longer to get home as car is at the airport we was supposed to fly to not the best service which is what we paid for and did nt get
The longest delay I've had is 53 hours being stranded 4,100 miles from home so I know more than most where you are coming from with this, and have been on several flights that have diverted for several reasons to alternate airports, but I would say it wouldn't be worth the hassle and you'll probably just get directed to your holiday insurance for delayed flights. The first thing you need to establish is the reason for the delay. By all means give it a go, but given the time scales, it'll be a difficult one and you'll not get much in the way of compensation anyway. Personally, I just feel it's just part of travel and delays are inevitable from time to time.
Darren
It is impossible for anybody here to provide you with more detailed advice on the basis of the information you have provided so far. If you know, or can find out, the reasons for the delay and re-routing and can also give us more information on how Thomson dealt with the problem at the time while you were stuck in Dalaman you might find that somebody could advise you further. Personally, after 6 years, I would regard the hassle of pursuing it to outweigh any likely financial payout but you it is of course your decision.
SM
redjamie wrote:hi we was delayed in dalaman to doncaster in 2006 oct for 24 hrs and when we did fly home we was sent to east midlands airport we tried to get compensation then but got nowhere but due to the new ruling will we be in line to get compensation now if so where do we go do we contact thomsons directly or do we have to go a differant way
thanks any help will be great
Unfortunately, even if the delay was covered by the EU regulations, you are now time barred under the Statute of Limitations as claims have to be brought within 6 years of the event.
Dazbo HT Mod wrote:redjamie,
The longest delay I've had is 53 hours being stranded 4,100 miles from home so I know more than most where you are coming from with this, and have been on several flights that have diverted for several reasons to alternate airports, but I would say it wouldn't be worth the hassle and you'll probably just get directed to your holiday insurance for delayed flights. The first thing you need to establish is the reason for the delay. By all means give it a go, but given the time scales, it'll be a difficult one and you'll not get much in the way of compensation anyway. Personally, I just feel it's just part of travel and delays are inevitable from time to time.
Darren
Darren, The new legislation specifically mentions that passengers are entitled to x amount unless a company can prove that a delay is due to extraordinary circumstances. A technical issue is unlikely to be a sufficient reason to come under extraordinary circumstances according to the ruling and therefore alot of people will have valid claims.
I recently got delayed 24 hours returning from my honeymoon. I got left on the place to rot for 2 hours with no water and then spent a further 5 hours waiting in the airport. I repeatedly asked for water due to having no pesos left and Thomas cook refused despite this being a legal requirement. I did eventually end up in a hotel for the night but the hotel was absolutely dire as the section i got placed in was under construction. Yes i got home eventually but it cost me and my wife a days wage each as we had to take a day off unpaid. I
Some people may well think that's it done with since we are home but believe me i will be claiming what i am entitled to in compensation. I paid alot of money for my honeymoon and the service from thomas cook fell short of what was required.
European legal ruling could open up the floodgates for flight delay compensation
Glynis HT Admin wrote:European legal ruling could open up the floodgates for flight delay compensation
http://www.travelweekly.co.uk/Articles/2013/01/31/42993/landmark+flight+delay+claim+could+open+the+floodgates.html
Before anyone gets overexcited about this small claims court case, bear in mind that small claims cases do not set any precedent case law and therefore each case will be judged on its own merits. The only precedent Mr Halsall's case may set is for the exact flight he took and no other.
clarification on the care part from the European Courts
Some What's going to be next, I claim compensation off the person who gives me a lift to work in return for me paying towards the petrol because his car breaks down and has a technical fault.
Most will disagree with me but this is the way I feel.
I tend to agree. The compensation culture is getting silly and only drives prices up, its got to be paid for somehow. While having a safety net is useful and is an incentive to ensure airlines to what they can to keep to schedules, I think it goes too far.
Darren
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