Nov 3, 2014

Posted by in Features, Money Saving Tips, Travel News, Trip Advice | 195 Comments

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Am I entitled to compensation for a delayed flight?

  • Supreme Court rejects airlines’ appeals against paying out
  • Floodgates opened to thousands of claims – even up to six years old
  • Even if you aren’t due payout, airlines must safeguard your welfare
  • But judgment will lead to higher airfares for all
Flight delays - airport

Make sure you know your rights if your flight is delayed

After a series of court cases in 2012, 2013 and 2014, last week brought a landmark pair of rulings in the Supreme Court on the attempt by the UK airlines Jet2 and Thomson Airways to avoid paying compensation to customers when technical problems delayed their aircraft.

The court rejected the airlines’ request to appeal against earlier rulings, forcing them to pay out.

Now, after years of battles, the floodgates are potentially open to thousands more claims from consumers against the airlines. Claims up to six years old could still be valid for payouts.

Good news for some – but higher fares?

The Supreme Court rulings will be good news for some individual travellers inconvenienced by delayed flights but it may also lead to all passengers paying higher fares as the carriers attempt to recover losses following on from the court’s decision.

The Civil Aviation Authority (CAA), which governs airlines in the UK, quickly released a statement at the end of last week clarifying matters for consumers.

Andrew Haines, chief executive of the CAA, said: “We acknowledge airlines’ concerns about the proportionality of the flight delay regulations and recognise that airfares may increase as a result. However, the court’s decisions in these cases bring legal clarity to this issue and we now expect airlines to abide by them when considering claims.”

Airlines told to stop putting cases on hold

The CAA’s position is also important for anyone who has made a claim for flight delay compensation but is waiting for a decision pending the outcome from the Supreme Court. Following the decisions in the cases of Jet2 and Thomson, airlines should no longer continue to delay action on claims.

The CAA expects airlines to revisit any cases it had put on hold and pay out for any eligible claims.

So if your flight is delayed, what compensation might you be entitled to, and how would you now go about claiming it?

Our handy guide simplifies your legal rights.

What are the crucial rulings on flight delays?

On January 28 2013, a UK judge ruled that Jeff and Joyce Halsell were entitled to €800 (around £625) in compensation and legal costs after their flight from Tenerife to the East Midlands was delayed due to a mechanical fault.

Previously the Halsells’ airline, Thomas Cook, had claimed that “extraordinary circumstances” beyond its control had delayed the flight and consequently turned down the claim. However, the judge ruled that the mechanical failure did not fall into this category, and Thomas Cook had to pay out.

A few days later, on January 31, the Court of Justice of the European Union ruled that Denise McDonagh was indeed entitled to €1,130 in compensation to cover her welfare expenses (food, refreshments and accommodation) when her Ryanair flight was cancelled as a result of the 2010 Icelandic volcano ash cloud.

This was a test case over whether airlines had to pay “reasonable costs” to cover passengers’ welfare even if the cause of their delayed flight was extraordinary circumstances such as the ash cloud.

In another critical judgment, in June 2014 in the case of Jet2 vs Huzar, the Court of Appeal had ruled that ordinary technical problems such as component failure and general mechanical wear and tear that caused flight delays, cancellations or other disruptions to passengers’ journeys should not be considered “extraordinary circumstances”. It was Jet2’s attempt to appeal against this ruling that the Supreme Court rejected last week.

So, what do these legal rulings mean for you?

My flight is delayed – does my airline have to look after me?

If you are travelling from a European airport or with an EU airline and your flight is delayed by more than two hours, your airline may have to offer you a “welfare package” including food, drinks, two phone calls and, if you are delayed overnight, accommodation plus transport to and from where you are staying.

When your airline is obliged to offer you this welfare package depends on the distance you are travelling in kilometres. The table below outlines your rights:

Length of delay before you are entitled to assistance
Flight length Delay
0 – 1,500km (eg Manchester to Frankfurt) More than two hours
1,500 – 3,500km (eg Newcastle to Majorca) More than three hours
3,500km + (eg London to Delhi) More than four hours

Source: CAA

If your airline does not offer to provide the welfare package itself – for example, in the form of meal vouchers or by booking accommodation for you – talk to a representative at the airport to find out what they consider “reasonable costs” and get an agreement that you can sort out your own welfare.

If you do arrange your own accommodation or buy meals, keep all of your receipts to make claiming back any costs you have incurred as easy as possible.

What about compensation – a cash payout? – for a delayed flight?

If you are travelling from a European airport or with an EU airline and your flight arrives at its destination more than three hours late, you may be entitled to financial compensation of up to €600 under the EU261 rules.

You won’t be entitled to compensation if your flight is delayed as a result of “extraordinary circumstances”.

But what are ‘extraordinary circumstances’?

“Extraordinary circumstances”, according to EU261, are those deemed to be outside the airline’s control and which, even if the airline had taken reasonable measures, would have delayed the flight. They include extreme weather such as snow, acts of nature such as the volcanic ash cloud in 2010 and strikes.

The case on January 28 2013 ruled that technical faults with an aircraft do not necessarily count as extraordinary circumstances and that passengers could push for clarification as to whether the fault that caused their delay was within the airline’s control.

The June 2014 case went further in making airlines responsible for technical problems that cause flight delays – a ruling finalised in the Supreme Court’s rejection in late 2014 of Jet2 and Thomson Airways’ requests to appeal.

It is important to remember, however, that even if a long delay is caused by extraordinary circumstances and you are not therefore entitled to compensation, your airline must look after you and offer a welfare package.

How much compensation can I claim?

As with welfare packages, the compensation you’re entitled to is determined by the length of your flight and how long the delay is. The table below outlines the different levels of compensation you can claim following a flight delay.

 Length of flight  Delay to destination  Compensation due
 Up to 1,500km  More than 3 hours  €250
 1,500km to 3500km  More than 3 hours  €400
 More than 3,500km  More than 3 hours but less than 4 hours  €300
 More than 3,500km  More than 4 hours  €600

Source: CAA

How do I claim compensation?

You should first talk to your airline and find out what caused the delay. Make a note of all of the details so you can be clear on the facts at a later date, and keep your tickets as well as any relevant receipts.

You should then follow the procedure as advised by the CAA.

When you are ready to claim, go to the airline’s website to find out how best to contact it. British Airways, for example, has an online form for customers to fill in but also provides a postal address for letters. The CAA also has advice on what information to include when communicating with an airline.

If you are communicating by post, the CAA’s site has a downloadable letter template to make the process as simple as possible.

Should I use a claims company?

You might be tempted to use a claims company to smooth your claim but, as with third parties offering to help with PPI compensation, these firms charge a fee for their services and are entirely unnecessary for most passengers in claiming compensation.

The claims process is straightforward, so why part with any of the sum you are due?

The CAA’s passenger portal should help to resolve any problems.

I’ve previously made a claim for compensation/welfare but haven’t received anything – what should I do?

The October 2014 court ruling, and the cases leading up to it, help to clarify your rights to compensation. So, if your airline has refused to pay out, citing causes you suspect do not fall within the category of extraordinary circumstances, you could contact it stating that you would like to pursue your claim, as in the case of Jet2 vs Huzar.

If you’d like to pursue an old claim for the reimbursement of welfare costs – for example, when flights were grounded across Europe as a consequence of the Icelandic ash cloud or even an earlier incident – again you could contact your airline stating that, in light of the McDonagh vs Ryanair case, you would like to claim your expenses back.

It is important to be aware, however, that to pursue your claim you will need copies of your original letters and/or receipts.

What are my rights if my delayed flight is with a non-EU airline?

As the EU261 rules only protect passengers travelling with an EU airline or out of an EU airport, you won’t have exactly the same rights. Instead, check the policy of the airline you are travelling with.

TravelSupermarket’s top tips

  • Check your rights while you are on the move by downloading the European Commission’s app called Your Passenger Rights.
  • In the event of any delay or cancellation, talk to your airline for guidance on why you have been delayed and how to claim your welfare package – don’t spend anything yourself that you expect to get back without clarifying it with your airline.
  • To make a successful claim, keep all relevant receipts as well as your tickets, and write down as many details as possible at the time of your delay so you don’t forget any key facts.
  • Always take out a travel insurance policy that includes protection for travel delays to cover you for any extra costs you may incur – such as not being able to turn up to your booked accommodation.

For more advice on delayed flights and to find out your rights if your flight is cancelled, read our article Delayed or cancelled flight? Know your rights!

This is an update of an earlier published article

  1. Richard W. Brown says:

    I have been in dispute with Thomas Cook on behalf of my daughter who with her family was delayed seven and half hours at Birmingham due to an aircraft problem scheduled to fly to Cyprus in October 2010.

    I will not be overly descriptive regarding her experience but needless to say she suffered hell in airport holding lounge and lost day of her actual holiday.

    On her return I contacted Thomas Cook asking for some remuneration but was advised that none was applicable to the incident. However on her behalf I made many enquiries and discovered enough to keep the claim in abeyance.

    With the European Union Judgement recently updating and confirming its stance on compensation, Thomas Cook realising they had no leg to stand on offered my daughter an amount that both she and I disagreed with.

    They had carefully scrutinised the 17 articles of the EU Regulations and whittled the claim down by nearly 50%. As a result I am in the process of taking them to the small claims court. Just this morning they upped their offer by less than 7%!

    The EU Judgements list 17 articles of which all are to be treated separately, the most important of which to most passengers are those related to time(Delayed) and compensation amounts related to the delays. So the amounts are stated and governed by the articles which can be used by both passenger and airline as guidance.

    What is not so clear however is that there are other articles that cover separate issues, such as passengers rights to information, special needs and requirements etc, An example is….in 2010 when my daughters incident occurred there should have been a notice at the check in advising passengers of their rights. After 2 hours of delay the airlines are obliged to provide written information about the delay and what options they have.

    Neither of these obligations were available at Birmingham in 2010.

    My daughter youngest child was suffering with a mental disorder and had been dosed with medication to keep him calm for the expected four and half hour flight. Unfortunately the medication ran out halfway through her long wait in the departure lounge, and both she and her husband had to try and placate a little boy (4) who in effect had just woken up.

    Any help from Thomas Cook was not forth coming even though one of the articles in the Regulations state that special needs passengers must have adequate attention.

    The sustenance provided was hardly enough for 2 persons let alone four, and only one telephone call was allowed as opposed to two!

    By the time they got on their flight they were so dog tired they snoozed for most of the journey, while the eldest boy (6) thankfully kept the youngest amused for the majority of the journey. Unfortunately due to the parents both in the land of nod they missed their in flight meals.

    Arriving at the hotel in early hours of the following day they did not arise until the afternoon, and in effect last a day of their holiday. Then had their first hot meal for 36 hours at evening dinner.

    A story that I am sure has been repeated many times, however I feel sure many of those 200 odd passengers on that flight have just let the matter drop. Hope you won’t.

    • sarah hemdi says:

      I have just returned from a holiday to Egypt with my husband and two small children. We booked flights with Thomson,we flew from Birmingham to Hurghada but halfway through we were told that there was a technical fault with the plane and we had to land in Croatia, then we were told that the fault had cleared as we tried to land and it might have been ice. The captain then decided that although the plane was 100% ok we had to go back to the UK as the crew would have run out of hours waiting for the plane to be fixed in Hurghada.

      We had a horrible time in Manchester Airport, my luggage had been coated in washing liquid, our rep disappeared and we were last to arrive at our accommodation for the night. With a 2 and half year old and a seven month old it was not fun!
      My children didn’t get to eat dinner as they were too tired and I couldn’t have the buffet provided as I was with the sleeping children.

      the flight the next day was awful as both children were over tired and hungry!

      We lost a day of our holiday but what compensation can I claim?

      • Monique says:

        Hi I was on that flight, it was a nightmare, also I am untouched
        With another person that was onthe flight to hugarda,
        We have both rang thomson and they have 56 day turn around,
        What that means I don’t know,
        I am planning to go to small claims court, I am not waiting

  2. Hi Richard,

    Thank you for your comment and sorry to hear about your daughter’s delay.

    Before I can try to help you, please can you let me know a few further details? If you send them to my email address cathy.toogood@travelsupermarket.com, I’ll get back to you.

    Did your daughter book a package holiday with Thomas Cook or did she book flights only? And, has Thomas Cook clarified what caused the aircraft problem? In the case above, for example, the judge ruled that the technical fault in question didn’t fall into the ‘extraordinary circumstances’ category but aircraft faults will need to be looked at on a case by case basis.

    Thank you,
    Cathy

    • Robert Falknet says:

      Hi Cathy,

      I’m wondering if you can advise on my situation? I had a package holiday booked through Thomas Cook leaving from Birmungha to Majorca back in 2010.Our flight was delayed for approximately 4 hours, when we got to the gate to board the flight the check in staff called so many seats to board and we were left seated nothing was said untill the doors had closed and the plane started taxiing. We were then informed that one of the planes emergency shoots had been triggered by one of the cabin crew. We were informed by a Thomas Cook rep that we would be diverted to another airport after 7 hours in the airport with 3 children and an angry girlfriend this was not the best start. Eventually a coach arrived to take us to Gatwick by the time we were in the air we had lost a whole day of our holiday and wiped out most of the second as we were all far to tired and slept most of the day.

      Thomas Cook had subcontracted the flight and would not offer us any compensation at all. I have an original letter with the flight numbers on but I do not have our tickets or boarding passes. Do Playa Brava have a case to follow this up under the new EU261 rule

      • Hi Robert,

        Thank you for your question.

        When you asked Thomas Cook for compensation, did you make a formal complaint either from your resort or when you returned home? If so, did you get a written response back? And, were you offered a welfare package (such as food and drink) while you were delayed?

        If you are unhappy with a response from a tour operator in a case like this, you can use the ABTA arbitration service to help you (find out more here http://abta.com/go-travel/travel-clinic/arbitration-and-mediation). However, the time limit on this service is 18 months from when you return from your holiday, so in your case, this will be too late.

        While this is frustrating, it will hopefully be of some help if you ever have an issue like this in the future.

        Thank you,
        Cathy

    • Calvin Rose says:

      Hi,

      This is brilliant information, I travelled to Turkey 3 years ago and the return flight was delayed over 3 hours, then what should have been a direct flight to Gatwick, the flight diverted to stopped at Manchester Airport for 1.5 hours without any notice to pickup passengers travelling to Turkey before arriving at Gatwick at 12:30 a.m. The following day.

      I made a complaint but the reply was that the airline and the delay was covered under the aviation law, Do i still have recourse to compensation?

      Kind regards

      Calvin

      • Alan Bowen says:

        This sounds as though it was on a Turkish based airline, in view of the routing it took. If I am correct, EU261 will not apply as the delay was not from an EU airport or on an EU airline

      • Hi Calvin,

        Thank you for your question.

        Was the airline you travelled with an EU airline or was it a Turkish airline? If it was a Turkish airline, you won’t be covered by the EU261 rules and will have to check what the policy is re compensation with the airline you travelled with.

        If it was an EU airline, and your flight arrived more than three hours late to Gatwick, you may be entitled to compensation. You could go back to your airline and challenge their response, and if you aren’t happy with how they reply, you can contact the Civil Aviation Authority to help with your claim http://www.caa.co.uk/default.aspx?catid=2211&pageid=12725 .

        Thank you,
        Cathy

        • We were delayed for over 6hrs in oct 2012, we applied to monarch airways for compensation but it was refused, also we had paid extra for the earlier flight but we have never got a penny back, should we apply to the CAA for compensation or are we not due any compensation, we did get a small food voucher, which didn’t even cover the cost of a meal.

        • Patricia Duffy says:

          My husband and I were delayed for 4 hours and 49 mins on a flight from Glasgow to Malta on a Thomas Cook flight on 29 June 2010. I have been in correspondence with TC for 2 years and they are still not willing to admit to a delay in the flight from Glasgow to Malta. We booked independently and only book our flight through TC. I have now recommended my emails with them and the latest email says the following-

          I had requested the information directly from the airline for the flight delay that you have detailed in your previous correspondence. The only way I can ensure this information is correct, is for you to supply your holiday reference.

          Without this information I am unable to confirm which flight you were on, or if there was any scheduled changes to your flight prior to departure. Please reply by email with your holiday reference, to allow me to confirm you were on that flight. Your travel agent may be able to help you locate your booking reference.

          We booked through a company called ‘Going on Holiday’ from Manchester. We have no holiday reference and I have no flight ticket stubs as all of this happened 4 years ago. What should I do?

          • Hi there

            Our advice is to go back to them with every bit of information you have. They can still find your names on passenger manifests that the airline would hold so do not need your reference, so the date and flight number should be enough to find it. If you have proof of payment then include this as well.

            Im afraid this is just a stalling tactic and you should pursue this with them.

            Good luck

            Bob

  3. Suzanne says:

    Hi,
    How long after an incident like this can you make a claim? I travelled to the Dominican Republic in October 2010 with Thomson on an all inclusive holiday. We arrive at the airport for a flight at 10am only to be told it was delayed until 6pm that night due to a technical fault with the plane. We were told we could check in our luggage and go home if we wished or stay in the airport – we were not offered any vouchers/money for food or travel and relied on friends to take us home again and back that evening. We also arrived in the Dominican around midnight instead of early afternoon effectively missing at least one meal and drinks etc that we had paid for as part of the all inclusive package. We intended to complain and claim compensation but by the time we had been on holiday for 2 weeks we didn’t. Do we still have a case for compensation now?

    Regards.

    • Hi Suzanne,

      Thank you for your question.

      You will still be able to make a claim as you can do so until six years after your delay. You stand the best chance of making a successful claim, however, if you can include all of the relevant documentation (tickets, receipts etc) to support your complaint and if you can detail as clearly as possible what happened on the day of your delay – eg were you told what the technical fault was and what extra costs did you incur?

      Thank you,
      Cathy

      • amaouche says:

        hi there
        my yname is mohammed el amine amaouche i have french passporti booked ticket from jet2 company to travel from alicante spain to braford leeds and that copmany jet2 didnt let me fly for no reason.
        so can i complain this company please.

  4. Lloyd says:

    Hi, I was in the Ash cloud, and stuck in Venice. I opted to take the train home rather than wait for Ryan air, as they could not be contacted in any way/email website or calls.

    Can I claim for this? I had to take a train and ferry, and 1 night in a hotel in Paris (where the train ended) and it was a low low low cost hotel, that I got a discount for as I was only there for 4 hours.

    • Alan Bowen says:

      If you chose to make your own way home, I am afraid Ryanair is absolved of all liability other than repaying your one way fare for the flight you didn’t use

    • Hi Lloyd,

      Thank you for your question.

      The ruling on January 31 said that Ryanair had to pay ‘reasonable costs’ to cover passengers’ welfare in the event of a delay. As you didn’t manage to contact Ryanair and agree that they would cover your train, ferry and hotel costs, it is highly unlikely that they would now deem these as reasonable costs.

      If you still have all of your receipts and flight tickets, you could contact Ryanair saying that in light of the McDonagh v Ryanair case you would like to claim your expenses back. However there is no guarantee that you will be successful.

      Thank you,
      Cathy

  5. Brent says:

    We suffered a 25 hour delay on a recent outgoing flight to Goa and a 5 hour delay on the return flight.I contacted Thomas Cook who would not accept responsibility for the outgoing flight but accepted it for the return as the pilot actually advised the reason for the delay.I had claimed a total of 2400 euros ie. 600 euros/person/flight and was sent a voucher for £1006 as compensation for the return flight.I rejected the voucher and was subsequently sent a cheque for the same amount.Thomas Cook rejected the outgoing claim as extraordinary circumstances which I did not accept.I contacted the CAA providing full written correspondence and expect a reply from them in the near future.I have advised Cook’s of CAA’s involvement and have advised that unless they do not provide a valid explanation for the delay (which I had previously requested and was not received), then I would begin Small Claims Court proceedings.I await their response.

  6. Louis says:

    Hi
    I had 6 hours delay in Kuwait airport due to technical problem in Kuwait airline while I was coming from Cochin (India) with my disable daughter who was in the wheelchair.
    Can I claim for the compensation
    Please reply.
    Thank you
    Louis

    • Alan Bowen says:

      Sorry, no claim at all. The flight was on an non EU airline from a non EU airport. Kuwait Airways does have a reputation (for cheap fares) but not one for being generous when they don’t need to be

    • Hi Louis,

      Thank you for your question.

      Were you travelling with an EU airline? If you weren’t, you won’t be covered under the EU261 rules and will have to check the policy of the airline you were travelling with.

      If you were travelling with an EU airline, it is worth contacting your airline to find out whether the technical fault was caused by ‘extraordinary circumstances’. It if wasn’t, you can make a claim to your airline, but you will need to provide details of your flights and delay. If you are then unhappy with your airline’s response, you can contact the Civil Aviation Authority here http://www.caa.co.uk/default.aspx?catid=2211&pageid=12725 who may be able to help with your claim.

      Thank you,
      Cathy

  7. DEAR CATHY. After reading the story above can you help me with problem. I booked a holiday come honeymoon last April and payed two pounds short of £5.000. We arrived at the airport at 9.30 on the 2 of December to check in only to find out the flight had already gone. TO cut a long story short we was given the wrong flight time by virgin cruises they admitted it was their fault and did not fly out till the next day from another airport do we have a case against virgin cruises under the EU 261 rule. virgin cruises sent a Cheque for £130 pounds which i sent back over a week ago still waitting for a reply. Sill got a copy of the flight times they sent me on the 25 of Octember last year. kind regards.
    MR J T CONHEENEY

    • Hi John,

      Something similar has just happened to my partner and I. We turned up to the airport only to discover our flight was just about to leave. Our travel agent admitted it was their mistake and that they had given us an incorrect flight time. They then flew us out on another flight (via a different airport rather than direct as we had booked). The problem was that we arrived 24 hours after we were supposed to and we were severely jet lagged due to the extra travel. I’d really appreciate some help and advice on the best way to maximise our compensation.

      Cathy, would you be able to offer me some help as well please? Please let me know if you need any more information from me. We were due to fly from Gatwick to Punta Cana with Thomas Cook, but ended up flying from Heathrow to Atlanta, and then the next morning down to Punta Cana with Delta.

      KInd Regards and thank you in advance for any help,

      Neil

  8. Stuart says:

    I was in dispute with Monarch after they delayed our flight for 7 hours and then, when snow fell, they canceled it and claimed ‘extraordinary circumstances’. They admitted that there had been nothing wrong with our aircraft but they had taken it to deal with another issue – presumably a delay, which is why we were then delayed.

    As far as I’m concerned Monarch created the initial problem that caused the delay and, had they not done so, we would have departed 7 hours before the snow set in and thus they would have had no excuse to cancel.

    They failed to uphold every single requirement of EC261, including no food, no calls and no accommodation. When the flight was canceled they unceremoniously dumped us back in the freezing cold check-in area at 11pm with no way of getting home until transport started running again at 5am. Hundreds of us, including many old and disabled, spent the night standing up in freezing conditions. There were no Monarch reps available and we were only given very basic info by the airport services personnel.

    I, and my fellow passengers were absolutely disgusted and Monarch’s response was to deny all responsibility. They eventually sent me a cheque for £11 to cover some expenses for food and drink.

    Can I go back and re-state my claim and would they have to pay out now?

    BTW. The ECJ ruled that mechanical faults did not constitute ‘extraordinary circumstances’ some years back. I can’t remember the case number but the explanation was that mechanical failures were standard and expected problems and should be part of the airlines day-to-day problem handling.

    Thanks for any input on this one.

    Stuart

    • Hi Stuart,

      Thank you for your question.

      I would start by approaching Monarch once again in the light of the recent cases.

      If you then remain unhappy with the responses you have received from Monarch, and have copies of all of the correspondence between you and them, the Civil Aviation Authority may be able to help with your case. You can find out more here http://www.caa.co.uk/default.aspx?catid=2211&pageid=12725

      Thank you,
      Cathy

      • Stuart says:

        Hi Cathy,

        Thanks for the reply.

        I had already involved the CAA in my original claim and, although they thought that Monarch’s refusal to pay up was a poor decision, they seemed to have no powers to make them do so. As useless as a chocolate teapot.

        I will get back to them and ask again if they consider how the new ruling affects this case. I strongly believe that, as Monarch deliberately caused the original delay, that they should have paid up regardless of the subsequent cancellation.

        Thanks again

        Stuart

        • robert edwards says:

          Hi stuart i have a very siumular case, please let me know how you got on

          We had a delay of over 24 hours on a return flight from Cancun to Gatwick. On the day of our return everything was going to plan right up to the time of departure. Some of us passengers had even boarded the plane and taken our seats ready for take off. It was at this time we were then quickly asked to leave the plane.
          Amongst utter confusion we were told to go to a different gate where there was another Cook airplane waiting. While at the same time the passengers who had previously been at this other gate had started boarding our plane. Confused we watched what was our plane take off while we were still waiting.
          It was at this time everyone started to demand what was happening. It was then they informed us that the plane we were now given had a technical fault and it would’nt be until tomorrow before they could even fly another part from London. When questioned over swapping planes, they answered it was to T Cooks benefit that the Manchester passenger commandeerd our plane because of some knock on effect.
          We contacted T Cook several times who have dug their heels in saying our delay was due to a technical nature, which were extraordinary,
          I find I difficult to swallow about technical natures and such like, because the plane we had took off on time but to Manchester not Gatwick. Reason for our delay was T Cook denied us boarding our scheduled flight and bounced us to one they already new had a fault and a long delay. Can we claim maybe under operational decision by the airline.

  9. mrs.eileen welsh says:

    hi me and my husband booked to go to nerja in2010 for a month.we booked with bmi baby,we lost a week of or holiday owing to the volcanic ash,the only thing i didnt keep any proof like tickets or proof of the villa we stayed in,my husband was ill at the time and was having different tests to find out the following may that he had terminal cancer and has since died.cani claim anything from the airline company or not. many thanks mrs.eileen welsh.

    • Hi Eileen,

      Thank you for your question about your delay. It must have been very frustrating at the time and I am sorry to hear of your sad loss.

      Unfortunately, Bmibaby are no longer operating and have gone out of business, so unfortunately there is no airline to now take a claim to.

      We wish you all the best in the future and trust that your next trip away goes without any delays.

      Thank you,
      Cathy

      • Brigitte says:

        Hello Cathy.

        I don’t understand your answer because when British Airways took over BMI, and with it Bmibaby, it also took over the airline’s liabilities.

        Isn’t compensation for delayed flights is part of the liabilities?

        As this is something that has come to the forefront of the news again we need to ensure the facts are correct.

        Regards

        BB

        • Hi Brigitte

          Thanks for replying to Cathy. I’ve put a call in to the CAA to clarify this and we’ll respond to you.

          Kind regards

          Bob

        • Hi there Brigitte

          Having spoken to the CAA and also British Airways this morning you can indeed make a claim for an EU261 compensation claim with them for bmibaby for anything up to six years ago. This is because BA bought the carrier and decided to close it down as opposed to it going out of business due to company failure.

          Submit the claim to them http://www.britishairways.com/en-gb/information/help-and-contacts/contact-us – you need the section here for Customer Relations.

          Good luck and do let us know how you got on.

          Kind regards

          Bob

  10. mrs.eileen welsh says:

    hope to hear soon.many thanks eileen welsh.

  11. mohammed zahoor says:

    Hello,my self and my wife and 4 kids went to Pakistan in late December 2011 ,and came back on janury 15 th 2012.going was good.but when we were coyming back we were in the plane and we were told that the plane has to stop in turky for 20 minutes for refuling.when got to turky plane took over 2 hours and our normal 8 hours flight took more than 14 hours. Flight was pia now can I do somthing about that.

    • Alan Bowen says:

      PIA are not an EU airline and your delay was not from an EU airport, so not covered by EU legislation

    • Hi Mohammed,

      Thank you for your question.

      As PIA is not an EU airline and you weren’t travelling from an EU airport, you won’t be covered by the EU261 rules. You’ll need to check what PIA’s policy is regarding flight delays to find out if you can make a claim.

      Thank you,
      Cathy

  12. tulsi gohil says:

    Hi Cathy,
    We were delayed at Birmingham Airport flying on Emirates flight to Delhi on the 24 Jan 13 The Delay was 5 hours,hence we missed our connecting flight in Dubai.In Dubai due to lack of organisation we literaly stood in the queue for 6 hours to get another flight to Delhi.Their was no supervisors to coordinate the queues and only 3 counter staff to deal with 200 passengers in 5 rows of queue.eventually we did get our flight to Delhi missing our first day of itenary of Delhi.Do i have any rights of compensation from Emirates as they have not replied to my e mail.I am due to fly back to UK on the 20 Feb 2013.

    • Alan Bowen says:

      It sounds as though you do, unless they can claim ‘extraordinary circumstances’ for the delay from Birmingham. There is no claim for the delay in Dubai but you should make a claim for the first flight, they tend to offer Skyawards points rather than cash, but you do not have to accept them

  13. Sally Brown says:

    Hello,

    We were delayed by 21 hours at Birmingham last month on a Thomson flight to Barbados to join a cruise. The original aircraft had a fault and another had to be sent for, by the time it arrived it was snowing and eventually the airport was closed for a few hours. No information was forthcoming, we eventually got a voucher for £5 for food and drink (bit of a joke) and after many hours we were bussed to hotels. However, we were asked to wait next to an outside door for the buses in the freezing cold for 2 hours, the hotel room was cold, we had to queue for a hot meal which the hotel provided and again for breakfast in the morning, after only a few hours sleep. The ship had waited because there were 3 planes delayed that day but we had lost in effect 2 days of our holiday as originally the day after we arrived was to be a sea day, allowing us to recover from the journey, but it was changed and we had to be up early again the following morning to go on a trip in St Vincent.
    We have submitted a claim to P&O who had chartered the plane, but so far have not received a reply.

  14. Can you clarify the exact point in time that the delay time comes into effect? i.e. Is the delayed departure time the time that the aircraft leaves the gate? boards a bus to go to the plane on the tarmac? take off time?.

    The actual departure time is the scheduled departure time.
    Regards
    John

    • Alan Bowen says:

      The delay is based on your arrival time at the other end. Airlines have been known to put their foot down to avoid arriving more than three hours late

  15. sheila says:

    My husband and myself travelled from East Midlands Airport to Dalaman Turkey in June 2011 the flight was due at 8.a.m. and we were told it was delayed for 2 hours at approx 11 a.m. we were told it would be delayed for another 2 hours at 2 p.m. we were told by a member of staff from Monarch that we would have to travel by coach to Manchester Airport to pick up the plane there you can imagine the uproar in the airport.We also had to return our duty free to the shop. After travelling to Manchester we eventually boarded the plane at approx 8.30 p.m. we finally arrived at our apartment at 4 a.m. the following morning. We were given vouchers for food in Manchester but no other compensation and no proper explanation as to why we were delayed.
    Regards
    Sheila

  16. Helen Ford says:

    Hi Cathy,

    I flew from Heathrow to Perth via Hong Kong in July 2012, with Cathay Pacific. Cathay knew that there was a typhoon in HK prior to our departure from London but did not inform passengers. We landed in HK on time, however, I then had a 25 hour wait (total delay from scheduled departure time to Perth was approximately 18 hours). The airline refused to put me in a hotel overnight.
    Whilst I accept that the initial delay was due to ‘exceptional circumstances’ subsequent delays were due to the following reasons: baggage loaded onto wrong plane, flight crew had overworked their hours, plane did not have enough fuel. The real kick in the teeth was that Cathay flights due to depart after ours were taking off well before us.
    As I result of the delay, I missed my first day of a new job in Perth, and a days wages.
    Cathay refused to compensate me, as did my insurers, please could you advise if I might be entitled to anything?

    Many thanks,

    Helen

    • Alan Bowen says:

      Certainly not under EU261 as the delay appears to have been at Hong Kong, you need to read your insurance policy carefully, some pay out with delays ‘en route’ some only on departure where there appears to have been no delay at all

  17. michelle teale says:

    hi cathy

    this is tricky one!

    on 14th april 2010 we flew out to rimini italy from liverpool on a football tour with doncaster rovers centre of excellence. there were about 65 of us including coaches, players and parents and the ash cloud was just starting but ryanair still took us.(i still have the boarding cards)

    we were due to fly back on 18th april but ryanair cancelled all flights.doncaster rovers had to pay for another night in the hotel we were staying in and all food. we were told to contact the airport the next day which we did. still no flights. most of us had already lost a days pay and the players had missed time off school.

    in the end as we were stuck doncaster rovers had to get a coach and a minibus to travel from doncaster to rimini to pick us up. then we had a 27hour drive and ferry crossing to get us back home.

    do you think we have a case for compensation?

    please advise and many thanks

    michelle

    • Alan Bowen says:

      Once people chose to make their own way home, EU261 only says you can reclaim the cost of the unused ticket, all the other expenses are at your own cost. If you had stayed, you could have claimed the cost of accommodation but you didn’t, sorry

  18. Robert Helliwell says:

    My wife and I had our flight cancelled due to the infamous ash cloud. We were flying with Ryanair back from Malaga. Eventually we hired cars and via SNCF in France and Eurostar made our way back overland. The rules were not clear about who did what and indeed seemed to be written “on the hoof” by the airlines. Their airdesks in Spain knew nothing and were unable to help although they tried. So we took control and got back home. We could not get any money back our insurance company was useless(now changed) and I am still aggrieved at being close to £1000.00 out of pocket.

    • Alan Bowen says:

      Sorry, the airline does not have any liability other than to ‘look after’ customers during the delay, once you take things into your own handsm, their liability ceases

  19. My party of 4 were subject to an 15hr delay. Although the company did put us up in a hotel over night there care ended there. The following day we were transported early back to the airport only to have a further 6hr delay. I have written twice to the airline but as yet am still waiting a reply
    What should my next move be ?? the county court ?
    Dave

    • Alan Bowen says:

      Depends on the name of the airline and the airport of departure.EU 261 does not cover every flight, only those on EU airlines orfrom EU airports

  20. Were you a passenger on Thomas Cook Airlines Flight No. UK2218 due to depart from Manchester to Faro at 06.15 on Saturday September 15th. 2012? The aircraft finally took of at 12.01 and arrived at Faro at 14.34 instead of the scheduled 09.10. i.e. it arrived 5 hours 24 mins. late.
    Thomas Cook have now accepted a Claim under EU Regulation 261/2004 for this flight and have given a credit voucher for £715 in respect of 2 passengers on this flight.
    The reasons for accepting this Claim were given as ‘I can confirm that the aircraft was delayed due to a technical fault, however this is something that we should have been able to rectify’
    By the rules of equality every passenger on that flight is now entitled to an equal compensation simply by requesting same from Thomas Cook. There is no need to use Claim advisers or Solicitors or their ilk. A simple letter stating the facts should suffice.
    I strongly feel that all accepted claims under the EU Regulation should be published in this manner to encourage all affected passengers to Claim and obtain their rightful compensation for these delays.
    It would be nice to think that the Airline Operators would write to their passengers informing them of their rights in such cases, but I think that may be a step too far in Customer relations.

    • Andy B says:

      Hello we was delayed 5 hours on a Thomas cook flight to Lanzarote last year, the only problem is I never kept the tickets ot boarding passes, but surely they must have details of who was on that flight? Is it better to write an actual letter or email that via their customer relations email?

    • Glad to hear your claim settled. We were delayed 8hours recently and Thomas Cook are refusing our claim, even though they admit technical fault , they say itwas unpredictable !! Did they settle your claim quickly or did it necessitate more than a few letters.
      Thank you
      Seal

  21. J Lockwood says:

    Can you claim if the DelaIy reason is quoted as Safety Reasons such as Engine Fault?

  22. teresa francis says:

    my friend and i were held up for a week in gambia with the ash cloud we were with cosmos who fed us and provided a hotel but i was several hundreds out of pocket with phone bills medications running out and other expenses can i claim for the delay ?

    • peter dunne says:

      Hi Teresa

      Same here my wife and I Marooned on malta for 8 days
      Air Malta did not even pay for a bottle of water as it was we fed a whole family from coventry for a week
      the hotel let them stay at no cost BUT AIR MALTA never paid 1 penny, I DID MAKE A CLAIM IN 2010 BUT AIR MALTA SAID I DID NOT HAVE A CLAIM We travel a lot as Iam retired and we would not fly air malta
      we would walk or swim first And get this on the flight back to the uk flight stewart droped a cup of tea in my lap.

  23. holiday with thompson in 14/03/2012 take off time 10.00am didnt take off untill 15/03/2012 12.30 pm we were put up in hotel over night, wrote to head office they said we were not intitiled to any compensation,so we have no tickets any more what can we do.
    Thanks
    P.Andrews

  24. Hi Cathy.
    This July me and my boyfriend flew to Kiev Borispol from London Gatwick with Aerosvit Airlines. The original transaction was made with opodo.com
    Our flight was delayed by just over 5 hours, despite me having never had a problem with the airline – they were always on time or early for landing. This time, there was a hideous delay, where no-one had informes us of why the delay had occurred in the first place, and the departure time kept getting pushed back on the screen without a single explanation from the staff – i tried asking but they apparently were not informed. Then once we eventually boarded onto the place, soon we had to stop for a Refuel in Germany. Once we did land, we had to wait for several hours to claim our baggage, again no information from the staff as to why the problems were happening. We were scheduled to arrive at around 7.30pm, but had actually left the airport at 2am!
    I have since drafted and sent a formal letter to the airline, including all the details of the delay and the passenger booking details. They had sent me a reply two weeks later on the lines of, your claim is being considered and we will contact you once any decision is made. I have rang them numerous time on their on-line voice chat and the staff simply told me fibs – the customer service operatives have a day off; the manager is not there; send another email as the email i sent it to doesn’t work (clearly it does as i did get some form of a reply); and at any mention of flight delay compensation they just stall and pretend to not understand, saying that the customer services staff will contact you in a few days time. It has been a week and a half since then, and I have contacted them again about it just not, being told that the claim will be processed in 3 months. I also have some useless correspondence over the online chat (log) on the same lines, but truly useless.
    I’m not sure what to do, as I have been considering to pursue the claim in the small claims court and will be seeing a legal advisor about it tomorrow.
    Could you please give me some advise as to what to do about it?
    P.S: we were not offered anything such as phone calls, food vouchers or anything as such during our long wait in Gatwick.

    Kind Regards,

    Anna.

  25. I received the following response from Thomson despite meeting all the criteria and am not sure on my next course of action

    Without Prejudice

    Please Quote:

    Dear Mr xxx

    Thank you for your correspondence.

    Here at Thomson Airways, we are committed to on-time performance across our flying programme. Doing everything we reasonably can to get our aircraft to their destinations, and you on holiday, safely and on time is really important to us.

    We invest significantly in operational initiatives, engineering excellence and having a modern fleet; they all help to keep the frequency and duration of delays to a bare minimum. As a result, for the past few years, Thomson Airways has been one of the best performing airlines in the UK and has been able to keep the title of most on-time charter airline.

    Very occasionally, though, and despite our very best efforts to prevent delays, they can occur and we are truly sorry that your flight was delayed in the way that you have described.

    Delays are always a disappointment for us, not only in respect of the effect that they have on passenger enjoyment and comfort, but also as there is a real financial cost to us in circumstances which are almost always not our fault. That cost makes offering the best value fares and holidays much more of a challenge.

    In a limited number of circumstances Regulation 261/2004 of the European Union (“the Regulation”) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

    The European Court of Justice has confirmed that, as the Regulation doesn’t say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with “international carriage by air” need to be brought within two years. We, therefore, can’t consider claims for flights that were delayed more than two years ago.

    Keeping an eye on the purpose and spirit of the Regulation and doing that while continuing to deliver real value to our customers is a challenge that can only be met by applying the law robustly and not making payments where there is no entitlement. If we didn’t apply the rules in this way, prices would need to rise for you and all other customers.

    Thank you for taking the time to contact us. And rest assured that we are doing all we reasonably can to ensure that your future flights with Thomson Airways arrive on-time.

    Yours sincerely,
    Michelle Smith
    Customer Support Advisor
    After Travel Customer Support

  26. Julie pringle says:

    I have had an issue with Thomas cook where I was delayed over24 hours in Jamaica. After 5 letters to them they have agreed that I am entitled to compensation, but they have sent me a voucher to use on my next holiday. Do I have to except this or can I insist on a personal cheque? I was requesting for five people at the highest rate, so I was expecting €3500 but they have sent me a voucher for £2707. I don’t know which exchange rate they have used either because that doesn’t work out right.
    Any further help on this would be appreciated.
    Julie x

  27. 4 years ago the family were in turkey and i was ill and so was my daughter in law we had a 3+ hour delay at bodrum airport with not even a cup of water offered to the children on getting back into gatwick we were told because of our delay the baggage handlers had been sent home and we ended up waiting another 3 hours to get our bags and pushchair of the plain my daughter in law was pregnant and one week after gettin home had to have surgery to removed her appendix and at the same time in got told the reason i was ill on holiday was i had cancer same as jade goody but thankfully both me and my daughter in law are well and my beautifull granddaughter who she was pregnant with is also
    can i claim compensation ther were 6 adults and 2 children in our party please help !!!!!

  28. Susan Simpson says:

    Hi, would any one know if an unexpected surge in engine before take off is classed as extraordinary circumstances.
    Many thanks

  29. CAROL PIPER says:

    Hi My Husband and I booked our honeymoon last year to Tunisia from Gatwick our flight was delayed for over 10 hours! I have since emailed Thomas Cooks customer service team and they replied that they were sorry and that they hope that it didnt ruin our speical holiday!!The fact remains we lost a night and of course due to needing sleep, a day, of our honeymoon, is there anything more we can do? We feel after paying for 7 nights and only having 6 we have been cheated.

  30. Louise says:

    Hi

    I travelled to cancun with 4 friends in 2009, the package was with Thomas cook. We were delayed for 16 hours coming home and received a letter when we landed at Manchester saying the reason for the delay was due to Thomas cook fleet and crew working hours, I still have the letter and sent it to Thomas cook by email and now by letter but had no response. Do I have a claim in your opinion?

    Thanks

  31. Dont give up on claims we been promised just over £5OO each dont let them fob you off thomas cook will try to do it dont give in to them

  32. Roisin Hoey says:

    Hi, if you travel to Turkey on a package holiday with a Turkish airline and are delayed over 3 hours, do you claim from the tour operator or directly from the airline and in fact are you able to claim at all given that it’s a Turkish airline? Thanks.

  33. Mgt dickinson says:

    Just back from Antalya turkey package holiday with Thomas cook flight home to glasgow was 22.45 sat 4th may never boarded till 2am 5th may a ll we got was complimentary drink never flying with Thomas cook again we had an hour delay on flight out to antalya

  34. Claire says:

    Hi, I was delayed with Cyprus Airways from Manchester to Larnaca by nearly 5 hours. I made a claim for compensation from Cyprus Airways, however they have stated extra-ordinary circumstances. I have asked for them to explain the extra-ordinary circumstance further, however they have just said they stand by their decision. i have made a complaint to the CAA, however not heard anything in 8 weeks now despite phonecalls and emails. Are the airlines obliged to inform us of the extra-ordinary circumstance?

    thanks
    Claire

  35. Liz Bradwell says:

    We recently had a delay from Cuba back to the uk for just under 24 hrs due to a fault on the plane, we were left in the airport for 6 hrs with no offer of food and drink vouchers. We were eventually returned to a hotel over night and the flight continued the following day.
    Am I entitled to compensation?

  36. Vaughan says:

    Hello

    We have put in a claim against Aer Lingus for a delay in 2007.
    They have rejected this claim for being older than 2 years which apparently exceeds their own limit on claims. Can they do this?
    Many thanks.

  37. peter dunne says:

    Hi Cathy
    In 2010 I claimed for 1 weeks board and hotel costs from AIR malta I sent all of the receipts i had after about a week they replyed and said i had no case in law now considering the ryan air ruleing can I make a new claim? they still have all my receipts but I have my bank statments.

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  40. Paul Dixon says:

    Hi Cathy,

    My issue is with Thomas Cook.

    I submitted the reccomended letter over a month ago, it was signed for on the 18th April 2003 10.33am by a representative of Thomas Cook, no correspondence since has been received at all.

    I had submitted 3 letters last year, the first couple they replied to then it all went quiet towards the end of the Year (presumably awaiting this outcome?)

    The last one I received from them dated 11 Sept 2012 said they would further respond to their own correspondence within 28 days but like i said nothing further received..

    Original compaint to them was based around a 7 hour delay at Newcastle Airport (flying to Cyprus on Flight TCX6236 on the 24th July 2012),& when we finally boarded the plane they then told us as the crew had been waiting the same time they had to change them at Manchester, so we were diverted to there, further delayed until we got a landing slot by over an hour then on the tarmac for over a further hour and a half as they awaited the new flight crew and then a take off slot.. no further compensatory refreshments were offered beyond the £7 vouchers offered at Newcastle early that morning.

    Thus delayed now by over 10 hours, arrival in Cyprus and transfer to the Hotel for midnight meant I and my two daughters (8 & 11)had missed the all inclusive day and entertainment for the 24th July with only a dry ham sandwich, an orange and a bottle of water in the hotel Room for us..(All inclusive meant I had to pay as 2 adults and one child).

    I’m not impressed at all with their silence, what should I do next?

    • Paul Dixon says:

      Hi Cathy,

      My issue is with Thomas Cook.

      I submitted the reccomended letter over a month ago, it was signed for on the 18th April 2013 10.33am by a representative of Thomas Cook, no correspondence since has been received at all.

      I had submitted 3 letters last year, the first couple they replied to then it all went quiet towards the end of the Year (presumably awaiting this outcome?)

      The last one I received from them dated 11 Sept 2012 said they would further respond to their own correspondence within 28 days but like i said nothing further received..

      Original compaint to them was based around a 7 hour delay at Newcastle Airport (flying to Cyprus on Flight TCX6236 on the 24th July 2012),& when we finally boarded the plane they then told us as the crew had been waiting the same time they had to change them at Manchester, so we were diverted to there, further delayed until we got a landing slot by over an hour then on the tarmac for over a further hour and a half as they awaited the new flight crew and then a take off slot.. no further compensatory refreshments were offered beyond the £7 vouchers offered at Newcastle early that morning.

      Thus delayed now by over 10 hours, arrival in Cyprus and transfer to the Hotel for midnight meant I and my two daughters (8 & 11)had missed the all inclusive day and entertainment for the 24th July with only a dry ham sandwich, an orange and a bottle of water in the hotel Room for us..(All inclusive meant I had to pay as 2 adults and one child).

      I’m not impressed at all with their silence, what should I do next?

  41. Hello – we booked return flights from Munich to new York. Both outgoing and return flights were excessively delayed\canceled.

    Flights were booked directly through Lufthansa. The return leg was however operated by air Canada.

    Could you advise on the strengths of our claim.

    Outgoing:

    We had been flying one hour, and debris believed to be from our plane’s landing gear was found on the runway. We were now over Frankfurt. We turned around to land at Munich,so clearly no emergency. Captain advised another plane was prepped, and we would simply move to it with our existing crew. At this time just 2 hours delay. There was no plane being prepped for us. In fact they advised we would now fly back to Frankfurt, change planes and crew. Then eventually they flew a plane from Frankfurt with a new crew to take us directly to new York. The captain new nothing of our delay.

    The original damage could have been due to Lufthansa’s fault, but with the promised plane, we would have been on or way within the 4 hour threshold. However total 7.5 hour delay seems completely in their control. And why not land at Frankfurt, since we turned around there, since our next plane came from Frankfurt. I can only assume they were avoiding financial penalties.

    Inbound:
    The main question here is due to the fact that the carrier was air Canada, even though we booked directly with Lufthansa.

    Then there is a further complication. We had a connecting flight, both operated by the same carrier. A 2 hour delay meant our connection was missed. 1 hour due to a missing crew member, another hour fixing a problem -they had not done the checks until the stewardess arrived!

    In fact we asked them if they could hold the connecting flight, and we landed in time to make it if they had held it for just 15 minutes, but nobody had informed the airport, despite numerous requests from passengers. More than 10 passengers were affected. Air Canada’s response was appalling but that’s more a complaint for the airline.
    But is our claim here to Lufthansa, as we booked with them? Also if the plane we should have been on landed on time, are we still entitled dir to the connecting flights problem.

    Thanks

  42. carol says:

    I was booked on a Ryanair flight from Glasgow to Paris Beauvais that was cancelled because of snow in France. Ryanair instructed us to travel to Edinburgh, stay overnight, and take a flight from Edinburgh to Paris the next morning. However, that flight also was cancelled due to snow. Ryanair then informed us that we would have to wait in Edinburgh an additional 2 days before we could return to Paris (this was where our travel had originated). In checking around the Edinburgh airport, I discovered that several other carriers were flying to Paris that same day. (By midday, all the Paris airports including Beauvais had reopened and were operating normally.) However, Ryanair refused to book us on another carrier and insisted we had to wait two more days. I could not afford to take 3 days off from work, and so at my own expense I bought tickets back to Paris on Air France. In reading EU 261, it says that in case of cancellation, the passenger has to be offered the “earliest available” next flight. Could I therefore claim compensation from Ryanair since they refused to do this?

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  44. miranda c lee says:

    hi had a holiday booked to the dominican commonweath, with my 9 year old nephew ,on 24 december 2012 last year flight was delayed when arrived at babados the connecting flight had gone none of the flight company took responablity for that they did tell me that there was nothing they could do except to get a hotel for the night which i had to pay for and then get a flight the next day which i did not have to pay for
    could you tell me who would be responably

  45. viren says:

    Hello some advice would be appreciated. My wife and I travelled with Thomson Airways from Gatwick to Cancun earlier this week. On the outgoing flight 2 of the toilets went out of order within 1 hour of take off. A few hours later the Captain announced that the remaining toilets had now gone out of order and that we would need to turn back and divert to Bermuda and where they would be able service the fault and refuel. After 2 hours the Captain announced that we would have to stay the night as the
    Pilots would otherwise go over their allowed working hours. After a few more hours of hanging around the airport we were all put up in a hotel and given a small food allowance. The following morning we flew to Cancun arriving just short of 24 hours late.

    Would we be legally due any compensation from the airline? After all we lost one day of our holiday and hotel booking. Many thanks

  46. Julie says:

    We were on an easyjet flight from Faro to liverpool ,when we boarded the aircraft we were told that they needed 45 out of the 145 passengers to either be redirected to another airport ie Belfast or Gatwick and be bused back to Liverpool or a small number of that 45 could stay overnight in Faro and accommodation and meals and compensation of 400 Euros would be provided to each passenger. Due to a death in the family and my son having exams we needed to be back home asap. Easyjet left us waiting on the tarmac on the aircraft for 3 and a half hours without any food or drink until we got clearance to fly. They said this was because on the way down to Faro they used some of the oxygen supply on a gentleman who wasn’t well and they had no policy in place to replace the oxygen therefore they were only carrying enough for 100 passengers. Are we entitled to compensation too? Once we were up in the air Easyjet offered us a free non alcoholic drink???

  47. Ignacio says:

    Hello there,

    Last month i went to Miami with BA from Heathrow. the flight were going to take off at 1.25pm and after we boarded on time for take off the flight was delayed for more than 4 hours because of Ingeniering issues. They kept us in the plane and just gave us some drinks. But food wasnt serve until the flight toke off so 6.

    They also never gave us food and as we were on the plane already we never had the chance to get out of the plane to buy our own food.

    Do you think im entitle to compensation?

    Thank you

  48. sarah says:

    Hi can u help me. I was due to flights home yesterday from mallorca to Birmingham I had put my bagage through and had 30 mins left until boarding. I checked the board and my flights had been canceled. I am flying with ryanair and to be fair they have put me in a b an b. However I was all I inclusive before I left for the airport I have no money and there is me my husband and 2 children and they have said they cannot fly us .back until il Sunday. I don’t know what to do. Please help

  49. anonymous says:

    Your only entitled to it if the airline could have foreseen or prevented the technical fault. 97% of the claims for denied boarding do not get paid out.

  50. freil says:

    my parents were delayed 2 years in a row for more than 5hrs 1 time thier plane was needed to pick up passengers from anotherairport as thier plane broke down wrote to thomas cook they dithered a bit were looking in to it then a month later said you need boarding passes i sent copys of stamped passports at america,check in sticker was wstill on the back of our passport and bank statment of bill what else can i do write to caa or make them give me data protection information they have on us as we hoilday with them

  51. Matthew says:

    Hi there,

    Last week 4 freinds and I were travelling back from bulgaria from a Package holiday booked with thomas cook. On the transfer back to the airport for a 03:45 flight the bus was turned around and we were told there would be at least a 12 hour delay. We were taken back to the airport and given a room that we had to check out of at 12:00. We then were taken back to the airport at about 13:00 and given a sandwich and a bottle of pop. our flight finally departed at 17:10 almost 13 and a half hours late.
    I was wondering if we were entitled to any kind of compensation with it being a return flight?

  52. Graeme Hindhaugh says:

    Hi Cathy,

    I recently travelled to Singapore from London Heathrow with Emirates Airlines and my flight was delayed by 48 minutes causing me to miss my connection in Dubai.

    Although Emirates provided me with accomodation i was still over 24 hours late arriving into Singapore.

    Can i claim compensation for this as Emirates have offered me skywards members miles and said they are not willing to offer a full refund

  53. Karen says:

    We were delayed 3/4 days in Cuba when the ash cloud happened, although Thomas Cook were brilliant and allowed us to stay in the hotel and provide us with food and drink etc, my husband however lost work because of it and he is a self employed DJ with Weddings booked, we spent nearly £100 on phone calls arranging cover and had to reimburse deposit that had already been paid. Are we entitled to claim any sort of compensation? Any advice very much appreciated.

  54. Gemma Cartmale says:

    Me and my family where delayed 9 hours on our return flights from Cyprus, even though we booked per booked sets we still weren’t sitting together. After being told the whole journey to the airport and in the airport our seats would still be honoured At check in we were told we weren’t. On the plane they told us were were going to either Brussels or London Gatwick it was only on the decent were we’re told they had made it to manchester. After waiting 48 days for a reply Thompson have said it isn’t there responsibility to compensate us?? This can’t be true??

  55. Charlotte Stevens says:

    We flew with Thomas Cook from Gatwick to Dalaman on 31 July 2013. The flight was scheduled to leave Gatwick at 9am, but as the transmission tunnel was being moved away from the plane in preparation for take off, it got jammed to the side of the plane due to human error. After it was eventually removed, we all got told to get off the plane as it was unable to be flown because of the damage. We were delayed for over 8 hours as Thomas Cook had to bring a plane down from Manchester airport, meaning we did not leave Gatwick until after 5pm. Thomas Cook did provide us with a food voucher each for use in the airport, but are we able to claim compensation against the airline for the delay?
    Any advice would be greatly appreciated!

  56. My husband and I had booked a flight with Thomas Cooke in May 2013 from Belfast International to Majorca. Our flight was delayed approx. 20hrs due to mechanical fault. We received £100 compensation from Thomas Cooke but I now hear we should have been paid a lot more. Is there any way we can claim the extra compensation we should have had.

  57. steve says:

    Hi My wife and 2 children were recently delayed for a ryanair flight from bristol airport to Girona for 11 hours due to technical issues with the plane that they wedre loaded onto and subsequently unloaded. after a few hours they were given some food vouchers.
    Ryanairs website states they do not give monatary compensation for delays can you please confirm if this is right and can they state that if other airlines do give compensation.
    i have had an email (which ariived after they did finally take off!!) saying that my only rights were to change the flight to another day (subject to availabilty) or a refund.
    both of which would of been useless due to accomodation booked at the other end,
    any advice would be appreciated.
    Thanks
    Steve

  58. We just flew back from Ireland on a USAirways flight that was six hours delayed due to a maintenance issue. We sat at the gate for three hours and the pilot said they were talking with engineers deciding if the part needed to be fixed, or if they could proceed without repairing. At the three hour mark, they told us they were going to fix, and we could all get off and go into the terminal where they would have waters and boxed sandwiches for us. We did, then about two hours later, got back on the plane. We sat for about another hour while they finished up and signed off on everything. When we left, it was six hours late, and we missed our connecting flight in Philadelphia. They gave us a hotel voucher, and four meal vouchers (four passengers on the reservation, $10 each). The next morning we had the first flight home. We both had to take the extra day off work. Being the flight was from an EU country, are we entitled to monetary compensation? The airline just emailed four vouchers for future flight for $800 each, and they can only be used for one flight regardless of cost, and expire in one year. I would prefer cash compensation as we won’t be able to go away again within one year.

  59. Martin Garrity says:

    Hi – We were due to fly back to Leeds from Palma Majorca with Thomson Airlines at 8pm (family of six including two small children) but were told at 5pm at the hotel reception that the flight was delayed and the coach would not be taking us to the airport and to wait for more information. Thankfully meals and drinks were provided at the hotel. We eventually were picked up at midnight and checked in at Palma airport at 1am. However our flight did not take off until 5am – a total of 9 hours delay.
    On return to the UK we received a letter stating this was due to industrial action. However we had learned the original flight from Leeds to Palma the previous morning had been severely delayed due to a technical fault and they had to find an alternative plane at Manchester airport. This plane then made another trip back to Teeside Airport and then back to Palma before our flight took off – further extending our delay.
    I wrote to Thomson who confirmed the delay was due to a technical fault on an earlier flight, not the industrial action as per the letter, but they were covered by the extraordinary circumstances clause and would not pay out.
    We had two exhausted young children and two exhausted OAP’s with us, we were 9 hours delayed and had to take additional days off work and nursery/school on our return.
    1. They lied about the cause of the delay
    2. They exacerbated our delay by providing other flights elsewhere first
    3. They picked us up at midnight at our hotel knowing they wouldn’t then have to provide us with overnight accomodation.
    Am I right to pursue this further?
    Many thanks.

  60. Are you aware of any claims for a Thomas cook airline delay on 6 June this year , flight TcX4468. Delayed at Birmingham, flight allowed to take off but then had to return to UK after approx 1hour as the fault had not been rectified . Further delay then at Manchester , replacement aircraft. Approx 8hour delay. Thomas Cook have claimed ‘extraordinary circumstances’ ! I have written 3 responses. They reply quickly but have said … no compensation.
    Sal

  61. Keith says:

    Having read some of these blogs reassured that perhaps my claim against MONARCH Airlines may eventually be settled- I have lodged details with CAA for over 6months to compensate me for a delay of over 10hours regarding a Gatwick to Lanzarote flight on 1st Nov 2012 which Monarch maintained was due to “extraordinary circumstances” defined as a technical fault with the landing gear on a previous flight.
    It seems up until now the airlines have been able to quote extraordinary circumstances for effectively bad management and/or under resourcing of their company. It is about time that legal opinion has begun to correct the injustice suffered by the travelling public-

    • Brian Knowles says:

      Hi I was wondering if I have a claim as we were delayed 23 hours coming back from Egypt five and a half years ago the airline was First Choice, thanks

  62. Ethel says:

    I was delayed for 13 hours – Easyjet flight from Edinburgh to Lisbon on 28/7/13. I’ve been corresponding by letter and email with their customer services. EasyJet are refusing to pay compensation on the basis that it was a technical fault with the Flight Control Elevator which caused the safety problem and this was therefore an extraordinary circumstance.
    I don’t accept this on basis of EC regulation and subsequent court case. Is there anyone else out there who was on this flight and experiencing the same problem with their claim?

  63. Nicola says:

    We were delayed for 23 hours. We boarded the aircraft and then were told that there was a defective wing flap. Engineers had to fly over from UK to fix it. We were taken to a (dreadful) hotel for the night and then delayed nearly 2 hours again the next morning.
    Is a broken flap an “extraordinary circumstance”? I now issues that come to light “immediately prior to departure” are also excluded so is it worth claiming compensation? Should the airline have been able to provide an alternative aircraft sooner ie were they negligent in handling the problem? Thanks for any advice.

  64. Nesta says:

    I was delayed at Gatwick for 7 hours on 22 Feb 2009, the flight was to dominica with thomson to join a 14 day caribean cruise. We were not told what the problem was. Unfortunately I don’t have the tickets, can I claim compensation and how should I proceed?

  65. Gemma knight says:

    I flew with an airline called skywings which is a company based in greece, athens. I flew from birmingham to corfu, flight was delayed by 3 and a half hours flying out. The returning flight we were delayed by 6 & a half hours and also had an unscheduled stop to refuel which took 2hours. I have all details of the flights from 2011. Can i claim & whats the best way? Thanks

  66. Hi,

    I had a flight delay with Thomas cook for 22 and a half hours from mexico to gatwick back in April. I complained about the delay and was told sorry for the inconvenience by Thomas cook. The delay was due to our plane being used for an earlier flight as the scheduled plane developed a fault. So i complained again stating the eu law and am currently waiting response. I have asked for compensation for everyone in our party and was wondering would my 1 year old qualify for compensation as he did not have his own seat?
    I only ask as i have received such bad customer service from Thomas cook and do not think they could tell the truth to save their lives!!! thanks

  67. Alice says:

    I have a claim in progress with Thomas Cook from October 2008 when our return flight from Heraklion, Crete was delayed by 21 hours. We were put up in an awful hotel in Heraklion from 3am until 4pm the following day, until we were taken back to the airport. Thomas Cook have admitted there was a technical fault with the plane and have offered me £150 off my next Thomas Cook holiday! There were 2 adults and 1 child on this holiday. Does this seem like fair compensation?

  68. My daughter and a friend were travelling back from tenerife to leeds Bradford via Jet 2 in August 2013. Their flight was deleyed because the plane travelling out from Leeds suffered a technical problem. Jet 2 eventually arranged for another plane to be brought from Mancheter (?) to fly out the outgoing passengers to Tenerife to collect my daughter’s flight. However the flight crew on this plane could not fly out to Tenerife until the following day because they would have exceeded their permittable hours in the air. The outcome was that duaghter having been supposed to fly out at circa 7.00pm on a Friday could not fly home until 2pm the following day.

    Jet 2 did provide a welfare packege by way of overnight accommodation, food/drink and transport to /from airport. However the plane home had very limited refreshments on board and were alocating each passenger a drink of waer at least. However my daughter and friend were asleep when this was being given out and when they awoke there was none left for them. So they had a 5 hour flight withoutr anything at all to eat/drink.

    Are there grounds for compensation under EU regulations for these circumstances. She does have travel insurance that provides £50 to cover ancillary costs.

    Thanks

  69. Caroline says:

    Hi
    We were due to fly to Tenerife with Monarch Airlines at 09:50 ion 23rd August. Following boarding a passenger noticed a chip in a window and we were forced to exit the aircraft and return to the airport. We were told that an update would be given at 14:30 and at that time we were told a lunch would be provided. This was the only information we were given. After lunch we were told we would be flying that evening as the aircraft was returned. We went through security to departures and even when we asked if we were definitely going to be departing we were told that the aircraft was fixed and we would be flying. However we werethe t old. O crew was available and we would therefore not be leaving that evening.

    We were told we would be given hotel accommodation and that our flight would leave at 6am, 21 hours later than scheduled. We had to be at the airport at 4am yet we were it given a hotel room until 1:45am so we had just 2 hours.

    Our flight on Saturday left one hour late and we were told they were “trying to locate the baggage”.

    I have made a complaint go Monarch and requested a full refund of the ticket because at no point were we told that we could claim a refund and not accept further assistance from Monarch. Monarch has told me we can complete a claim for the 22 hour delay and give me a cheque for £30 as we were. It offered a phone call but they will not refund because it was my duty to ask about options. I can’t believe this would be so – please can you advise.

  70. Gordon says:

    Hi,

    I tried contacting the CAA but I have been told that as the airport where the delay took place was in Tenerife, I need to contact the CAA equivalent in that country. Is this correct and how do i go about doing this?

    Thanks
    Gordon

  71. can anyone advise on my delay please?

    my family and i boarded a Ryanair flight expecting to take off more or less straight away but as soon as we sat on our seats were were informed of a 3hour delay. My question is can airlines board you without informing you of a delay??? they sent me a text message 2 hours into the delay telling me of the delay and to watch the screens for further information. what a joke!

    also, they never offered us any food or drink but insist that they did, how can i prove them wrong on this?

    any advice would be much appreciated.
    thanks in advance
    Tom.

  72. can anyone advise on my delay please?

    my family and i boarded a Ryanair flight expecting to take off more or less straight away but as soon as we sat on our seats were were informed of a 3hour delay. My question is can airlines board you without informing you of a delay??? they sent me a text message 2 hours into the delay telling me of the delay and to watch the screens for further information. what a joke!

    also, they never offered us any food or drink but insist that they did, how can i prove them wrong on this?

    any advice would be much appreciated.
    thanks in advance
    Tom.

  73. To all

    Thomas Cook flight was delayed by 7 hours from Gatowick to Antayla in June 2013. Knew if I went direct, TC would fobb me off, so to save time, hassle and constant excuses, employed a firm on a no win no fee basis. Yes they deduct 25% of compensation but to me its free money, and best of all, TC have already confirmed they will settle the claim. All I had to do was fill in a 2 minute form, forget about it and let the company do all the chasing. 25% of compensation well spent I think, hopefully I will spend the other 75% just as wisely.

  74. Hi,

    I recently wrote to Air France regarding my entitled compensation. Our flight from Rome to Paris was delayed for 71 minutes and we subsequently missed our connecting Air France flight from Paris to San Francisco. We were not offered a replacement flight until the next morning. I know I qualify under the regulations for compensation, but they just replied back and said the flight delay was “due to unexpected aircraft damage. This is beyond an airline’s
    control and constitutes “extraordinary circumstances.” They offered me a $150 gift. I’ve done a lot of research and many people say that aircraft damage alone does not necessarily constitute “extraordinary circumstances.”

    I was wondering if anyone can give me some advice on what my next step should be because I strongly believe I am entitled to more. Thank you.

  75. Tom Mackie says:

    Hi,

    I booked a flight with KLM to New York and the return flight was with their partner, Delta which was delayed so that I would have missed a connecting flight. We had to get ourselves from Laguardia airport to JFK after getting rebooked on another flight. The delay was over 3 hours, but is it true that even though I booked the journey with KLM, as Delta is not under EU ruling 261 they do not have to compensate? Or because my contract is with KLM they are responsible for the entire journey not just a partial leg? I’m confused, which is it?

  76. David says:

    We have booked return flights with ryan air to krakow in april they have now delayed the flight out by 36 hours.If I ask for a refund will they also refund the return portion of the booking as that is unaffected

  77. Mrs P Forbes says:

    Hi Cathy, I was delayed 8hrs at Glasgow airport on 20/11/2013 flight to Lanzarote with Thomas Cook. I downloaded the form from this website and requester compensation for 4 passengers total 1600 euros. I have received a voucher for use only with Thomas cook and I have to travel within the party, can I refuse this and request cheque?
    Many Thanks
    Patricia

  78. James says:

    Hi,

    I was wondering if you could help me? I am having problems with my insurance company where they say they don’t cover me for ‘flight connections’ so I have emailed the airline and waiting to hear back from them, anyway, here are the details:

    Two separate flight bookings:

    Flight 1
    Jersey to London, return

    Flight 2
    London to Faroe Islands, return (london > jersey 7-8hrs later the same day)

    My return flight from the faroe islands was delayed by 3 1/2 hours and therefore impacted my flight from london later that day back home, I had to change my flight time and basically buy a new ticket on a later flight. My insurance company refuse to cover me as they see this as a ‘connecting flight’ even though the flight is 7-8 hours later, anyway, I was just wondering if you could maybe provide me with some advice? I’ve emailed the airline in the Faroe Islands re a compensation claim (ruling eu261).

    Any help is appreciated
    Thanks,
    James

  79. Katie Park says:

    Hi I am wondering if you could help
    I was delayed 24 hours in Mexico on my honeymoon last year as there was an engine fault with the plane coming out to cancun. As soon as we returned we contacted thomas cook to see if we were entitled to anything, however they said we were not entitled to any compensation
    thanks
    katie

  80. leanne says:

    I was recently due to fly to Sharm el sheikh, but got delayed and then cancelled by easyjet at London Gatwick airport along with thousands of other people on 24th December 2013. I don’t know the real reason apart from really bad rain, I have an email saying there was an unplanned runway closure which affected the schedule of the aircraft planned to operate our flight,another email saying it was a sudden power failure at the airport and another and the a third email stating that the flight was cancelled due to high winds and storms, can you help me I have no idea where to start.

  81. Emadh says:

    My son-in-law and I were out and travel from December 20 to 4 jan 2014.

    we traveled with Turkish airline .

    we traveled from Copenhagen at 12:30 to Istanbul where we landed at 4:45. we have a flight to lahore from Istanbul at 20:00 local time. we knew that we had to wait 4 hours at the airport.
    but as time was 20 we went over to the gate we stood and waited and waited all of a sudden we had at the last minute to another gate when we got there we stood and waited. suddenly, we have been informed that our flight was canceled and we could first fly the next morning at 8:00am

    We all were disappointing of the service they provided, no accommodation had been offered or food etc.
    Later on, they offered hotel for passenger with a Danish passport but transportation from and to the hotel we should to pay for it.

    we got a really bad service we sat on airport benches for 12 hours. the next morning they said suddenly now the plane was moved to 10:00 eventually we got a plane. we were up in the air about 12 o’clock in the morning.

    When we landed at Lahore airport in the evening almost night we were given the knowledge that some of our luggage had not come we should do a report.

    I was contacted by the airport 5 days after we landed that now luggage arrived and we could come and get it , it takes 3
    hours each way where we live until the airport.

    I hope you can help us

    I look forward to hearing from you

  82. Monna says:

    Hello
    I was going to Manchester on 19/08-13 , with my little daughter 9 months. The journey from Copenhagen to Manchester proceeded without difficulty. But when I was going back from Manchester on 3/9-13 I went through a lot of problems .
    When I was checking in baggage I was not allowed for this because my last name on the ticket was not the same as on my passport. After I had made ​​passport , I became married, and thus changed the name, and it was this last name was written on the ticket. Before my departure from Copenhagen , I asked the staff at the baggage check-in , if it would be a problem and they said I just had to show my driver’s license with . which you can see my new surname.

    I showed my driver’s license , passport and ticket to the lady at the baggage check-in Manchester , but was just told that I was not allowed to travel. I asked if I could change the surname and she said no to . Since it was very important for me to get home that day , I went so to easyjet service to the airport and asked them for help . They were very helpful. They went with me to the lady at the baggage check-in and said that it was okay that she let me go . However, I had too much luggage so I paid £ 66 extra for luggage. When I came from there I started having problems again on the way to the gate. When because I had the a pram , I should wait for a staff who could help me down the stairs . I waited for a while and then there was no one to help me. I walked by myself down the stairs
    I made it until the plane 10.30 and it should only facilitate 10:45. The staff at the gate so my pram and said that I could not come up. As it will take time with the baby pram. I saw them taking my luggage off the plane , security staff went up and down three times to hear if I could take , but the staff on the plane said no. It took them no time to take the luggage out and walk up and down three times , but it would take time with my pram . I even said that I let my pram be as long as I can go. But this was not possible , although it was before the baby carriage that was the problem . The plane was even 11 minutes late so the first relieved 10.56 . I was left with luggage and my baby and pram and no help I got . With much difficulty I came back , however, to easyjet service where I was told that I should buy a new ticket. I bought a new ticket to Copenhagen for £ 60 departing the next day. On the new ticket was my old last name as the same lady at the baggage check-in changed the following day, although it was not possible for her the day before. The £ 66 I gave for extra baggage on my old ticket , I have not been refunded.
    I am simply very unhappy with the way I was treated , along with my daughter who was crying and crying.

  83. adrian says:

    Hi Cathy, i was wondering if you can give me any advice on claiming compensation back after our flight to leave on honeymoon was cancelled.

    We were due to fly out of Dublin with Delta airlines, our final destination was Cancun, mexico but we had a stopover in Atlanta, USA. When the plane reached the runway to take off in Dublin there was a fault which the pilot thought could be fixed, so we sat on the edge of the runway for some time (at least an hour) then the pilot decided he would need to go back to the terminal as the job was bigger than they first thought although we still had to remain on the plane. After another lenght of time (around another 2 hours) it was discovered that the plane needed a new part. All passengers were required to get off the plane and return to wait in the terminal building. After another period of time (at least another hour) the airline announced to us that the nearest replacement part was in amsterdam and by the time it was flown in the airline staff would be over there hours and we would not be able to make it to atlanta in time and so the flight was cancelled.

    Delta did give us small snacks wile waiting in the airport and booked us on the exact same flight the next morning with the same connecting flight from Atlanta to cancun. (everything was the same except a day later)
    They also put us up in a hotel in Dublin airport.

    We had booked the whole honeymoon though Thomsons, who booked it with American Holidays. We were due to stay in a 5 star all inclusive hotel in cancun, so when we got checked into the Aiport hotel we were given, we decided to phone thomsons to let them know the delay so they could let the hotel in cancun know and rearrange our transfers. The thomson’s girl was so disappointed for us and said to come into the travel agents when we got home and they would sort compensation for us.

    So the next day we got on the rearranged flight and made it to cancun fine. However on checking into the hotel, the receptionist told us that because we didnt arrive the previous night there were no more King size rooms left, as we were told we would have.

    We did return to Thompsons when we got back from honeymoon and the agent wrote a letter to american holidays on our behalf. It was sent off on 2nd December 2013 and we finally got a reply on 15th January 2014.
    American holidays basically told us we were not due any compensation from them and we should make a claim through our insurance.
    We did return to thomsons yesterday after we received the letter from American holdiday to see where we stand, but thomsons said they could not do anything for us, we would have to contact the airline and insurance company to claim ourselves.

    Our insurance was through AXA, i phoned them last night and
    was told me would only be entitled to 30 pounds each (15 pounds each per 12 hours delayed). I think this is a pathetic amount after spending most of the first day of honeymoon in an airport and missing out on a full day in a 5 star all inclusive hotel in mexico.

    This is the first time ive had a problem with flights our holidays so im not familar on what to do. I had alway thought that booking a package holiday gave some protection if things go wrong but American holidays have given us no help whatsoever.

    Many thanks for any advice you can give me on this

  84. robert edwards says:

    Hi

    Hoping you may help

    We had a delay of over 24 hours on a return flight from Cancun to Gatwick. On the day of our return everything was going to plan right up to the time of departure. Some of us passengers had even boarded the plane and taken our seats ready for take off. It was at this time we were then quickly asked to leave the plane.

    Amongst utter confusion we were told to go to a different gate where there was another Cook airplane waiting. While at the same time the passengers who had previously been at this other gate had started boarding our plane. Confused we watched what was our plane take off while we were still waiting.

    It was at this time everyone started to demand what was happening. It was then they informed us that the plane we were now given had a technical fault and it would’nt be until tomorrow before they could even fly another part from London. When questioned over swapping planes, they answered it was to T Cooks benefit that the Manchester passenger commandeerd our plane because of some knock on effect.

    We contacted T Cook several times who have dug their heels in saying our delay was due to a technical nature, which were extraordinary,

    I find I difficult to swallow about technical natures and such like, because the plane we had took off on time but to Manchester not Gatwick. Reason for our delay was T Cook denied us boarding our scheduled flight and bounced us to one they already new had a fault and a long delay. Can we claim maybe under operational decision by the airline.

  85. Kirstie says:

    We suffered a long delay on a flight to Goa back in December 2008 with Thomas Cook and I am trying to claim from them under the new eu ruling. Have given Thomas Cook all details but don’t have booking reference and nobody there seems able to find it. They say that without it they can’t do anything. I’ve just found a duty free receipt from that day with the flight number on it. Surely this will give them the proof they require. Any advice would be most appreciated. Thanks

  86. Norma Lockett says:

    Thomas Cook Holidays has refused us compensation on the grounds that the plane was hit by another vehicle whilst in the hangar, and they class this as extraordinary circumstances – we had previously asked at least three times why the flight was delayed and received no reason, and the have finally come up with this but will not provide us with any evidence. We have a claim lodged with the CAA – will Thomas Cook need to provide the CAA with the relevant evidence?

  87. Dusty says:

    I am pursuing a small claims court action against Thomson Tui for a 48 hour delay when returning from Cuba in July 2008. Flight was delayed as they were unable to start the aircraft. They eventually flew another plane in from Manchester. Thomson are defending my court action and say I must prove I was on the flight. How can I do this with no boarding pass, flight ticket or any other documentation? Is it reasonable for them to expect me to hold tickets etc for six years when they must have passenger manifests which covered the delayed flight.

  88. Sharon Irwin says:

    Hi I’m currently trying to get compensation from Delta for a delay back in 2009.
    They are refusing to look at it unless i can prove i was on the flight.
    Clearly i have no longer got any documentation for a flight in 2009. They say they have no obligation to keep records for more than 3 years. Is there anything i can do?? I’d appreciate any advice.

  89. Mike Fielding says:

    In November 2012 i flew from Bangkok to Heathrow with a friend. We were delayed 12hours 53minutes on BA10. To claim BA say I must be able to produce tickets but after this period of time that is not possible. Do I have to have the ticket to make a claim.
    BA did put us up overnight as the flight was due out at 12-30 AM leaving eventualy at 1-44 PM

  90. Mervyn Keers says:

    I was traveling with Flybe from Southampton to Belfast on 20/06/2014. The flight suffered a technical problem with one of the engines, which had to be shut down, and was diverted to Manchester. All passengers were put up in hotels overnight and then flown to Belfast the following morning. Can I claim compensation as a result of this or does this come into the category of ‘extraordinary circumstances’?

    • I think in the most recent case, Jet2 v Huzar, the English Court of Appeal says that engine problems are not ‘extraordinary’ and the airline should pay out. But I understand that the airline in that case is trying to appeal the judgement to the Surpreme Court (despite being refused leave to appeal by the Court of Appeal). Flybe are using this as an excuse not to pay out on their delay claims until its decided – I have an ongoing claim from a flight in June which they’ve just said they won’t deal with until after the appeal. So if you do claim (and why not?) expect a similar response.

      • It’s an ongoing case and we will ahve to wait for the Jet2 appeal for this to develop further. Most airlines are once again staying claims until this case is heard again.

  91. William O'Hara says:

    I have been delayed this weekend flying back from Antalya to Manchester (21st June) – I booked the flight with Thomas Cook but the airline was PEGASUS – will I be able to pursue a claim as I booked with Thomas Cook or because the flight was with Pegasus who are based in Turkey will it be a problem

  92. Lorna D says:

    Hi

    Me and my family were delayed coming back from Reus to Aberdeen in 2012 due to a technical fault. Our flight was suppose to be about 11ish but kept getting delayed but they need something was wrong as we weren’t allowed to go through to the departure lounge.
    We were updated in the airport about every 4 hours and got free sandwiches and refreshments by about 5pm. But by about 7ish they told us our flight wouldn’t be until the next morning.
    We got accommodation and meals at the hotel. The next morning, our flight was delayed again. So in total, we were delayed 23 hours.

    I am trying to find the letter that Thomas Cook gave us to explain what had happened, because at the point, they said the only people who could claim were the ones who lost a days wage.
    We did sent a letter to Thomas Cook which we are also trying to find. But so far I only have the ticket stub from my boarding pass. It was the my name, date (but no year) and Flight number on it. Is this enough to claim?

  93. Norman pettigrew says:

    You may be entitled for compensation for delayed flight,but will they pay do not hold your breath,CAA have told Thomas Cook we should be paid compensation but they still refuse.

  94. claire says:

    Hi please may i have some advice myself husband and 2 children travelled with thomas cook on 22/09/2012 from manchester to antalya and we were delayed for 6 hrs due to a technical fault aparantley they could not find the right part for the plane, we were given food vouchers at check in and told we were delayed 2 hrs but it just kept going up, ive contacted thomas cook for compensation but they say there is no proof i travelled with them as i booked via co-op travel i didnt keep my documents or flight tickets as at the time i didnt know you could claim how can i prove we were on that plane as co-op travel have a new system and cant find any details from before this year. many thanks claire

    • Hi there

      I would go back to Thomas Cook and ask them to trail through their HQ records as flights have manfiests and these will have been kept digitally. Co-Op will also have previous records at their head office so again write to them and ask them to find the information for you so you can then make a claim.

      You should provide proof of purchase from Co-Op such as a bank or card statement.

      Once you have this information make a claim following this advice;

      http://www.caa.co.uk/default.aspx?catid=2226&pageid=15601

      Bob

  95. Hi Cathy, perhaps you can help us. My wife and I were delayed by 21 hours when returning from Toronto to Manchester with Air Canada Rouge. A mechanical fault was given as the reason for the delay. We were given accommodation in a hotel and meal vouchers, and offered vouchers which entitle us to a discount on future booking with Air Canada. Unfortunately the vouchers are useless to us as we have no intention of visiting Canada in the near future. I have seen references on the internet to a Gabor Lukacs’ victory in the courts in Canada in obtaining monetary compensation rather than vouchers etc. Are we entitled to similar compensation in the UK?
    Thank you David

    • Hi there
      Sorry to learn of the delay you had on your flight with Air Canada Rouge.
      As Air Canada Rouge is NOT an EU airline and the flight was not departing from an EU airport you are not entitled to any compensation under the EU261 ruling.
      We are not experts in Canadian Law however we would advise you write back to Air Canada Rouge and ask them to replace your vouchers with cash. Cite the Gabor Lukac case in your letter.
      Good luck and do let us know how you go on.
      Bob

  96. Hi there Tessa
    Apologies for the delay in responding to your comment.
    My advice is to write to Customer Relations at Malaysian Airlines and detail your claim in writing. They should be more amenable to resolving this for you and I would also ensure you include all necessary receipts.
    Not knowing what his insurance cover is I would however be surprised if there was anything that would cover such circumstances as acts of terrorism are usually outside of normal cover here in the UK. I’m not sure if it is the same in Australia, so you would need to check his policy.
    Our best with your claim.
    Bob

  97. Jude Honeyman says:

    I have complained to the CAA regarding a flight from manchester to Dalaman in June 2014. I was due to fly at 4.00pm. The flight was delayed on 2 hour slots, this was known at check in. Eventually, after 3 dalays and and at 10.30pm at night we were all shipped (like animals!) to a hotel. This hotel was not equipped for 300 passengers, it was so stressful. The next morning at 11.00am we scoured the hotel for a thomas Cook rep to tell us what to do next. Nobody saw a rep from the point of leaving the airport on buses the night before, no information at all. We eventuall got information to catch a buis outside the hotel at 12.00 and check back into manchester (We had to check out the night before, go through passport control and collect luggage, no rep in site) we eventually landed in turkey 19 hours late! The response I recieved from Thomas Cook when, I complained on returning home, was basically “passing the buck” they cannot aviod plane problems!I have today received this from the CAA, what I would really appreciate is some advice, what do I do next? what are my options? Surely Thomas Cook cannot get away with this. To be honest the CAA have been great but I m confused with the repsonse – please help
    This is the CAA response:

    I am writing to you about your complaint with Thomas Cook Airlines.

    Your complaint relates to a flight disruption caused by a technical problem. This issue was considered in the Jet2 v Huzar ruling handed down by the Court of Appeal on 11 June 2014. Jet2 have now sought leave for a further appeal, so the final impact may not be clear for many months yet. However, as it now stands, the “extraordinary circumstances” exemption is still in the law, but will be narrower as it will not apply to the kind of technical problems that are normal in running an airline. The Court decided that the technical fault in the case, namely a wiring defect in the fuel valve circuit which could not have been prevented by prior maintenance or prior visual inspection, was not “extraordinary”, and compensation was due.

    Unfortunately, there will continue to be a period of uncertainty until the Supreme Court makes a decision on whether it will hear the appeal. We expect that decision to be taken later this year. If the Supreme Court refuses the appeal, then the current judgement will apply. If the Supreme Court accepts that it will hear the appeal, then it will take some time until the case is actually heard, and its judgement issued.

    We have contacted the airline about your case and they have advised that they will not be handling your case until the outcome of the appeal has been decided.

    Given this uncertainty, we intend to postpone handling of your compensation claim until we have had further clarification from the Supreme Court. I would like to reassure you that we have not closed your compensation claim. We will hold your claim open until there is further clarification from the Supreme Court, at which time we will be in touch with you again to advise you on how we will be taking your claim forward.

    If you are not happy with this outcome, you may wish to take the case to a local County Court. We are not able to provide you with legal advice in respect of your claim, but you can get guidance on commencing court proceedings from your local Citizens’ Advice Bureau or the Court Service. Please refer to the information provided via the following links:

    • We was on the same flight as you and can totaly agree how apauling the situation was! Would love to know how you have got on with your claim as we have just re submitted ours

      thanks

  98. Wendy Anderson says:

    Hi

    I am hoping someone can assist me. My family and I were subject to an 8 hour delay in November 2012 flying back from Orlando to Manchester. We received very basic food and drink vouchers.
    On my return contacted Thomas Cook to claim compensation, several letters letter, I referred the matter to the CAA. However, after several months all the CAA did was refer the matter to Thomas Cook.

    There was no response from Thomas Cook, so I wrote yet again, referring to the case of Jet2 v Huzar. Their response was that the technical fault did fall within the definition of ‘extraordinary circumstances’ and they would not be offering any compensation. I have asked them to specify what the fault was but again have received no further response.

    I just wondered if anyone has faced a similar situation, I am in the process of beginning a claim with small claims court but wondered if anyone would advise differently.

    Thank you

  99. Hi,

    I was on a return Thomson flight from Dominican Republic on August 4th 2014, when one of the engines failed forcing an emergency landing at a military base in the Azores. I’m not the greatest flyer at the best of times, but when the entertainment system went down followed by cabin black out, strange rebooting systems coming over loud speaker followed by rapid change in altitude, many passengers and I were pretty distressed. The pilot announced that one of the engines had failed and we would be landing at the nearest airport (an hour and forty five minutes away) which was probably one of my least favourite experiences to date. Thankfully the pilots did a great job landing, however once landed we were unable to wait anywhere other than the plane for over five hours. We were later transferred to a stark military building surrounded by the Portuguese army for a further few hours where we were supplied with a pretty rank chocolate cake thing and water. I understand that the company could not have expected these events to occur and thus couldn’t be expected to prepare for such an event (even if it turns out the ‘Dreamliner’ plane has had a number of previous incidents). However when the ‘rescue’ plane came over, at this point they know exactly what they’re preparing for yet the plane had almost no food on it. (Small portion of chips or a sandwich). We returned to Manchester approximately 11 hours delayed and pretty shaken up to an immediate written offer of £100 Thomson voucher (recently altered to simply a cheque). Having looked at your guidelines on here it appears this offer is vastly less than what could be expected and it just felt like they were trying to buy us off or hush us up after a pretty dreadful time. To be honest after what happened if they had refunded the whole flight cost, the experience was such that I’d still think twice about flying with them. However I noticed the rules are usually for EU to EU flights. Is it an issue having flown from outside of the EU? And do you know what steps I should take in order to receive, what I believe to be, a fairer compensation package? I’d also like to make clear the pilots and cabin crew were great under the circumstances, despite being hamstrung by a lack of support from the company.

    Really appreciate your advice,

    Rob x

    • Hi there Rob

      You can certainly claim under the EU261 rules as Thomson is a UK based airline. Follow the advice and make your claim where you could be entitled to the maximum payout.

      It will all depend on whether or not the cause of the issue falls outside of the extraordinary circumstances clause. This is quite technical by nature and there is a lot of case law currently under way about this, specifically an ongoing case against Jet2 which is currently awaiting a final appeal.

      My advice is make the claim, don’t bank the cheque and see what happens. If they fail to pay out refer them to the CAA as per the procedures.

      Good luck and let us know who you go on.

      Bob

  100. I travel with Turkish airline from Istanbul to London but my bagges was delayed for 24 hours can I compensation for that issuer.
    Many thanks

    • Hi there

      You can’t claim compensation for delayed bags from an airline, however you may be able to claim for delayed bags on a travel insurance policy if you had one with this as a clause. Alternatively you may be able to claim from the airline for out of pocket expenses you incurred to buy essentials such as toiletries and underwear or a change of clothing. Contact Turkish Airlines customer service for more assistance.

      Bob

  101. Betty says:

    I would like to know if I can claim compensation from the airline for a flight delay of 14 hours as well as from my travel insurance company?

    • Hi Betty

      You can potentially claim for a delayed flight from the airline subject to a few conditions – read our article for more info. This would be the EU261 compensation.

      You can also claim for Travel Delay on a travel inusrance policy subject to the terms and conditions of the policy itself and this is NOT linked to any EU261 claim.

      Hope this helps and let us know how you get on.

      Regards

      Bob

      • amaouche says:

        hi mr bob
        my name is mohammed el amine amaouche i booked ticket from jet2 company to travel from alicante spain to braford leeds and i have a french passport this company did not let me fly for no reason i asked them and did not get answer till now and i flyed with another company normaly can i copmlain jet2 please

        • Hello there.

          I am sorry that you had problems flying. On the face of things there should be no problem with accepting a full French passport with sufficient validity left on the document to fly from Leeds to Spain.

          I would there fore make a formal complaint and look to recover any costs from them that you incurred.

          There adress for contacting customer service at Jet2 on this link;

          http://www.jet2.com/faqs/customer-service

          Let us know how you get on.

          Bob

  102. Paul Hughes says:

    Hello,

    I was recently delayed by over eight hours on a Ryanair flight due to the following:

    1) We has already gone through boarding and were waiting for the terminal door to open
    2) We were called back and told that our aircraft was now going to be used for an earlier flight that had been delayed due to a technical problem – another aircraft would be available in about 30 minutes
    3) I have checked this on various aircraft movement websites and indeed this is true. The aircraft that was due to service our flight was used for the earlier delayed flight. The aircraft that was due to service the earlier flight did not fly again that day
    4) We did not get a substitute aircraft within 30 minutes but had to wait eight hours
    5) We were delayed due to an operational decision to switch aircraft
    5) I have written to Ryanair seeking compensation but they claim that our flight was delayed by an, unspecified, technical fault
    6) I have pointed out that the earlier flight, delayed by two hours, and our flight, by eight, cannot both have been delayed by the one technical issue and that we were were indeed delayed by an operational decision
    7) They have not answered

    Should I press the issue?

    Best regards

    Paul Hughes

  103. Im thinking about claiming for a cancelled flight christmas 4 years ago monarch from alicante to london. Is there anyway of finding out the flight number etc ? Being 4 years ago i obviously dont have the details anymore.

  104. Russell says:

    Hi, I recently put in a claim for compensation for a flight delay travelling on 13/06/14. I got a reply to say my case is on hold awaiting the outcome of the supreme court, however 12 of my colleagues travelling under two different booking references on the same flight have been awarded compensation and the money has now been paid into their accounts.
    Any advice would be welcomed as I have tried to get a response from the airline to explain why they have paid out for some and not others but they won’t/can’t give me any answers.

    Regards,

    Russell

    • Hi there

      I would go back to the airline and point out that colleagues on the same flights have been paid and ask them to reconsider.

      Let us know how you get on.

      Bob

  105. Robert Bacon says:

    Hi there just returned from Egypt with Thomas cook and had a 3hour 10min take off delay at Sharm el sheikh air port due engine problems and no qualified 757 engineers to check at the air port. I know its not an EU country but can I still claim compensation for this delay.

    Regards

    Robert

    • Hi there

      It’s the time of arrival that determines the final delay length and not the take off time. If the delay is over three hours you could be enetitled to €400 per person if the reason for the delay falls within the EU261 rules.

      I would make a claim online to Thomas Cook and see what happens.

      Bob

  106. Emily Ellis says:

    I have an enquiry regarding a delayed return flight from Ibiza back to Dublin which occured last thursday 11/9/2014 we were suppose to return home on the 11.45pm flight and were informed there will be a three hour delay due to an earlier flight being delayed which left all other planes not able to regulate their times. Just under 3 hours we were told the plane is ready to be boarded and we were brought on the shuttlebus to the plane and left sitting on the bus for 20 minutes for the bus to turn around and go back to the terminal we were told to return to the terminal that there was something wrong with the plane. Thomson staff came to inform us that on landing the plane hit a bird and a technician needed to check the plane, however he was in Palma and needed to be flown in and wont be able to come until 5am. Im unsure at the exact time we boarded the plane but I do know we landed in Dublin after 8am thursday the 11th September. We booked through Thomson Travel in Dublin, however I cannot find on their website where I can try to claim compensation for our horrendous trip home. Can you advise me what I need to do in regards claiming and is there a time frame as I am going into the 7th day now.

    Emily

  107. Paul Beal says:

    Hi There.
    My wife and I are currently on holiday in Dominican Republic. Our flights on the way here were due to depart at 10:30am from Gatwick London however when we arrived at the airport we were told the flight was delayed till 5:30pm (7 hour delay) we were offered a £5 voucher each to get snacks by Thomson Airlines. We were then told to come back in 1.5 hours for another voucher. We went back and we were told there was no more vouchers and we had to sit down and wait. We were told a meal would be provided at one of the hotels inside gatwick north gate. We finally got meal around 2pm. The plane arrived on time (for the delay) but we are wondering if we could be entitled to compensation. Is it worth us making a claim? What are the chances of getting any compensation?

    Regards

    Paul

    • Hi there

      If your flights arrived seven hours later than originally scheduled than you are enttield to claim for compensation from Thomson subject to the reason being within the EU261 rulings.

      Follow the advice in our article for the process on making a claim, its farily straightforward and sue the links to the CAA for extra help and guidance.

      let us know how you get on.

      Kind regards

      Bob

  108. Daniel Ordaz says:

    How can I get a document to show Axa Insurance that my daughter’s flight from Istambul to Houston on July 26th was delayed thus missing her connection to Mexico City?
    On FlightAware I got the schedule showing the delay but Axa asks for more.
    Thanks in advance.

  109. Daniel Ordaz says:

    I forgot to mention that it was on Turkish Airlines…

  110. G Parr says:

    I am currently acting for my son on his families delayed flight/s some years ago. I will not bore you with the full details apart from the following.

    After being directed to the Civil Aviation Authorities (CAA) by Thomas Cook(TC)themselves,after numerous letters TC to claim compensation The CAA, has looked at his case and contacted TC and told them that they have no defense and that the claim is valid and told them to pay up, but TC have still said no, which is remarkable!

    We are now sending a “last” letter back to the Complaints Dept and the CEO of TC in London, to see if we can finally come to a conclusion. If no satisfactory response then it is the small claims court we go.

    Just a Note:-

    If anyone is claiming for delays on the two legs of there journey, you should make the outward bound claim in the country you left from and the inward bound claim in the country you left from. You can get these details via the CAA web site.

    Also.

    If you are going to the small claims court, look at taking an action out in all individual names in your party, as the final amount in one name may not be enough to compensate the parties concerned !

    Tell the travel agent you are going to post your concerns on social media web sites when writing, as it may make then respond quicker.

    I will keep you posted

  111. Joanne Carroll says:

    Hi, British Airways have refused my claim for EU compensation citing ‘airfield restrictions’ as the cause. Flight Stats website have figures which show this particular flight BA 1407 performs very poor and there are only 2% of flights which perform worse than this one.

    It was also late because it left Heathrow late to get to us in Manchester not because it was delayed in Manchester leaving. I smell a fob off.

    What are your thoughts…. appreciate any time in is matter!

    • Any claim for EU Compensation is subject to whether or not the airline can claim ‘Extraordinary Circumstances’ for the delay. These are usually things that are completely outside of the control of the airline. This is where you find more information about that – from the CAA who administer the EU rules in the UK.

      http://www.caa.co.uk/default.aspx?catid=2211&pageid=15463

      I’ve never heard this reason being given by an airline before, however I do know that British Airways are one of the most responsible of airlines in applying the rules, so if it is a valid reason for the delay then they are within their rights to refuse the claim.

      I don’t know how much communication you have had with the airline, so I would go back and challenge it asking them why the delay was not in their control and pointing out that from the statistics this departure is one of the worst on record, clearly indicating they could do something about it.

      If you get kicked back again you could go to the CAA and ask them for assistance in clarifying this. http://www.caa.co.uk/default.aspx?catid=2211&pageid=12725

      I trust that this helps. Do let me know how you get on.

      Kind regards

  112. Ian Wiltshire says:

    Hi we have just returned from Turkey and we’re diverted due to bad on the outward journey from Dalaman to Bodrum, the same thing had happened the previous night. We booked with Thomas Cook but flew with Monarch. On arrival at Bodrum there was no Monarch or Thomas Cook rep advising us. We landed at 9.30pm local time and it took until 3.30am local time for any coaches to arrive bearing in mind Dalaman is only 3 hours away. We had very little info from the local company Steel Wings and only 1 cold sandwich, 1 bottle of water and 1 coffee in 6 hours. We were not offered local accomodation. And then driven 3 hours to Dalaman in pouring rain an thick fog through the mountains in pitch black poor visibility. At one point the driver hit the bollards at the side of the road.

    On arrival at Dalaman at 6.45am there was no Thomas Cook rep to be found and the airport was locked, she eventually turned up 45mins later and announced she had been up a long time and it wasn’t her fault!

    We at last boarded a coach from Dalaman to Olu Deniz, another 2 hour 90min journey on an old coach that broke down half way there causing another 30-45min delay awaiting another coach.

    We at last arrived at our destination at 10am nearly 12 hours late.

    I know flights do get diverted for bad weather but there was no contingency plan in place and also considering it had happened 24 hours earlier.

    I have made a complaint to Thomas Cook in Turkey but wondered if we have good grounds for compensation due to the over excessive wait for a coach.

    Many thanks
    Ian Wiltshire

    • Hi there

      What an awful start to your holiday.

      Compensation under EU261 rules only applies to flights and bad weather is not a reason for an airle to pay out I’m afraid under those rules.

      However I would say you do have a case for the general way you were handled as passengers as they are reponsible for your welfare during that time and to ensure you receive relevant food and beverage during a delay even if it is weather related. Follow up the complaint you made in Turkey with Thomas Cook here in the UK. If you have had no response to your original complaint within one month of making it then chase the tour operator.

      Some helpful advice can be found here;

      http://www.caa.co.uk/default.aspx?catid=2211&pageid=15439

      Let us know how you go on.

      Kind regards

      Bob

  113. Victoria Roe says:

    I was delayed overnight on a flight from Cardiff to Larnaca. The apparent reason for this was a bird strike which I understand is an exceptional circumstance. However, I am dubious that this was the case as I have been informed by Thomas Cook that it was a technical difficulty now. If it was a bird strike do they have to be able to prove this, as surely they could just say this to avoid paying compensation. Many thanks.

    • Hi there

      A bird strike would count as an exceptional circumstance so compensation would not be due in the case of a delay as a result of this.
      I would contact Thomas Cook and ask them to verify the cause of the delay as proven to be a bird strike. If it is a technical delay and not as a result oo the birds then file a claim.

      You should also consider claiming on your travel insurance if tour trip concluded within the last month as you may be eleigible for travel delay on your policy. You would need a written confirmation of the delay from Thomas Cook in order to make this claim.

      Let us know how you get on.

      Kind regards

      Bob

  114. Fai Wong says:

    Hi,

    We went to Orlando this summer via Miami and our flights with American Airlines from both Heathrow and Orlando for our outward and return journeys respectively were delayed resulting in both cases us missing our connecting flights in Miami.

    Our outward journey from Heathrow was delayed by 74 min which coupled with a lengthy wait of almost an hour for our luggage, resulted in us missing our connecting flight to Orlando. After being rescheduled onto a later flight which too was delayed by 90 minutes, we finally arrived at Orlando at 1 O clock in the morning, about 5 hours and 15 mins later than our original scheduled time. On contacting American Airlines for details of the delay, they replied and said that both flights were delayed due to operational reasons. Are we able to claim compensation under EU261 rules regulations? We are unsure how the rules would apply when connection flights are involved.

    On the return journey, our flight from Orlando to Miami was delayed by 416 minutes after one of the engines failed to start. We were actually on the plane but were told to disembark and rearrange our flights which took us almost 3 hours to do as the queue was extremely long. This again caused us to miss our connecting flight to Heathrow in Miami. We were rescheduled with alternative flights the following day and were provided with accommodation a local hotel overnight. We finally arrived at Heathrow over 20 hours later than scheduled with our flight from Miami to Heathrow (rearranged via British Airways) also delayed by 23 minutes.

    To add to all the frustrations, after waiting for over an hour for our luggage at Heathrow, we found out that our luggage, which was checked in on our original but cancelled (delayed) Orlando to Miami flight, was actually not on the BA flight despite being reassured on 3 separate occasions that they would be. 3 out of the 4 suitcases were found and return to us by courier the following day but the 4th was not found until almost 5 days later.

    As a result of the delay coming home, we incurred additional expenses for food and additional airport parking charges. I have also lost a day’s fee with my client.

    As our return journey is via a non-EU airline, I understand that we will not be able to claim compensation under EU 261 rules, but should we be able to claim compensation direct from American Airline? If so, what level of compensation should we claim for? Should we base our claim using EU 261 rules? And finally, should we make the claim as two separate claims, one for the outward journey and one for the return or should we make one claim for the delays on both the outward & return journeys together?

    Many Thanks,

    Fai Wong

    • Hi there Fai

      I’m sorry to learn of the problems you had on your flights. It is always frustrating when you miss connections and even more so when your bags don’t arrive as planned.

      You are correct that as American Airlines is not an EU based airline you can only consider EU261 rules for the outward flight. As long as the tickets were bought as a through flight i.e. Heathrow to Orlando with a flight change and not two separate journeys on separate booking references you could consider if EU261 will pay out. They are liable for your entire journey and you would need to have arrived at least four hours or more late in your final ticketed destination to be entitled to the €600 per person pay out.

      What you have to ascertain is the exact nature of the delay. ‘Operational’ reasons could mean a number of things. If it is due to weather delaying take offs and landings then this is NOT covered as it falls into extraordinary circumstances. However if it is due to technical faults causing aircraft to be out of action, crew shortages, late operating aircraft etc. then this is within the control of the carrier and so you should be due compensation. You’re your complaint here; https://www.aa.com/contactAA/viewEmailFormAccess.do?eventName=customerRelations&eventName=customerRelations

      As for your return journey you need to appeal to American Airlines direct as there are no EU style rules. This is the closest you get here http://www.usa.gov/topics/travel/air/resolve-problems/flight.shtml for delays and here for your lost baggage http://www.usa.gov/topics/travel/air/resolve-problems/baggage.shtml

      Did you consider your travel insurance policy for travel delays and delayed baggage? Depending on the cover extent and levels you have on this you may have been able to claim although you normally need to do this within one month of return back to the UK. You also need proof of the delay in writing from the airline as well as the lost and delayed baggage reports.

      Good luck and do let us know how you get on.

      Kind regards

      Bob

      • David Druce says:

        I booked a return British Airways flight from Heathrow to Chicago earlier this year and the return flight was operated by American Airways (with a BA flight number!) and was delayed by over four hours due to a fault with the plane. BA deny all liability for compensation and needless to say I can’t get a reply from AA. Are BA correct in this? It seems a very easy way for them to avoid responsibility!

        • Hi there David

          I’m afraid British Airways are right. Under the EU261 legislation even if you book a codeshare flight with an EU carrier but it is operated by a non EU carrier on a route that is not departing from the EU then you will not be able to claim compensation for delays under the EU261 rules.

          http://www.caa.co.uk/default.aspx?catid=2211&pagetype=90&pageid=15443

          Therefore your only option is to apply to American Airlines Customer Relations to see if they will give you anything, or to consider claiming on a travel insurance policy should yours pay out for a delay of this length (most won’t until at least 12 hours or more).

          Sorry to confirm this to you.

          Kind regards

          Bob

      • Fai Wong says:

        Hi Bob,

        Thanks for your advice. I will definitely let you know how I get on.

        Unfortunately, our travel insurance does not cover delayed baggage on the return leg or cover my lost of income due to travel delays. They will only cover our additional expenses if I am unable to recover them from the airline.

        From the links that you have provided, I am unclear whether I can claim compensation for the delay on my return leg of our holiday which is outside the EU261 rule. If I can, what would be a reasonable amount of compensation to claim for a 20 hour travel delay and a 5 day baggage delay?

        Also, should I make claim against America as two separate claims, one for the outward journey and one for the return or would I have more chance of success if I make one single claim to cover both incidents?

        Thanks & Regards,

        Fai

        • Hi there
          Sorry if we confused you. You are NOT able to claim under EU261 for the return journey , However you can got direct to American Airlines and see if they will give you anything. As this is NOT something governed by rules you are likely to get some sort of voucher for the travel delay for use against future flights if you persist. As for the baggage you would normally submit receipts for items you need to buy as a result of the bag being delayed as compensation per se is not liable.
          The outward journey should be done as an EU261 claim.
          The inward journey should be dealt with as a separate claim.
          I hope that helps.
          Kind regards
          Bob

  115. Jessica Smith says:

    Hi,
    November last year we travelled from Manchester to Sydney via Emirates. Our flight from Manchester to Dubai was late getting into Dubai which made us late and miss our connecting flight to Sydney. We ended up being delayed around 12 hours. Would we be eligible to claim under the EU 261/2004 legislation as we weren’t flying with an EU airline?
    Thanks, Jessica

  116. Deirdre o Friel says:

    Hi , I recently booked a flight with Ryanair which was cancelled whilst I was waiting at the airport. The delay was on the return flight from Dublin to Stanstead airport . I was placed on an alternative flight but it didn’t leave until after a three hour and ten minute delay and landed in Luton .The result was a considerable delay to my onward travel plans. I have been reimbursed for a bus fair of £15.00 .When I wrote to customers services I was informed that the flight cancellation was due to a technical fault and as this is therefore “exceptional circumstances” and that they are not required to pay compensation under EU regulation . I have written again in response to the Customer services for information as to why the technical fault in this circumstance meets the criteria of exceptional circumstances to be advised that they are unable to release any technical details pertaining to this flight in the interest of safety of the aircraft and crew. I have advised in my correspondence that I am unhappy with the outcome in terms of compensation as even though an alternative flight was organised there was non the less a delay of in excess of three hours . I have also written that due to my dissatisfaction with the outcome then I would like to escalate my complaint. I have received a letter back stating that they acknowledge my continued dissatisfaction and are sorry that they can be of no further assistance to me can be of no further assistance with regards to this matter . They have not indicated who I can escalate the complaint to .Is there any thing further that I can do.

    • Hi there

      Recent cases around technical delays in the UK courts affect all flights operating from the UK, so I would go back to them and cite the recent Jet2 vs Huzar case as being reasonable for them to now pay out the EU261 compensation. This case hung around whether technical delays were ‘extraordinary’ or not and found in favour of the consumer.

      You can read more about that case here;
      http://www.bottonline.co.uk/aviation-latest-news

      If they still do not pay out then your only recourse is to take a small claims court action against them or to employ a specialist firm such as Bott (we do not necessarily endorse or recommend them) to help you.

      Good luck and do let us know how you get on.

      Kind regards

      Bob

      • Callam says:

        Hi bob
        We was delayed for 22 hour in august this year flying from dalaman to manchester with thomas cook. They said it was due to a technical fault with the engine would we be entitled to anything?

        • Hi there Callam

          On the face of it , it sounds like you have a valid claim although we cannot guarantee that as we are not able to see the full circumstances and the airline has to confirm the exact reason for the delay in order for us to advise at all.

          I would follow the procedures we lay out in the foot of our piece here and file your claim. Use the CAA website for any additional help to make your claim.

          Good luck and let us know how you get on.

          Kind regards

          Bob

  117. Richard Keery says:

    Bob
    I note your comments earlier regarding airline liability for delay resulting from ‘bird strike’ and hope you might be able to advise on my case.
    My flight to Edinburgh via London from Rome with BA in September was delayed over 12 hours. We missed our connection in London and had a forced overnight at Heathrow before onward travel to Edinburgh next day.
    I have written to BA to request compensation for the delay under the EU rules and received a letter from them today rejecting the claim stating that the “aircraft was damaged by a foreign object during the preceding flight and this is outside our control and constitutes as extraordinary circumstances.”
    Firstly is this a legitimate defence on their part as a ‘foreign object’ could be anything from a bird strike to actions of the crew and damage from the inside? can they excuse themselves with such little explanation?
    Secondly, two faulty aircraft where involved with the delay. The pilot on the eventual flight from Rome to London announced that there had been a catalogue of issues that caused the overall delay. He advised the first scheduled aircraft was damaged and had to return to London. He then advised a replacement aircraft was sent which also developed a fault, failed communication equipment, and it too had to return to London. A third aircraft was then dispatched but it too was delayed as several passengers decided to abandon their journeys and the off-loading then caused additional delay.
    So my question is can BA escape liability when the original aircraft was not the only factor in the saga?
    Thanks

    • Hi there

      My understanding here is that damage due to a bird strike is deemed as ‘extraordinary’ and therefore a claim under EU261 would be unsuccessful in that instance.

      However your overall delay was, it would appear, compounded by what sounds like a technical fault on the second plane (which would normally be liable under EU261 subject to the length of the delay) and then a third delay due to operational reasons caused by passenger off loading which could be deemed also as ‘extraordinary in some circumstances) then you MAY have an argument here. The wording they have used comes from point 20 on the advice here – http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf which also comments about off loading of passengers also being extraordinary in certain cirumsances such as security.

      This type of delay though is not everyday and it is probably a grey area to be fair when it comes to the legislation. I am not aware of any cases that have been fought on this to establish case law. I would go back to them and present the complete delay to them. I don’t know how long you would hvae been delayed if the second aircraft had arrived without problem and been able to get you straight back to London; however it would have to have been more than three hours after the original landing time for the airline to even consider whether a case could be made. If you remain unhappy you could try speaking to a specialist legal firm in this area such as Bott & Co, who may be able to help or you could try a small claims court action.

      In the meantime I’ve put a request in to the CAA for advice and once I receive this I will reply again.

      Sorry I can’t be clearer on this at this stage.

      Kind regards

      Bob

      • Richard Keery says:

        Thanks for the reply Bob and I look forward to hearing the view of the CAA on this. I will respond to BA with the full details as you suggest, but I would imagine this will end up as litigate or forget and frankly BA have annoyed me, a very loyal frequent flyer, to such an extent that I will probably instruct Bott & Co to have a shot at it.
        Thanks again

        • Hi there

          Having spoken with the CAA this one is not clear cut. I’ve also waded through the actual EU legislation and cannot see where this knock on delay is covered.

          My gut would be to speak to a specialist such as Bott & Co and see if they think you have a case. However remember that the original fault is clearly NOT covered for compensation under the rules.

          Prior to speaking to them it may be worth one last approach to BA, pointing out that you are a loyal flyer (I assume you are a member of Executive Club and so have a track record they can view and consider) and that you intend to take legal action unless they reconsider your claim.

          Sorry I can’t give you a definitive on this, however it looks like it may need a test case to resolve it.

          Good luck and let us know how you get on.

          Kind regards

          Bob

  118. Shirley Annies says:

    My husband and I were booked on Sri Lankan Airlines flight at 1.30pm to Singapore but on arriving at check in were told there was a problem and the flight was over subscribed so we were given £25 voucher to buy coffee etc …while it was sorted and told to go back to desk in an hour we were then told we were booked in on later flight at 8.30pm so 7hr delay so spent 10hrs at Heathrow !Are we entitled to compensation ?

    • Hi there

      As the flight departed from the UK then although Sri Lankan Airlines is not EU based your flight is covered under the EU261 rules. As you were effectively bumped from your flight due to over booking it depends whether this was your choice or not. If you chose to go later then there are no set rules as you agree compensation with the airline. If however you get bumped with no choice in the matter these are the rules;

      When it is not your choice

      If you are bumped without your agreement, you are entitled to compensation, as long as you checked-in for your flight on time.

      The level of compensation depends on the length of your flight and the timings of the alternative flight you are offered:

      For long-haul flights that cover more than 3,500km
      If the delay is less than four hours, you can claim €300
      If the delay is more than four hours, you can claim €600

      These rates are per person.

      So write to Sri Lankan and follow this link for how to do it;

      http://www.caa.co.uk/default.aspx?catid=2211&pagetype=90&pageid=15438

      Do let us know how you get on.

      Kind regards

      Bob

  119. A. Jubilado says:

    Hi there. In 2010 me and 3 other family members were on a flight to Philippines. We departed from Heathrow airport and had a stopover in Kuwait. The flight from Kuwait was delayed for 13 hours so we had to stay in a hotel overnight provided by the Kuwait airline. Do you think I will be compensated?

    • Hi there

      You can only claim delay compensation if the ticket was a through ticket i.e. London to Philippines via Kuwait where you were connecting AND if the reaon for the delay was within the airline’s control. A stopover is when you break the journey and then fly on the following days or days later with a planned hotel stay in Kuwait. A delay on the onward flight if it was a stopever would only be elgigible for compensation if the carrier had been an EU one, as in this case you were not flying from an EU airport.

      You should contact the airline wii your details and tell them you are intending to claim compensation allowing them to find the details of your booking and look at the case. The reason for the delay can be ascertained and then your claim either paid or rejected.

      Follow our advic in the article for how to do this.

      Good luck and do let us know how you get on.

      Bob

  120. David says:

    Hello,

    I had a delay of 6 hours from Barcelona to London, I decided to leave and take another flight the following day, as the landing time was going to be impossible to handle for me (~4 AM).
    I claimed, they said the situation was OK to be claimed, but not to me, becaue I was not a passanger of the flight! I haven’t read something like this anywhere, is this for real ?!

    Thanks for your help,
    BR

    • Hi there
      I am a little unclear as to the exact circumstances here however if you chose to leave the following day on a separate flight then you would not normally be entitled to claim.
      Did you receive a refund for the plane you did not fly on and then pay again for a new flight? Did the airline put you in accommodation at their expense? If you can answer this I may be able to give you a clearer answer.
      Kind regards
      Bob

  121. Billy says:

    Hi. Where can I check how long my flight was delayed for? I travelled in June 2014 to Egipt and I can remember the flight was delayed for a long time, but can’t recall how long :-)

    • Billy says:

      Flight Number P78613 From Gdansk to Hurghada on the 12th June 2014 if that helps :-)

    • Hi there

      You would need to contact the airline that you flew with. They will hold the information for your flight and its take off and landing times. You could also try the customer services contact for the airport in Hurghada.

      Once you know how long, you can apply for compensation if the delay was due to circumstances that are not classed as extraordinary as the flight departed from an EU airport. If you needed any assistance with that you would need to contact the Polish equivalent of the CAA as follows;

      Civil Aviation Office
      ul. Marcina Flisa 2
      PL – 02-247 WARSZAWA
      Tel.: +48 (22) 520 72 00
      Fax : +48 (22) 520 73 00
      http://www.ulc.gov.pl
      kancelaria@ulc.gov.pl

      Kind regards

      Bob

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