V-Flyer

Hi guys, can anyone guide me into the direction of a good website to claim for eu261. Tried going direct with the airline but no luck. Thanks

Try this website http://www.air-passenger-rights.co.uk

There is a contact for a solicitor on there.

There really is no need to go to a 3rd party for an EU261 claim - especially now the Jet2 case has been resolved which has removed a lot of the previous rejection reasons. They will only ask you for the same info that you would give the airline anyway and take a goodly share of the compensation.

If you really feel you have a case then using Money Claim On Line is the way to go and if you win you get your costs back too.

Tell us what happened and what you've done already and we'll try and advise (and save you some money)

BUT remember in certain cases airlines don't have to pay and having a 3rd party, even a solicitor, put the claim in won't change that.

Thanks guys, it was a 5 hour delay due to a hydraulic leak, I don't think this qualifies for 'extreme circumstances'. Emailed them not threatening eu261 just yet as I thought they might be nice but all I got was an email saying sorry basically. Not far into ATM as you can probably tell but I basically missed a night that we paid for and it was fairly expensive. I appreciate the help

Is this VS or another airline?

There are two issues - the delay and the lost hotel night. The news is better on the former than the latter.

The Delay

I'd write back and state that following the Jet2 v Huzar ruling by the UK Supreme Court you believe that the delay was not exceptional and that you require them to pay you the requisite compensation as laid down in EU261/2004.

This ruling basically said that it really has to be an exceptional circumstance to avoid paying - wing falling off type exceptional.

IF they write back saying 'no' then you write back re-stating the above and that if they don't pay you in 14 days you will initiate a claim via Money Claim On Line(*) which will mean they incur additional costs.

If after that 14 day period have elapsed and they still haven't coughed up you then initiate the MCOL claim. There is a fee to lodge a claim and then a fee if there is a hearing (both depend on the total value of the claim but is still very reasonable) but these are refunded when you win. You will have evidence that you have been reasonable in giving them a chance to comply by the 3 letters you have sent (these 2 plus your original one) so your costs will almost certainly be refunded.

(*) despite it's rather dodgy sounding name it is in effect the old Small Claims Court and most of it is done on-line.

If you want to see some standard letters have a look at the money website run my Martyn Lewis

The Hotel

Unfortunately this counts as a consequential loss and is not covered by EU261 and nor will the airline (whoever it is) will cover it.

So you should try and claim off your travel insurance. You should also check what their pay-out is for a delay - the better the policy the less time but most will be nothing unless its more than at least 4 hours and some policies a lot longer. Also if you paid with a credit card they may cover some of the costs.


Hope this helps

Thanks tontybear that's really helpful, I'll be taking this further now I have the information I needed, and luckily it wasn't VS I won't mention the name but it's a UK based airline that paints it's planes blue haha Thanks again tontybear and bretty.

Sorry to 'piggyback' on this tread but I submitted two claims, using the forms downloaded from the VS website, on the 13th October. The forms and website stated that VS would acknowledge receipt within 14 days (form) or 28 days (website). Nothing heard so chased with an email to CS on the 17th November. Received the standard auto reply but nothing else. Not sure if I should just keep waiting or escalate as outlined in previous posts. Any ideas? Thanks

Mac wrote:Sorry to 'piggyback' on this tread but I submitted two claims, using the forms downloaded from the VS website, on the 13th October. The forms and website stated that VS would acknowledge receipt within 14 days (form) or 28 days (website). Nothing heard so chased with an email to CS on the 17th November. Received the standard auto reply but nothing else. Not sure if I should just keep waiting or escalate as outlined in previous posts. Any ideas? Thanks

Give Facebook a go. Usually stimulates action.

clarkeysntfc wrote:

Mac wrote:Sorry to 'piggyback' on this tread but I submitted two claims, using the forms downloaded from the VS website, on the 13th October. The forms and website stated that VS would acknowledge receipt within 14 days (form) or 28 days (website). Nothing heard so chased with an email to CS on the 17th November. Received the standard auto reply but nothing else. Not sure if I should just keep waiting or escalate as outlined in previous posts. Any ideas? Thanks

Give Facebook a go. Usually stimulates action.

Thanks will give it a go.

Got a reply within the hour, thanks for the tip.

Try http://www.moneysavingexpert.com/travel ... ys#stepOne there's great advise there, good luck

Thanks taffytorchy for the link, some really good stuff found there.

Well asking on Facebook worked had the response this morning. Rejected on medical grounds number 16, Passengers or crew member becomes seriously ill or dies on board at short notice - before the flight. With a rider of 'Which is part of the 'extraordinary circumstances' criteria because unexpected crew sickness at an outstation is extraordinary, unavoidable and outside of our control' .
Extra explanation, in your particular case the first officer due to operate the flight was taken ill prior to the flight's departure in Orlando. The only option to minimise delay was to position a replacement first officer over from Miami. However, once arrived in Orlando he was legally required to take minimum rest to enable the flight to operate safely.
Seems plausible reasoning? Is it worth responding as per Tontybears advise? Any thoughts welcomed.

That does sound like extraordinary circumstances to me so no compensation is due in this case.

People do get sick and VS can't be expected to have spare pilots all over the world (would be different at LHR and LGW though)

Thanks Tontybear, that's what I think. Not much else VS could do in the circumstances so end of story. The advice is appreciated.

Wanted to add my own experience of this for the benefit of others.

I was on a delayed flight LHR - LAX in 2011. I heard about EU261 over xmas, and filled in and sent off the compensation claim forms (4 of us) on the 2nd Jan. This morning I got a response back from with 4 cheques for £458 each.

I was expecting a lot of messing about, so it was a real surprise to get them so soon.

V.

Have a look at Martins Money Tips http://www.moneysavingexpert.com/travel/flight-delays