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Compensation for delays by airlines

South Yorkshire...
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Compensation for delays by airlines

The airlines are running out of excuses for non payment of compensation for delays since the new law came into force. Jet2 have lost a case in the High Court and have been told that faulty wiring causing the delay is NOT exceptional circumstances and they must pay. The EC previously ruled that certain mechanical failures were NOT exceptional circumstances BUT Jet2 are appealing to the Supreme Court so could still win.

I previously posted that having my case from 2010 rejected as being exceptional circumstances I went to the CAA who ruled in my favour and I got paid out by TC.

North Wales
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1. Re: Compensation for delays by airlines

You know we both have different views on this matter PEEDYC, so let's not get into that again but let's just consider the following scenario.

Jet2 lose their appeal, Mr Jet2 isn't too happy about having to pay out compo to his passengers, he's thinking "Gosh, I only made X amount of pounds on that trip, now I've got to pay out, I've actually lost a fortune on that one, I can do without too many of them" next plane is about to leave Manchester full of jolly holiday-makers off to Benidorm, when the pilot phones Mr Jet2 saying "Hey boss, the wiring in this cockpit looks a bit dodgy to me, not sure I should fly it" Mr Jet2 says "Nonsense, it's fine, off you go" while thinking to himself 'I can't afford another flippin payout, I'm making nowt as it is!' Plane takes off and.......well you can imagine the worst case scenario.

It could happen.

South Yorkshire...
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2. Re: Compensation for delays by airlines

Hi Curryisforlife,

I agree there is a possibility but would any pilot put himself in danger by ignoring a fault on an aircraft he was about to fly no matter what the boss says. I think you will find it is the pilots decision in any case. If they do fly with a fault then in my opinion they should not be in the cockpit of any aircraft. On the positive side it may make airlines pay even more attention to the maintenance of their aircraft which would be cheaper than paying compensation.

New Milton, United...
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3. Re: Compensation for delays by airlines

Hi, it is ALWAYS the pilots decision as to whether an aircraft is fit to fly, and no pilot would fly an aircraft with a fault that could endanger anyone, on pain of losing his job and being prosecuted as well. If airlines start factoring in increasing compensation claims due to delays, then it will surely only result in increases to ticket prices.

Rgds.

South Yorkshire...
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4. Re: Compensation for delays by airlines

I for one don't mind paying a decent price for an efficient service BUT it should not be me that suffers when the service is not up to scratch!!

When you get told outright lies by those people then it gets my back up. I got told that unless I provided either a boarding pass, or ticket or a copy of the invoice then they cannot trace my records. Then they asked for my Booking Reference as I did not book via an agent but online. I was messed around for over a month by TC lying to me.

Most businesses will factor in an element of the price for contingencies such as bad debts and claims etc but any business worth its salt would learn from their mistakes and become more efficient in order to minimise those payments. If you look at the number of claims Companies that are making a fortune by getting compensation for the general public nowadays I think it is a sad reflection on how inefficient a lot of businesses are that a whole industry has grown up on their backs.

Stockport, Cheshire
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5. Re: Compensation for delays by airlines

Agreed totally with PeedyC,

I've just, finally, had a payout from Monarch for a flight delay from 2010, 4 hours.

Monarch originally refused, refused again and then paid up once the CAA got involved.

However, they have refused to pay out on a 26 hour delay from Goa as the original flight was March 2008 and they are now claiming that as 6 years has lapsed then no court will take on the case. Even though it's over 2 years since I put the claim in to them, hmmm "lets delay responding, then when 6 years passes, we can't be forced to pay out"

M.

tenerife
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6. Re: Compensation for delays by airlines

lets not forget with airlines like Ryan air they charge you an extra 2.50 to insure againts this type of dely. Then when you claim the refuse you outright. Before you feel sorry for these airlines add up how many fly every day with Ryan air and times it by 2.50. They make a lot of extra money from this surcharge.

London
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7. Re: Compensation for delays by airlines

Ryan air's profits dropped significantly last year and issued two profit warnings. Believe Monarch only just back into 'the black'. Thomas Cook still not out of their dire situation. Very few airlines in the world make healthy profits. What effect compensation payouts will have is very debatable.

Nottingham, England
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8. Re: Compensation for delays by airlines

Mepmoop .... Some airlines (Thomson included) have just appealed the six year time limit rule. EU says six years, UK legislation two years. Most airlines adhered to the six year ruling but one or two refused them.

Small claims court found in favour of the claimant who was claiming after 4 years. Small claims courts don't set a precedent so Thomson have appealed to the County Court which does.

The case was heard last month & the judgement is due in the next few weeks.

We too had a 26 hour delay coming back from Goa - ours was in January 2010 so the ruling is one I am watching with interest.

This ruling is to stop airlines 'bouncing' passengers, cancelling flights etc at the customers' inconvenience & expense.

Edited: 13 June 2014, 10:57
North Wales
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9. Re: Compensation for delays by airlines

Hi PEEDYC

Yes of course it's the pilot who makes the final decision and he wouldn't fly a plane in danger.

The point I was trying to make is that if airlines are forced to make pay-outs that they can ill afford then something has to give, they'll have to cut corners. As wanderin_star said above, airlines are running close to the wall now. We already have the cheapest flights (in real terms) that we've ever had. If they get pushed too far they'll just pull the route and we'll all miss out.

In case anyone is wondering? Yes, I've been delayed many times. Did/would I claim? No, not unless I was convinced that the airline was deliberately doing something to delay me. Airlines don't want to delay a plane for 10 hours, it happens if there is a fault, it's not just to mess us about. Faulty wiring? They didn't mean it. Re-wire all their planes so it doesn't happen again? Up goes our fares. No pilot? He's just called in sick. No fuel in The Gambia? Not the airlines fault. I heard one 'lady' one day at Manchester screaming at the check-in girl to "Do something about it" What was she demanding the poor girl do something about? Fog so thick you couldn't see out of the window.

Yes there's a whole industry grown out of the claim business but the payouts don't come out of thin air, we all pay by way of increased insurance premiums or air fares. Some insurance firms won't even offer a policy to the poor sods that live in an area of high fault claims. The day isn't far away when some airlines just say "No point in this/that route, just can't make any money on it".

South Yorkshire...
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10. Re: Compensation for delays by airlines

To some extent I agree with what you say Curryisforlife BUT if the business was run more efficiently then the claims would be minimised. I was once delayed in Manchester as the aircraft we were scheduled to fly on had to be sent to Canada to fulfill a contract. We were delayed only 6 hours for TC to find two aircraft to replace the one. I was delayed for 14 hours in Banjul when the plane they replaced it with came from E Midlands only a few miles down the road from Manchester where it was due to fly from..... it doesn't make sense. To tell people to turn up to check in at 19:30 instead of 15:30 and then change it to 21:30 when the aircraft was still on the ground in Manchester is grossly inefficient and unfair. You were only told this if you booked a package. Flight only were told nothing until they turned up at the airport. TC had my mobile number as they text me the day before telling me everything was on schedule. Check in eventually opened at 23:30 so nobody got any compensation for food or drink until after that. Some people with children turned up at 15:30 and had nowhere to go. The flight took off after 07:00 the following day.

As far as I am concerned I buy a ticket and it is a binding contract. If they break it and inconvenience me why should I suffer? It doesn't seem to work the other way though. If I become ill and cannot make the flight do they give me my money back? NO! but they do try and resell my seat so they double the income at my expense. I accept that as a term of the contract and I can insure against that.

If airlines pull out because it is a non profitable route what will they do with the staff and aircraft? If there were more profitable routes available to them do you not think they would be on them now? All they will save is fuel and have NO income to pay for the running and staff costs. They cannot afford to have staff and aircraft hanging around until the European trips start.

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