Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Airline complaint - can you help please?

11 replies

JauntyHat · 15/10/2013 13:39

Hi

We flew longhaul a few months ago, and out flight was over 4 hours late on arrival.

The airline gave us, just before departure, letters saying that, as it was leaving an EU airport (LHR), we may be due compensation.

We wrote them a letter with the details as directed. They have (many weeks later) now responded saying that, as it was an 'extraordinary circumstance', they will not be compensating, but will give us a very small amount as a good will gesture.

The wording of their letter is clearly taken directly from the legislation that determines what an 'extraordinary circumstance' is; much of their explanation is directly lifted. However, they don't actually say what the faulty part is.

How should I go about questioning this? Various forums etc. advise that airlines will always try to get off with 'extraordinary circumstances'. How do I know if this really was the case or they are simply trying to get away without paying?

Thanks

OP posts:
WestieMamma · 15/10/2013 21:12

I saw a report on this on TV just a few days ago. Apparently they use 'extraordinary circumstances' to try and get out of paying when they are legally obliged to do so. It said the law and courts have been quite clear on this that 'extraordinary circumstances' does not cover regular mechanical type faults or other delays which should be anticipated and planned for as part of the normal course of running an airline. It only covers things which there would be no way of anticipating, such as Icelandic volcanoes. The programme also said that when people refuse to back down and take them to court they nearly always cough up before getting to court, once they know the game is up.

So basically it depends on the reason for the delay. What reason did they give at time?

JauntyHat · 16/10/2013 00:23

A 'mechanical fault' of an 'on condition', not 'life limited' item with a defect that was 'unexpected and unpredictable'

Whatever that may mean.

Thank you

OP posts:
MidniteScribbler · 16/10/2013 07:33

I'd rather wait four hours and have a plane in good order than try and get some ridiculous compensation. Four hours FFS! What's the big deal?

WestieMamma · 16/10/2013 07:49

Sounds like BS designed to bamboozle you in to backing down.

This explains how to go about claiming what you are entitled to.

MsGee · 16/10/2013 07:55

I'd contact the Civil Aviation Authority. However it might fall under the jurisdiction of another country depending on airline and where you departed from (I don't know for sure though).

JauntyHat · 16/10/2013 10:57

Midnite - are you trying to be helpful or rude?

4 hours (actually almost 5) is quite a big deal when you have a 13 hour flight, a baby and a toddler, and an airport that serves no food or drink after 10pm. Go and get stuck in in AIBU.

OP posts:
JauntyHat · 16/10/2013 10:58

To the others, thank you :)

OP posts:
mycatlikestwiglets · 16/10/2013 16:24

It may be worth checking the Watchdog website - they featured this in the programme just last week so there should be some info there.

kelly14 · 16/10/2013 21:57

this martin lewis site tells you everything you need to know, how much you would be entilited to and what is a claimable reason and not.

www.moneysavingexpert.com/travel/flight-delays#whatcounts

kelly14 · 16/10/2013 21:57

this martin lewis site tells you everything you need to know, how much you would be entilited to and what is a claimable reason and not.

www.moneysavingexpert.com/travel/flight-delays#whatcounts

JauntyHat · 16/10/2013 23:48

Thank you

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread