14 Mar 2019

A question about : Flight delay compensation, US and Canadian Airlines

MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.

Best answers:

  • It sticks in my throat a bit that because I was travelling with American Airlines when the ash cloud fiasco hit, I'm unable to get any compensation despite being a UK citizen flying from and to a UK airport!
    My flight was delayed for 9 days, so not only did I have to find and pay for my own accommodation and food but I also lost another 5 days of my holiday entitlement through work because I couldn't get back!
    Why doesn't compensation extend to ALL EU citizens regardless of the airline used, the tickets were after all purchased in the UK.
    Do you know if I'm able to claim anything back from the credit card I used to buy the tickets on?
  • I would like to claim for a Continental flight to NY from London that was delayed in 2009 for 5.5 hours. The airline claimed a part had to be taken from Gatwick to Heathrow to fix the PA system. But we found out later the braking system was faulty!
    Should I claim by email or post? There is only a standard complaints form on the website so to send documents I will have to post to their head office in Houston.
  • I'm claiming for a flight last year with United, have written to customer services in Chicago. Will give it a couple of weeks then email my complaint as well.
  • I have sent off a claim letter for a flight with Air Transat from Gatwick to Toronto in July 2011 which was delayed by more than 4 hours. It's been more than four weeks now and I haven't had a reply at all - can someone advise me on best next step to take? Thank you.
  • My partner and I were delayed for 3.5 hours on a Delta Airlines flight from London Heathrow to Boston. In the UK KLM deals with Delta Airlines' customer service so I send my request for compensation to them.
    Initially, they rejected our claim but after I pointed out the European Union in Tui & others v CAA case they agreed to award each of us €600. However, literally less than an hour later they rescinded their offer by stating that the delay was due to "extraordinary circumstances". The reason that they gave was that the crew hadn't had their required number of hours of rest because there was a power failure at the hotel. Can this be considered extraordinary circumstances?
    The CAA has tried to contact KLM but KLM has simply stated that they are referring the case onto Delta who have so far refused to respond to the CAA. What other options do we have?
    Many thanks.
  • Claim is against the airline so all communication should be to Delta. Have a look at the FAQs and prepare to issue LBA
  • I have tried to claim from US AIrways for a flight that was cancelled in June '12 (got on plane, then told to get off after 3 hours waiting), rescheduled flight was 24 hours later, this was Manchester to Philidelphia.
    I twice emailed there customer services team, they denied the validity of the claim and offered a $600 voucher, then the second time a $800 voucher (to be used within a year - no good to us).
    The problem was a faulty fuel gauge apparently.
    I have now written to the CAA (yesterday), so I'll have to wait and see what they will come back with.
    I'm more than prepared to take it to the small claims court.
  • Thank you Blondmark and Caz3121.
    I want to make sure that I understand correctly what my course of action should be. Since the CAA has already written to Delta twice on my behalf and each time given them 28 days to respond I should therefore move straight to sending Delta a Letter Before Action? (ie. there is no need to send the initial letter as set out in the FAQs)? Should I include details of the correspondence from the CAA in my LBA?
    Unfortunately, Delta Airlines does not have offices in the UK. Their customer service centre is based in France. Am I correct then that I should use the link to the European Small Claims Court procedure given in the FAQs?
    Finally, is there a precedent in any of the judgements so far where the judge has ruled that crew reaching their maximum working hours/lack of crew rest cannot be considered 'extraordinary circumstances'?
    Thank you again for your advice.
  • A google search brings up this address
    Delta Airlines Inc
    PO Box 24454
    London
    W5 3FH
  • Hi there - I sent a claim to Air Transat (c/o Canadian Affair) for a flight from Gatwick to Toronto which was delayed by over 4 hours. Had a response today from Canadian Affair which says that Air Transat "have explained that the delay was the result of a medical emergency on the inbound flight, which had to be diverted to Quebec to arrange urgent medical treatment. As this is an "extraordinary circumstance" outwith the airline's control, there is no entitlement to compensation on this occasion".
    Just want to make sure this is indeed an extraordinary circumstance? The medical emergency was not on our flight, but on the flight coming in to Gatwick due earlier that day (i.e. the plane which we would travel on later).
  • Just had an email through from United Airlines, they are giving myself and my partner 300Ђ compensation each for our delayed Edinburgh-new York flight. They also offered us $1000 flight voucher instead.
  • Thanks Blondmark. I emailed again citing the cases you quoted, but they have denied they need to give us any compensation. So have today referred to the CAA by filling out the form on the website. Any idea how long it will be before they respond?
  • The last post by a poster stated that the CAA are taking 18 weeks to answer.
    IMO you should file a court claim now after giving them the statutory 14 days notice before action. You have reached impasse.
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