airline sued for cancelled travel

[tezz7628]

just heard on bbc somebody sued airline for cancelled trip

they mentioned its a european ruling for long distance travel

programme working lunch bbc 2 thu 2 feb 06

sorry can't find any more details at moment !!

[wrpac00]

Can't find anything on either the BBC website or Sky!!!!!

[Lynnes]

Would be very interested to know more!!

[GrahamC]

So would I and good luck to them.

[tezz7628]

i couldnt find any info myself so sent an email to working lunch dept at bbc

have just received this today so thanks for replying bbc


<span style="color:teal">An airline passenger has won £840 in compensation for a cancelled Thomas Cook Airlines flight. David Harbord, a former Oxford don, and his son, had their flight from Stansted to Vancouver cancelled. He's the first person to win a case against an airline under a new european regulation which has it that airlines have to pay £420 compensation and a full refund to each passenger when a long-haul flight is cancelled.</span id="teal">

now been able to find this

http://www.euromove.org.uk/goodnews/aircompensation

http://www.timesonline.co.uk/article...020733,00.html

[floridadreamvilla.co.uk]

Up go the airfares to allow a safety margin for this I'd imagine [msnsad]

[dawn]

My thoughts too John[msnsad]

[Robert5988]

Does anyone know when a delayed flight becomes a cancelled flight?

By that I mean if a charter firm says it will take you 12 hours later, 24 hours later, 48 hours?

There was a case in the local US paper of a cruise passengers' delayed flight meant they missed the boat(literally) from Cape Canaveral and were trying to claim from the airline.

[Macka]

Robert I think that this should be quite clear cut. If a flight retains the the same flight number then it is a delay. If you end up on a new flight number, then the original flight must have been cancelled. With flight slots being so precious from the likes of Manchester Heathrow Gatwick etc, then I'd have thought that the chance of a flight being delayed until the next day would be remote, they'd just shoehorn you onto other flights.

Perhaps Mach 2 will know?

Julie?

Of course the upside might be that they make sure they get you off on time as the penalty is an incentive.

(Yes I know naive huh?)

[tezz7628]

just received another one

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New hope for air passengers as the grounded fly high in court

From The Guardian - 04/02/2006

Two legal victories by Guardian Money readers against easyJet and Thomas Cook have paved the way for air travellers to claim compensation after cancelled flights. Airlines have been fighting EU compensation rules since they were introduced in February 2005, but the cases indicate small claims courts are coming down firmly on the side of passengers.

This week, economist David Harbord took on and defeated a barrister appointed by travel giant Thomas Cook at Oxford county court. Two weeks earlier, Philip Adams and Sylvia Duffy won pounds 854 from easyJet after it failed to contest their claim in Carmarthen.

The cases are thought to be the first successful actions in the UK brought under the terms of the EU air passengers right legislation that came into force in last year (see below) and should encourage more consumers to take similar action.

Mr Harbord, who lives near Oxford, filed his claim after Thomas Cook refused to compensate him for cancelling a flight to Vancouver on August 5 last year. "My son and I checked in on time at Stansted, only to be told that the plane was actually in Manchester undertaking repairs. The company offered to bus us all up to Manchester where our onward journey would commence after a night in a hotel.

"It didn't sound good idea so I booked us on to another flight. When I got back I claimed compensation on the basis they had effectively cancelled the flight - after a struggle, the company refunded the fares I'd paid but refused the euros 600 compensation that was due on each ticket," he says.

Despite facing all the legal big guns that Thomas Cook's legal department could throw at him, the economist rebutted their arguments, believing the EU regulations were clearly on his side. He was awarded pounds 840 plus pounds 80 costs.

While the judge found in his favour, he also gave Thomas Cook leave to appeal, and the company has 14 days to decide whether it will.

A Thomas Cook spokesman said the company is "currently considering its options".

"We argued that the flight was not cancelled but was delayed for technical reasons beyond our control. We didn't abandon our customers - we bussed them to the plane and put them up in a hotel while it was being repaired."

While Mr Harbord is still waiting to receive his money, Philip Adams and Sylvia Duffy of Ferryside, Carmarthen already have theirs. The pair, who regularly travel to Italy, were due to fly from Rome to Bristol when their easyJet flight was cancelled - coincidentally, this was also on August 5 last year.

Instead they were offered a flight to Newcastle, but told by easyJet they would have to pay for the connecting flight back to Bristol. "The airport was in chaos, not least because this was the second day that easyJet had cancelled the flight. One young woman had been waiting 30 hours, and there was a family with eight children, not knowing what to do," says Philip.

When they eventually arrived home and complained, they were offered the cost of their original tickets (pounds 62.48 each) minus pounds 5, but denied the compensation set out in the regulations. Philip filed a claim with his local small claims court. "Prior to the case easyJet rang me with a view to settling it out of court. I rang back and left a message but didn't hear anything. Last week I heard that it had been uncontested - and we had effectively won." The pair claimed a total of pounds 854 - including the cost of the initial tickets, the extra flights, a taxi ride and compensation of euros 400 per ticket.

"easyJet refused to own up to their responsibilities, which was why I wanted to take it to court. We were quite lucky in that we got back home - some of the other people due to fly back that day will have endured a nightmare. Looking back, we should have all swapped phone numbers and fought together: I suspect that most will have let the matter drop, unaware they are entitled to compensatio