/ Travel & Leisure

How I got compensation for delayed flights…

Tap Portugal plane

Holidaymaker Adrian Thompson tells us how he turned his getaway gripe in to a delayed flight compensation conquest after challenging his airline under the Denied Boarding Regs. Here’s Adrian sharing his story:

I was booked on a TAP Portugal flight to Lisbon that was due to fly out of Newark at 19.25. However, the flight didn’t actually take off until nearly more than seven hours later at 2.40 am.

We were given two vouchers for meals at the TAP desk, but were given no explanation for the delay. We were going to miss our onward connection, so TAP staff booked us on a later flight – but this was also cancelled.

We spent hours waiting around in the airports and in queues to find out what was going on.

Denied Boarding Regulations

I wrote a letter to the airline, using a Which? template letter, pointing out the EU Denied Boarding Regulation 261/2004, and requested 600 euros compensation for my wife and I within the required 14 days.

I sent the letter recorded delivery so I had evidence that they had received it. But after a month, I’d still not heard back.

Which? stepped in after featuring my case study on This is Money and suggested that I could contact the Civil Aviation Authority (CAA) if the airline failed to respond. The team at Which? also contacted TAP Portugal on my behalf.

Persistence pays off in delayed flight compensation

And our persistence has paid off – as I’ve just heard that the airline will compensate us for the delays and missed flights.

Although nearly three months after the holiday, it just goes to show that if enough pressure is brought to bear a result can be obtained.

Which? Conversation provides guest spots to external contributors. This is from Adrian Thompson, a supporter of our Stop the Holiday Hassles campaign. All opinions expressed here are Adrian’s own, not necessarily those of Which?.

Comments
Guest
LEON says:
11 October 2014

Delay Trigger points query on this article.

We were recently delayed for nearly seven hours on an afternoon flight (Scheduled for 13.35 departure) from Europe due to fog having closed Heathrow earlier in the morning. [Trigger Point 1. Valid airline reason. No compensation due.]

Heathrow operating normally from 12.00 [Trigger Point 2.] Actual flight departure 20.15. Delay from Trigger Point 2 in excess of the Two Hour standard and therefore compensation due.

Does Trigger Point 1 give the airline a valid reason for delay throughout the day or does a new Trigger Point 2 arise when the operational restriction ceases to apply.

Guest
Robin says:
11 October 2014

We had a delay of around 8 hours in June this year whilst flying from B’ham to Dubrovnick with Monarch. An engine blew up just as we were about to leave the ground, we sat on the runway for an hour and then in the airport where we were eventually given a meal voucher each for £10. No mention of us being allowed to make calls or even info to keep us informed, just a stern keep your eyes on the monitors. We had to make calls to let others know the other end that we would be delayed etc
I made a claim to Monarch who eventually responded by email to say that there was nothing they could do until the appeal is dealt with in the Supreme Court in the case of Ronaldf Huzar v Jet2.Com. They said it would be inappropriate to assess our claim until the appeal is held. They still wouldn’t say what the problem was with the plane, but the staff on the plane we had been taken out on had been told not to say anything to passengers!

Guest

Monarch could satisfy your claim if they wanted, they just choose not to. I’ve a similar letter saying the same. Thing is, mine is not a root technical cause but an operational decision that they took to fly the aircraft elsewhere a few hours earlier! It’s a total farce.

Guest
Robin says:
29 December 2014

Further to my previous comment, our friends who came with us on the same flight have now received their compensation cheques, I have received an email telling me that they are looking into my claim and that if I persist in emailing them it will clog the system up and if I keep emailing they will have no hesitation in bringing the matter to the attention of the Judge if the matter goes to court!! Bizarre or what? Here’s a little of what they sent.

Please note that this is a further acknowledgement and should be treated as such. We would again like to make any customers aware who may consider issuing legal proceedings for reasons other than their claim becoming time barred under the Limitation Act, that if proceedings are issued we will have no hesitation in bringing this correspondence to the attention of a Judge as it reflects our efforts to communicate with customers proactively whilst working through the high volume of claims requiring action. If proceedings are issued following this acknowledgement, but prior to our full response being provided to you, please be aware that by reason of our commitment to communicate with you we will seek to recoup our legal costs which we will incur from defending such claims.

Guest

My luggage went missing on a business trip to Norway via Schiphol. I was told that the luggage would arrive that evening but it was not delivered to the hotel until the following morning.

I felt my concerns were poorly handled and complained to my travel agent, which took up my case and obtained compensation for me.

If I had been treated better I would not have complained, but companies that are unhelpful need to be taught a lesson.

Guest
Ian Black says:
19 October 2014

We had a 13 (yes, 13) hour delay on 20th September 2014 at Gatwick when the Small Planet Airbus could not start the port engine after we had been pushed back from the gate at 0555. Our flight was entirely in the EU – Gatwick to Malta, over 2000 KM.
We were all bussed back to the Terminal, and, to cut a long story short received no further accurate information until about 1700.
The plus points – we did receive 2 £6 vouchers each during the delay.
The minus points – a complete absence of Small Planet staff for most of the time, a lack of accurate information, no offers re communications etc., and 20 copies of the complaints procedure for delayed flights among 130 passengers.
I emailed the airline on 25th September – addressed to both Polish and Lithuanian offices (their website carefully omits to tell you who does what) emailed agin using their own customer feedback portal on the 28th, and wrote to them by hard copy (to both offices) on 2nd October. Guess if any of these emails and letters have been acknowledged, let alone answered? No.
So, the next stage is to contact Which, the Civil Aviation Authority (the national Enforcement Authority in the member state) and the BBC who have already reported previously on this airline.
Can you help?

Guest
Michelle says:
29 December 2014

I would be grateful for the contact details you used and an update, What a craphole of an airline I was in Malta this day waiting for the plane to get back to the Uk has anyone managed to claim successfully and if you are needing numbers to complain get in touch I’m with you.

Michelle

Guest

Tomson airways
FlightTom5513 24/07/2015 Corfu to Luton

This flight was delayed 21 hr and 35mins. I have confirmation from Thomson ( document collected at luton on return)confirming this delay. The delay was due to mechanical brackdown of their plane.I have sent two registered letters to Tomson claiming for the delay. I have received no contact from them. Can Which help me?