Thread: Flight Cancellation - Successful Claim for Compensation

To fellow passengers,

I'm sure some of you are here looking for advice on how to claim compensation for a flight cancellation. Details of entitlements under EU Regulation 261/2004 are contained elsewhere in this forum and at the Flightmole website but here is a brief summary of my experience earlier this year.

My flight from Paris to the Southampton was cancelled approximately 1 hour after the scheduled departure time. The airline said it would re-book me onto the next flight which was 9 hours later. I asked to be re-booked onto an alternative flight to a different airport and transported to my original destination on arrival as per the EU Regulation (doing this got me to my destination earlier than the flight 9 hours later so was a valid routeing). So I was flown to Heathrow along with several of the other passengers from my cancelled flight and we were put in a taxi to Southampton, eventually arriving 6 hours later than the original flight arrival time. Under EU 261/2004, this delay attracts a fixed compensation amount of 250Euros.

I wrote to the airline requesting this sum - the reply I received claimed that the cancellation was due to extraordinary circumstances and therefore, did not attract compensation (they offer me a flight voucher of lesser value as a gesture of goodwill). I wrote two more letters, requesting further details of the reason for the cancellation (technical fault with the aircraft) and proof the this fault was exceptional , reminding the airline it was for them to prove this.

After another reply continuing to deny compensation, I gave them 28 days notice of Civil Court action. I wrote to give them a further notice period after the original 28 days and after receiving no reply, filed a claim against them through Her Majesty's Court Service online claim website (Money Claim online). This cost me £25 and my claim was for 250Euros converted to ££'s + the court fee of £25.

The airline acknowledged receipt of the claim and then had 28 days to file its defence - it filed this on the 27th day and my local court wrote to me to confirm the case would be heard locally. The airline's defense did not contain much additional information regarding the technical fault, merely giving slightly more information on what was actually wrong with the aircraft, claiming that this was a flight safety shortcoming and therefore an exceptional circumstance

As I prepared my case (using much of the information available on the Flightmole website), I received a letter 1 week later from the airline, stating how their legal position was very strong and that on past experience, the Court would most probably rule in their favour. However, as the sum involved did not make it economically viable to defend it Court, they would pay me the compensation I'd requested, plus the court fee as a gesture of goodwill and still denying liability.

So, case closed......it took nearly 6 months to resolve the issue but through careful research and a reluctance to give up on principle, I received the compensation to which I was legally entitled (money has now gone to charity).

You can get the compensation you're entitled to but you need to persevere.....

-Mikee-

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