DUS

Hi,

I´ve got a short question regarding a (potential) compensation claim based on rule EU**** against TG.

I was booked on TG911 from LHR - BKK on 11 Sep. Inbound flight was delayed (no official reason given) and resulted in a departure and arrival delay of something between 9 and 10 hours.

I have sent a couple of emails to TG customer service in the UK as well as a TG manager who had gotten in touch with us F pax in the morning to inform us about the delay. Unfortunately but not unexpectedly no responses from TG at all.

My question to you: Do you have some recent experience with TG´s handling of such comp claims? Will they just keep on ignoring emails and potentially letters "for ever" so that I should just go ahead now and raise the claim via one of those "agencies" like EUclaim etc? If the latter, any recommendations as to which of those "agencies" is the most effective one in dealing with these matters?

Thank you!

DUS

Thaikwai

I ran the details provided above through the estimator at www.flight-delayed.co.uk and it would appear that, if your flight delay meets the criteria, you are entitled to €600 compensation from Thai Airways.

I would go straight to submit a formal complaint as Thai will just continue to ignore you in the hope that you will just give up!

DUS

With "formal complaint" you mean going through these "agencies" like EUclaim?

SK AAR

No, file a claim yourself with the UK CAA (or whatever body is in charge for dealing with complaints from pax). No reason to pay 25% of what is owed to you for something that is easy to do yourself. I'm confident that with Google you will quickly find out how to file the complaint in the UK.

DUS

Cheers!

brunos

I think that you will find a lot of information on how to approach it in the BA forum.
Luckily, the UK has these convenient Small Claims courts.
My suggestion would be to write a letter to the UK TG office, possibly SignedFor, where your state precisely your EU 261 claim and request for 600EUR compensation. State that without a satisfactory response within two weeks you will enter a small court claim.
Again, check the BA forum.

Kacee

The UK CAA does not have authority to enforce a passenger compensation claim under EU261. In general, complaining to the european national enforcement bodies is a worthless exercise.

DUS

Thank you!

cmdsea

Step 1) Submit EU261 claim is very easy and simple

Step 2) Get EU261 judgment in your favour

Step 3) Submit a UK small claims court online claim (referring to the EU 261 judgement) is easy and simple.

Worked a treat with my delayed departure claim against UA. All done online and they rolled over like a pussycat and promptly paid up as soon as they get the small claims summons...

andyptrav

TG910 the inbound flight 11 Sep was delayed because of a technical issue at Bangkok and arrived in London at 19.30 having departed BKK 12 hours late. I think there is some wriggle room for tech issues regarding EU261 but Google it because I recall that precedents have been made.

Even worse though, the crew on TG910 are used for TG911 the next day and because of minimum rest hours it was not possible for them to depart at the schedule time of 12.30pm so TG911 did not depart until 7pm. Shortage of crew is definitely no defence regarding EU261 so this could cost THAI about 500 x 600 Euro or roughly £200,000 in claims.

But, the TG management should/would have been aware of the consequences of the delay of TG910 11 Sep and had 12 hours to scramble a crew to send out on that flight. Furthermore following the failure to do so the management then had a further 12 hours to send a crew out on TG910 12 September. I am not aware of crew being timed out for travelling as passengers.

The delay on the OP's flight is unfortunate but the delay the following day was down to inept management and will cost TG dearly.

DUS
email [email protected] and I think they will respond.

SK AAR

No need to Google. EC Reg. 261/04 does not apply to the inbound TG flight as TG is not an EU carrier. For non-EU carriers only flights ex Europe are covered by Reg. 261/04.

I agree that for the return flight to BKK, EC Reg. 261/04 is applicable and compensation for delay is due.

brunos

The OP only stated that the delay was caused by a late arrival of the inbound aircraft. He is not seeking compensation for the flight which he does not use, only for his/her LHR-BKK flight.

SK AAR

I know. I was responding to andyptrav who was in doubt whether pax on the incoming TG 910 would be entitled to comp. according to Reg. 261/04.

In my view there is no doubt that the OP on TG911 is entitled to comp.

brunos

I don't think that andyptrav ever questioned whether incoming pax on TG910 are entitled to EU compensation; we all know they are not.
His suggestion was to check whether technical problems on an incoming aircraft, which caused the delay of the outgoing flight, would qualify as extraordinary circumstances for EU261. I am not familiar with the jurisprudence on this.

Kacee

It doesn't qualify. The court decisions have generally rejected the airlines' attempts to deny compensation by citing ordinary mx as extraordinary circumstances.

The law is very pro-pax, the problem is enforcement, as the various national bodies don't have enforcement powers. You have to bring a private claim.