Compensation for delayed flights Discussion Area

NoviceAngel · 23 September 2015 at 1:19PM

Twinkle_41 wrote: »

Hello,
I'm new to the forum and wanted to ask some advice.
A colleague and I were sent for training by our employer.
Work paid for the initial flights, however when we turned up to check in for our return flight, we were told by easy jet that our flight was cancelled.
As we were the travellers, and therefore the people inconvenienced, are we entitled to claim cancellation compensation?
If we are and the claim is successful - will any compensation due be paid to us, or refunded to a company credit card?
thanks

It's the passenger that is entitled to compensation under EC261 not the person paying for the ticket, start by reading Vaubans guide, all your answers are within.

DrA_Harrogate · 23 September 2015 at 1:24PM

A new and interesting wrinkle! Whilst the advice is indubitably correct I think an employer would be justified in requesting that the complainant refund their credit card bill from the compensation, unless this sum paid paid for the flight eventually taken.

NoviceAngel · 23 September 2015 at 1:29PM

DrA_Harrogate wrote: »

A new and interesting wrinkle! Whilst the advice is indubitably correct I think an employer would be justified in requesting that the complainant refund their credit card bill from the compensation, unless this sum paid paid for the flight eventually taken.

Depends on who suffers as a result of the flight delay, the law is clear, it's a moral judgement from that point on....

Vauban · 23 September 2015 at 1:47PM

I wonder if the law is all that clear? Because whilst it is the passenger who gets the compensation, the purpose of the regulation is to compensate for lost time. If the time lost is the company's (I've the employee is being paid for the time spent travelling) then I wonder if the company would have a case? In any case, not worth damaging an employer relationship for, is my advice.

casinojo1 · 23 September 2015 at 2:03PM

A 1-hour delay to our Heathrow-Madrid flight (BA) led to us missing our Madrid-Almeria flight (the last one of the day). We were accommodated and got a flight early the next day to complete our journey - are we entitled to compensation?

Caz3121 · 23 September 2015 at 2:25PM

casinojo1 wrote: »

are we entitled to compensation?

it depends on what caused the 1 hour delay - have a read of Vauban's guide then post on the BA thread if you have further questions

JPears · 23 September 2015 at 4:38PM

Vauban wrote: »

I wonder if the law is all that clear? Because whilst it is the passenger who gets the compensation, the purpose of the regulation is to compensate for lost time. If the time lost is the company's (I've the employee is being paid for the time spent travelling) then I wonder if the company would have a case? In any case, not worth damaging an employer relationship for, is my advice.

I wonder if that is the sole purpose of the regulation?
I feel that part of its aim is punative on the airlines in a crude effort to coerce them into better business practices?

casinojo1 · 23 September 2015 at 5:33PM

Thanks I will - does anyone have a working link? I think the hour-long delay was probably one that should be compensateable I just wonder about the principle of a short delay turning into a longer delay because of a missed connection? A further complication is that the flights were purchased via skyskanner/gotogate and we realised on the way back that the connections were pretty tight anyway as Madrid Airport is huge but I presume the sale of the ticket is an acknowledgement that this is a legitimate route? The first flight was with BA and the second Iberia. We missed the last flight to Almeria and stayed in a hotel and flew on the following morning but I would think the delay and inconvenience caused by the late arrival is a legitimate claim? Thanks in advance, this is a really useful forum!

Vauban · 23 September 2015 at 5:37PM

JPears wrote: »

I wonder if that is the sole purpose of the regulation?
I feel that part of its aim is punative on the airlines in a crude effort to coerce them into better business practices?

I agree with you JP that that was the designed purpose of the Regulation, to give the airlines a punitive incentive to improve their punctuality. But the principle behind the compensation is that it is lost time you are being paid for. As the Sturgeon Judgement said:

Regulation No 261/2004 has, in those measures, the objective of repairing, inter alia, damage consisting, for the passengers concerned, in a loss of time which, given that it is irreversible, can be redressed only by compensation.

NoviceAngel · 23 September 2015 at 6:12PM

That also brings about questions, who's time is being compensated for, if one is sent on a business trip and is just over three hours late returning to the office, is it right that the employer does not receive the compensation.

I would say YES, the employee is ultimately the person that has suffered loss, yes I know employer suffers too, but hey life isn't fair!

This is the time I should mention all those speeding tickets gained at the behest of my employer, giving me an hour to do a 90 min journey, somehow I can't see my employer paying my speeding fines.

Life ain't always fair, and rules can become over complicated the more you try and clarify them, back on the subject, employee delayed, employee gets compo and sorts it with employer so everyone happy.

Compensation for delayed flights Discussion Area

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