Flight delay compensation, US and Canadian Airlines
Comments
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Alan_Bowen wrote: »I fear the solicitor knows little or nothing about EU261, most of them don't as it is frankly not commercially viable to take on one case a year. In this case there is a real danger that the solicitors costs are going to outweigh any successful claim.
I am in Northern Ireland and I can't seem to find a legal person who has any experience in dealing with this. I am about to part ways with the solicitor, as I fear it is pointless
It just makes me angry that I have completed all the paperwork and fought this myself right up to serving notice and now United are just ignoring us..
:mad::mad::mad:0 -
buffer2212 wrote: »I am in Northern Ireland and I can't seem to find a legal person who has any experience in dealing with this. I am about to part ways with the solicitor, as I fear it is pointless
It just makes me angry that I have completed all the paperwork and fought this myself right up to serving notice and now United are just ignoring us..
:mad::mad::mad:
Hi buffer2212,
Reading back through your previous posts I can see you have had a frustrating time with United.
As you know, the CAA believe that the regs intended the delay time to be the arrival at the final destination. As a result they are attempting to enforce this with another airline.
If I were you I would sit back and relax for a while until the CAA get a result, one way or the other. You don't really need a solicitor to deal with this for you.
If the CAA interpretation is ultimately found to be correct your case will become much easier to enforce. You have 6 years from the time of your delay to start enforcement so no great rush just yet.
I also noted that we all missed an out and out lie by United in one of their replies to you when they said...
If I may refer you to the text of the Regulation, Article 6.1.c states that compensation is applicable to delays of 4 hours or more for all flights over 3,500 km, not including connecting flights.
The following is a copy and paste from the regulation and this is what it says. The words 'not including connecting flight' do not appear!
Article 6
Delay
1.
to be delayed beyond its scheduled time of departure:
When an operating air carrier reasonably expects a flight
(a) for two hours or more in the case of flights of 1 500 kilo- metres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1 500 kilometres and of all other flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).
You really cannot trust what the airlines tell you when they are doing everything in their power to avoid paying you compensation.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.0
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patchwork_cat wrote: »Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.
Yes, you do now have to pay a subscription fee to use Flight Stats. It only gives times tho, not reasons for delays.
Here is something you could try.
If your daughters flight arrived at Toronto over 4 hours late she could put in a request for EC261 compensation of €600. If it was under 4 hours late, but over 3 hours, it would be €300.
Don't bother mentioning the connecting flight, keep it simple and see how it goes.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
patchwork_cat wrote: »Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.
Flightstats shows the scheduled and actual timings (unless there has been a change it did not show the reason)
If you want a quick check on whether compensation is due or not, put the Manchester to Toronto details into a couple of the NWNF sites that offer a free check - EUClaim, bottonline0 -
Tyzap I am inclined to agree . That would only be 300 Euro, but there is wriggle room for them for the 600 Euro, I would hate her to miss compensation on a technicality. Morally after that journey they should be paying her a fortune, poor thing, but...0
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Hi, i'm hoping some kind soul will be able to provide some advice on our situation as it appears quite complicated in terms of having 3 airlines involved.
I have read Vauban's guide and i'm sure i'm entitled but not sure who from and how much, i will try and reduce it to the bare facts.
1)We booked flights through BA from Manchester to Orlando via JFK and were scheduled to fly Sunday at 10am with AA. At 3 am we received a call and email from AA stating flight cancelled due to maintenance issues and they rearranged flight for next day. whilst awaiting re-routed flight (below) we watched the supposed cancelled plane take off after calling for the last passengers.
2)Unhappy with delay contacted BA who cancelled rerouted flight and booked Manchester to Dublin - Orlando for similar times to original with Aer Lingus. Flew to Dublin fine though Orlando flight delayed for 6 hours then cancelled due to problem with tail fin. Aer Lingus transferred us to hotel for night.
3) contacted BA as Aer Lingus uncontactable, no flights to
Orlando for 2 days with only option being BA flight Dublin - Heathrow - Miami and then drive. We accepted this and flew Dublin to Heathrow 0730 Monday am, Heathrow to miami in the afternoon.
4) Landed in Miami 8pm Monday (original flight would have been in Orlando 7pm Sunday). collected car and drove to orlando arriving at hotel at midnight.
I believe i can request compensation for the original cancelled AA flight from AA.
Can i request compensation for the cancelled Aer Lingus flight and is this through AA or Aer Lingus?
As the BA flight landed the day after the original flight should have can i also claim for this and who from???
As a result of this situation we also lost;
We stayed in an airport hotel which we didn't need to do £110
The use of the airport lounge as it was in a different terminal to the rerouted flight £90.
Taxi fare from hotel to Dublin airport following cancelled Aer Lingus flight £70
1 Day at the Disney Parks.
Data pack to enable sat nav on mobile phone to get from Miami to Orlando £20.
Petrol Miami to Orlando £25
Can any of these items be claimed back as i cant see this referred to in the posts??
Many thanks for any advice provided. :-)0 -
Hi, i'm hoping some kind soul will be able to provide some advice on our situation as it appears quite complicated in terms of having 3 airlines involved.
I have read Vauban's guide and i'm sure i'm entitled but not sure who from and how much, i will try and reduce it to the bare facts.
1)We booked flights through BA from Manchester to Orlando via JFK and were scheduled to fly Sunday at 10am with AA. At 3 am we received a call and email from AA stating flight cancelled due to maintenance issues and they rearranged flight for next day. whilst awaiting re-routed flight (below) we watched the supposed cancelled plane take off after calling for the last passengers.
2)Unhappy with delay contacted BA who cancelled rerouted flight and booked Manchester to Dublin - Orlando for similar times to original with Aer Lingus. Flew to Dublin fine though Orlando flight delayed for 6 hours then cancelled due to problem with tail fin. Aer Lingus transferred us to hotel for night.
3) contacted BA as Aer Lingus uncontactable, no flights to
Orlando for 2 days with only option being BA flight Dublin - Heathrow - Miami and then drive. We accepted this and flew Dublin to Heathrow 0730 Monday am, Heathrow to miami in the afternoon.
4) Landed in Miami 8pm Monday (original flight would have been in Orlando 7pm Sunday). collected car and drove to orlando arriving at hotel at midnight.
I believe i can request compensation for the original cancelled AA flight from AA.
Can i request compensation for the cancelled Aer Lingus flight and is this through AA or Aer Lingus?
As the BA flight landed the day after the original flight should have can i also claim for this and who from???
As a result of this situation we also lost;
We stayed in an airport hotel which we didn't need to do £110
The use of the airport lounge as it was in a different terminal to the rerouted flight £90.
Taxi fare from hotel to Dublin airport following cancelled Aer Lingus flight £70
1 Day at the Disney Parks.
Data pack to enable sat nav on mobile phone to get from Miami to Orlando £20.
Petrol Miami to Orlando £25
Can any of these items be claimed back as i cant see this referred to in the posts??
Many thanks for any advice provided. :-)
Hi Meeka,
Thats quite an endurance trial you have been through.
Each of the operating carriers that let you down are liable, so, you booked through BA but the operating carrier was AA, claim from them for EC261 compensation. AA have been treating their Manchester passengers appallingly this summer and are in the process of running the service down prior to closing the route. Your flight will have been downgraded from a wide body 767 to a single isle 757 in all probability, thus some unlucky passengers had to be off loaded.
You should then claim EC261 compensation from EI too. When you do don't bother mentioning the the whole story, just keep it to a straightforward simple claim.
Who is liable for your expenses, incurred after your arrival at Miami, is debatable but probably with BA as they re routed you and would have know that you would incur further costs en route. The only cost you may not be able to claim back from BA are the Disney tickets, but try anyway. If you fail try going via your insurance.
There is a chance that BA 'MAY' sort the whole thing out in one go (minus the EI compensation claim I would imagine) as they are very entangled in this, so try phoning them first and see how receptive they are.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
Hi Tyzap,
Many, many thanks for the reply that's really helpful as i wasn't sure if AA would be liable for the re-routed flight cancellation as well. I will try ringing BA first along with the claim to Aer Lingus and see where we go from there. BA customer services answer message is saying to expect delays due to the backlog with the IT cancellations they had recently so this may be a drawn out process.
Anyway thanks again it's appreciated.
Meeka.0 -
Could anyone give me advice? I flew from UK to New York via Brussels and outgoing flights were Brussels airline, but coming back was American Airlines from NY to Brussels then it was supposed to be Brussels Airline from Brussels to UK but the NY>UK flight was delayed by I think just over an hour due to 'waiting for the catering crew', and as a result I missed my connecting flight meaning I had to fly back via Germany adding around 6 hours to my journey.
Is there any way to get any compensation for this? The guide suggests as it wasn't an EU airline flying to the EU, I can't, but it's not the 1hr delay of the original flight that is the problem it's the fact it then took 6 hours to get home...0
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