Flight delay compensation, all other non-EU airlines

austin9658 wrote: »

I have checked mine at Tripmole, But I want to be sure about if I am getting right information or not. Thanks!

Tripmole is just another NWNF and as such, generally as a Money Saving site people are encouraged to 'go it alone' on this forum however agree that rather than give way better to get a fair proportion of your due compensation rather than walk away.


Just ensure you vet your NWNF before you appoint by checking their terms and conditions.

Yamor wrote: »

Hi, does anyone know if I'm entitled to the EU compensation rules if the second leg of my flight is cancelled, but only my original departure airport is in the EU? Thanks.

Assuming you are talking about a non-EU aiirline and a flight wholly outside the EU...the regulations are not crystal clear and I have not seen any reported success (but not sure if many take it forward after the initial rejection letter)

one school of thought says...delay wholly outside EU on non-EU carrier so no compensation

other view is that since it is part of a journey that it will count for compensation

I don't believe the NWNF companies will take these cases on (so their thinking must either be with the first option or not be prepared to spend the resources fighting to see if they can win on the second)

It may take someone to make a court case themselves and get in front of a judge for clarity

This has been discussed many times on these boards and the only thing that is clear is that the regulations can be unclear

Caz3121 wrote: »

Assuming you are talking about a non-EU aiirline and a flight wholly outside the EU...the regulations are not crystal clear and I have not seen any reported success (but not sure if many take it forward after the initial rejection letter)

one school of thought says...delay wholly outside EU on non-EU carrier so no compensation

other view is that since it is part of a journey that it will count for compensation

I don't believe the NWNF companies will take these cases on (so their thinking must either be with the first option or not be prepared to spend the resources fighting to see if they can win on the second)

It may take someone to make a court case themselves and get in front of a judge for clarity

This has been discussed many times on these boards and the only thing that is clear is that the regulations can be unclear

I think that's a very fair summary. The only points I'd add are that the ECJ looked at this in the Folkerts case (you can google it). That case related to a short (sub-3 hour) delay on the first leg of a connecting journey, which meant the connecting flight to Brazil was missed.

In you case, it sounds like the departure from the EU was on time and the delay occurred entirely on the non-EU leg on a non-EU carrier. The question therefore is whether Folkerts can apply in these circumstances?

As Caz says, no one really knows for sure. My reading of the judgement would be that it does. But I know some very smart people (including lawyers) who disagree. There have definitely been people who've lost in court on this point, though I think three are cases also of airlines who've settled in these circumstances too.

For the real nerds amongst us, this paper from the aviation lawyers at DLA Piper is worth a read. It's a bit partisan, in my humble view, but no less interesting for that:

http://documents.jdsupra.com/5bfdfa37-33a7-4d60-9be6-4342e8753810.pdf

Yamor wrote: »

Also, does it make a difference that this is all regarding the return half of my ticket?

I had flown into London from outside the EU, via Istanbul. Now for my return, my onward flight from Istanbul was cancelled, so they wanted to put me on the next flight, which was 5 and a half hours later, so I cancelled it. On the phone they told me I can only be refunded what I paid for the return half of my ticket. I was wondering if I was entitled to more.
Thanks.

How much notice were you given on the cancellation of the flight from IST. Did you actually travel on the flight from London to Istanbul as planned?

I think you are entitled to compensation, but - as Caz has said - it's not straightforward, and making Pegasus pay up will be a big challenge.