Compensation for delayed flights Discussion Area

Options
1101510161018102010211213

Comments

  • sclare
    sclare Posts: 64 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    Iberia refused to pay out for a four hour delay on the second sector of our flight from LHR to Panama (the second sector, Madrid to Panama)
    I appealed to the Spanish regulator who found in my favour. They contacted Iberia to direct them to pay, and I emailed Iberia with the result, asking for the compensation too. They did not respond. The regulator then wrote to them again, and I sent a letter by registered post, asking for the compensation and saying that I would give them until the end of February, before I considered legal action.

    Again, there's been no response. As Iberia have an office in the UK (and my ticket started in the UK) can I claim in the small claims court here? And would it be best for me to first get a solicitors letter sent, to see if that would be enough to get a response?
  • Justice13075
    Options
    Yes. Download and read Vaubans guide. Then send a letter before action all explained in the guide.
  • legal_magpie
    Options
    No need to send yet another letter. Just read Vauban's guide and issue proceedings on or after 1st March
  • Justice13075
    Options
    The point is as he himself said "He MAY consider legal action" not that he WILL instigate legal proceedings.
  • shicky
    shicky Posts: 93 Forumite
    First Anniversary First Post Combo Breaker
    Options
    Hi all,

    just wanted to get some clarification on whether I am due to be compensated. I booked a return ticket from Dublin to Portland (involving a stop in Chicago) with Aer Lingus. Getting there was fine however, it was a bit of a mare getting back, all in all I arrived around 6hours later than I was supposed to in Dublin.

    Now the tricky part is that my first flight although booked with Aer Lingus, was operated by United Airlines. This was where the major delay was of over 3hours, it meant I missed my Aer Lingus operated flight from Chicago to Dublin. Instead I was placed on another United Airlines flight from Chicago to London, then an Aer Lingus operated flight from London to Dublin.

    Am I fresh out of luck here or do I have grounds to go for compensation?
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
    Name Dropper First Anniversary First Post
    Options
    shicky wrote: »
    Now the tricky part is that my first flight although booked with Aer Lingus, was operated by United Airlines. This was where the major delay was of over 3hours, it meant I missed my Aer Lingus operated flight from Chicago to Dublin. Instead I was placed on another United Airlines flight from Chicago to London, then an Aer Lingus operated flight from London to Dublin.

    Am I fresh out of luck here or do I have grounds to go for compensation?
    no claim under EU261. Operating carrier is key and in this case it is United that caused the delay (and caused you to miss the EI flight) as a non-EU carrier they are only required to pay compensation for flights departing from the EU so no claim for flights departing the US
  • shicky
    shicky Posts: 93 Forumite
    First Anniversary First Post Combo Breaker
    Options
    Caz3121 wrote: »
    no claim under EU261. Operating carrier is key and in this case it is United that caused the delay (and caused you to miss the EI flight) as a non-EU carrier they are only required to pay compensation for flights departing from the EU so no claim for flights departing the US

    In a word, poo. I was hoping the knock on and extra flights would somehow matter but I guess it was all a result of a US to US flight being delayed.

    Thank you for clarifying so quickly, as devastating as it was :(
  • atlantic04
    Options
    Just had an email from Thomsons saying a cheque will be sent out for £1033.00 for two people,Delayed 17 jan for 6 hours. Happy days, it taken 28 days to sort out
  • symphony63
    symphony63 Posts: 105 Forumite
    First Anniversary Combo Breaker
    Options
    I was booked on a flight LHR to TLV departing on 02 Jan at 14:20 arriving at 21:10.
    Less then 7 days before departure (I think it was 29/12/2016) we were asked if we wouldn't mind to change our flight as they were overbooked. El Al offered us vouchers with a free flight on El Al. We agreed to take the vouchers. They transferred us on a flight from LTN to TLV at 12:15 to arrive 19:00. This flight was delayed and only arrived in TLV 22:42, a delay of 3hrs 42 mins.
    I claimed for the delay but was told by EL Al that, as my original flight from LHR was meant to arrive 21:10 therefore the delay is only 1hr 32 mins.
    My personal opinion is that these are 2 different claims and can't be combined. That I agreed to be bumped from LHR to LTN is one claim and that the flight eventually arrived 3+hrs later is a different claim.
    What's the opinion here on the forum?
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    Options
    It sounds like this could be a case of denied boarding.

    In which case this is what should happen.....

    When passengers are offered the option of continuation or re-routing of a journey, this must be ‘under comparable transport conditions’. Whether transport conditions are comparable can depend on a number of factors and must be decided on a case-by-case basis. Depending on the circumstances, the following good practices are recommended:
     if possible, passengers should not be downgraded to transport facilities of a lower class compared with the one on the reservation (in the event of downgrading, the compensation provided for in Article 10 applies);
     re-routing should be offered at no additional cost to the passenger, even where passengers are re-routed with another air carrier or on a different transport mode or in a higher class or at a higher fare than the one paid for the original service;
     reasonable efforts are to be made to avoid additional connections;
     when using another air carrier or an alternative mode of transport for the part of the journey not completed as planned, the total travel time should, if possible, be as reasonably close as possible to the scheduled travel time of the original journey in the same or higher class of carriage if necessary;
     if several flights are available with comparable timings, passengers having the right to re- routing should accept the offer of re-routing made by the carrier, including on those air carriers cooperating with the operating carrier;
     if assistance for people with disabilities or reduced mobility was booked for the original journey, such assistance should equally be available on the alternative route.
    Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11). The Commission recommends that options are clearly spelled out to passengers when assistance is to be provided.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards