Compensation for delayed flights Discussion Area

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    SJP123 wrote: »
    Hi all,

    I recently booked a flight from Manchester to Perth (aus) which had a stop over in Dubai. The flight from Dubai to Perth was delayed by 15 hours.

    Emirates are stating that I am not entitled to compensation under EU law as the delay occurred between Dubai and Perth. Am I right in think that because I booked a journey from Manchester to Perth, and not as two separate flights that I am indeed entitled to claim under EU law?

    Many thanks for anyone that can help,
    Sam

    Yes you are!

    However, this has been a very disputed and vexed question, so far as Emirates and various others are concerned.

    The CAA are in the process of taking Emirates to task over this very question, so I would keep your powder dry for the moment and await the outcome of the CAA action.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    SJP123 wrote: »
    Am I right in think that because I booked a journey from Manchester to Perth, and not as two separate flights that I am indeed entitled to claim under EU law?
    Tyzap wrote: »
    Yes you are! ... The CAA are in the process of taking Emirates to task over this very question, so I would keep your powder dry for the moment and await the outcome of the CAA action.

    I don't think so. There needs to have been a least a short delay in the first (EU) leg - that's the professional consensus and also where the CAA are focusing. If the delay occurs entirely on the second non-EU leg, I don't think there's a claim under 261/04.
  • peadar
    peadar Posts: 99 Forumite
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    My Ryanair flight was cancelled due to a baggage handlers' strike in Berlin.

    Ryanair say that no monetary compensation is due under EU Regulation 261/2004 because the cancellation was "unexpected and therefore outside Ryanair’s control".

    Do baggage handlers work for the airport? So airlines have no responsibility for industrial relations?
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Vauban wrote: »
    I don't think so. There needs to have been a least a short delay in the first (EU) leg - that's the professional consensus and also where the CAA are focusing. If the delay occurs entirely on the second non-EU leg, I don't think there's a claim under 261/04.


    Thats interesting. I believed that it was the delay at the final destination that counted, regardless of where that delay occurred.

    What would happen in the case of a very short departure delay, say it was only 5 minutes or so?

    What is the EC's view on the official departure time, when the final door closes? That would all help to complicate things, so would we need a ruling on that too! it's quite complicated.

    I guess it will all become clear once the CAA have done their job.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Tyzap wrote: »
    Thats interesting. I believed that it was the delay at the final destination that counted, regardless of where that delay occurred.

    What would happen in the case of a very short departure delay, say it was only 5 minutes or so?

    What is the EC's view on the official departure time, when the final door closes? That would all help to complicate things, so would we need a ruling on that too! it's quite complicated.

    I guess it will all become clear once the CAA have done their job.

    Agreed.

    The CAA though do seem focused on this point:
    “The airlines confirmed to the CAA they do not pay compensation to passengers who had experienced a delay on the first leg of a flight that cause them to miss a connecting flight and, as a result, to arrive at their final destination over three hours late. The airlines’ refusal to pay compensation in these instances fails to meet the legal passenger rights requirements for flight disruption.”
  • pelirocco
    pelirocco Posts: 8,274 Forumite
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    edited 18 March 2017 at 12:10AM
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    Delayed earlier in the year out of Miami ,or rather we offered to be bumped off an over bookedd flight, BA gaves us $800 each plus hotel and 3 meals , and next day they put us in business lounge as we were hoping to be bumped again lol. Last week delayed out of italy due to tech fault on Ryanair , sent a claim through resolver ,yesterday they emailed to confirm they were sending us a cheque for £680 ish .Think i will take it up as a career lol
    Vuja De - the feeling you'll be here later
  • JoannaP
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    Hello,

    I recently traveled from LHR to USM but had short stopovers at 2 airports. My first flight from LHR - AUH was delayed by around 2 hours due to the plane getting into LHR late. When we arrived at AUH we then found out that our flight from AUH to BKK was delayed by around 2 hours, we ended up missing our connecting flight from Bangkok to Koh Samui because of the delays and they weren't able to put us on another flight for another 6 -7 hours. All in all we missed a whole day of our holiday due to the delays, we were meant to arrive in Koh Samui at 9am and didn't arrive until 5:30pm..

    I wrote to Etihad airways as this was the flight provider and they have responded saying that we are only entitled to 5,000 air miles for the flight from LHR to AUH because the rest of our flights did not depart from an EU airport despite the fact that we ended up missing a whole day of holiday. We were given a food voucher at Bangkok airport but the restaurants would not accept the voucher and we couldn't find anyone to help us so we ended up having to pay for the food at Bangkok airport ourselves.

    Is this correct or should we be entitled to compensation for the full journey despite the stop overs? The full journey was booked on one ticket so I assumed that this would count for something.

    Advice appreciated :)

    Thanks,

    Jo
  • Gertie100
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    Afternoon all

    Our Easyjet flight was cancelled on the 12th March @ 9pm because of bird strike at Basel airport and we were rescheduled to fly the following afternoon. Eventually landed at Bristol 3.30pm 13th March.
    We have filed a compensation claim with Easyjet which has been declined so now want to appeal. I thought we had to use the CEDR system but it won't let me appeal because it;s been less than 8 weeks from date of complaint.

    Should I be appealing back to Easyjet?

    Thanks all
    G
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Gertie100 wrote: »
    Afternoon all

    I thought we had to use the CEDR system but it won't let me appeal because it;s been less than 8 weeks from date of complaint.

    Should I be appealing back to Easyjet?

    Thanks all
    G

    This is what the rules say...

    1.7 A passenger can use the Scheme if they have not been able to settle a dispute with the airline after eight weeks has elapsed since first complaining to the airline or if the airline has provided the passenger with its final response in relation to the dispute, otherwise known as a final position or deadlock letter.

    ...but I'm not sure if their letter constitutes as "it's final response".
    Perhaps contact CEDR and ask them.

    Please post any future questions on the dedicated Easyjet thread for other passengers who may follow you.

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