Compensation for delayed flights Discussion Area

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  • leylandsunaddict
    leylandsunaddict Posts: 1,923 Forumite
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    edited 17 February 2017 at 6:24PM
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    samwardill wrote: »
    I don't think the definition of 'extraordinary' in EU261 is generally accepted but it is defined in the legislation:
    "(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations."

    The circumstance in this case are different from the Caribbean because the airport has made a commercial decision not to invest in automatic landing equipment. It is in the control of the airline to influence this decision and therefore I think you might be entitled to compensation.

    I suspect that you will struggle though as even Bott & Co would be unlikely to fight your cause. I think they have taken a view that airport failings are not in the airline's control. I had a similar case where my flight was cancelled due to runway maintenance failure at London City and Bott didn't want to take it on. Personally, if this is Cape Verde, i think Thomson have massive commercial clout and could easily mandate the installation of automated landing equipment (and might start to do so if they started having to pay EU261 compensation).

    There's no ILS on one of the runways on ACE and when the weather necessitates using it aircraft sometimes end up diverted to FUE, and in extreme cases to the other islands as well. It's nothing the airlines have any influence over.

    It's no different to the Caribbean. It's a delay caused by the weather.
  • leylandsunaddict
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    You could install automatic landing equiment, but if it were my aircraft I wouldn't want the engines running sucking in sand during a sandstorm. Nothing worse.

    Exactly. Having ILS would make no difference to whether aircraft could take off and land during a sandstorm.
  • samwardill
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    You could install automatic landing equipment, but if it were my aircraft I wouldn't want the engines running sucking in sand during a sandstorm. Nothing worse.

    The Middle Eastern carriers all seem to be doing very well despite this potential issue. DXB has one of the world's best ILS precisely because of the prevalence of sandstorms.
  • Billy_Bonkers
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    Well if this is what just fine ash dust does http://news.bbc.co.uk/1/hi/magazine/8622099.stm I hate to think what sand will do.
  • rchap
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    Interested to see your comment about the claims support company EU Delay, as they stopped answering phone and emails and I don't know what happened to the compensation I believed was due to me - few hundred pounds estimated. Is there information known about this 'company' and if anyone's been successful in getting follow-up to outstanding claims/retrieval of compensation?
  • Billy_Bonkers
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    rchap wrote: »
    Interested to see your comment about the claims support company EU Delay, as they stopped answering phone and emails and I don't know what happened to the compensation I believed was due to me - few hundred pounds estimated. Is there information known about this 'company' and if anyone's been successful in getting follow-up to outstanding claims/retrieval of compensation?

    According to the Companies House website, there is a proposal for them to be struck off. http://wck2.companieshouse.gov.uk//compdetails
  • Caz3121
    Caz3121 Posts: 15,556 Forumite
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    rchap wrote: »
    Interested to see your comment about the claims support company EU Delay, as they stopped answering phone and emails and I don't know what happened to the compensation I believed was due to me - few hundred pounds estimated. Is there information known about this 'company' and if anyone's been successful in getting follow-up to outstanding claims/retrieval of compensation?

    there is a thread here http://forums.moneysavingexpert.com/showthread.php?t=5312080&highlight=eudelay
    many reports of Action Fraud and getting CCJs against the company
    First you will need to confirm if the airline paid out to EUDelay and then you need to go to court
  • hairbrain05
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    I returned from San Francisco > Chicago > London Heathrow > Scotland at the weekend.

    I had a through ticket with BA, the internal US flight was American Airlines for BA - my ticket had a single reference number for the journey.

    Was delayed 5 hrs in San Francisco (very very poor service from AA during the delay, little to no information). This meant I missed my connections in Chicago and had then to wait another 24hrs to fly - arrived home 24hrs late.

    Are BA or AA liable for my delay?
  • Vauban
    Vauban Posts: 4,736 Forumite
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    I returned from San Francisco > Chicago > London Heathrow > Scotland at the weekend.

    I had a through ticket with BA, the internal US flight was American Airlines for BA - my ticket had a single reference number for the journey.

    Was delayed 5 hrs in San Francisco (very very poor service from AA during the delay, little to no information). This meant I missed my connections in Chicago and had then to wait another 24hrs to fly - arrived home 24hrs late.

    Are BA or AA liable for my delay?

    AA are liable for the delay, as they were the operating airline. And as this is the case of a non-EU carrier leaving a non-EU airport, the Regulations do not apply. The fact that you booked your ticket with BA doesn't affect this, unfortunately.
  • hairbrain05
    hairbrain05 Posts: 418 Forumite
    edited 22 February 2017 at 6:25PM
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    Many thanks, seems I was misinformed that as it was a through ticket that it would apply. I guess not.... I was able to log a case with Resolver probably due to it having a BA flight number.

    I will be complaining to AA anyway as service was truly appalling
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