Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
Page 31
    • JPears
    • By JPears 17th Oct 16, 2:55 PM
    • 2,585 Posts
    • 729 Thanks
    JPears
    Resolver can sometimes work. It depends on the airline. Most just pay lipservice and ignore it.
    Your own letter, then NBA then court action are the only way of getting closer to a result (still no certainty)
    Or hand over to a NWNF if you can't face reading Vauban's most excellent guide (and that's just the basics of the process)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • shenshaw007
    • By shenshaw007 18th Oct 16, 11:34 AM
    • 3 Posts
    • 0 Thanks
    shenshaw007
    air transat delay from BHX
    Hiya i was recently delayed for 9 hours on a flight from birmingham to toronto with air transat. originally because the tyre had a puncture/slash which they said would take 5 hours as they had to get a new tyre shipped up from london..then whilst in the air the pilot came on and said that they wouldn't make it to toronto before there legal work time requirements/limits would run out and so we had to divert to montreal to change the crew.my question is would ths be a fault of the airline? ie i can maybe see that they would use the tyre puncture/slash problem as an excuse and say it was beyond there control but im not sure about the crew change part? i've sent a letter to them anyway and awaiting there responce. ps when we landed they gave us a letter appologising when we got off the plane which said reason for delay was " technical issue and diversion for crew change"

    thanks
    • 111KAB
    • By 111KAB 18th Oct 16, 11:53 AM
    • 3,517 Posts
    • 1,418 Thanks
    111KAB
    shenshaw ... both are claimable as both aspects fall within the responsibility of the airline. Whatever/whichever way they explain your delay they are still liable given the facts you outline.
    • shenshaw007
    • By shenshaw007 19th Oct 16, 9:16 AM
    • 3 Posts
    • 0 Thanks
    shenshaw007
    air transat delay from BHX
    Wow after taking a month deciding if i should claim or not i decided yesterday to fill in one of the template letters off here and go for it..i emailed them yesterday and within a couple of hours i got an email back saying yes im entitled to the full 600 euro's and they will have a check for me within ten days
    fair play to airtransat no arguing or delaying it... thanks MSE i don't think i would have done it without thie help of this site :-)
    • Timothea
    • By Timothea 22nd Oct 16, 12:13 PM
    • 24 Posts
    • 14 Thanks
    Timothea
    Denied boarding from USA
    I recently made a claim for denied boarding on a flight from the USA to London. I issued a small court claim in England against the North American airline concerned earlier this year. This matter is now resolved.

    I made my claim under Title 14 of the U.S. Code of Federal Regulations Part 250. EC Regulation No. 261/2004 did not apply because it was a non-EU carrier. I spent a lot of time researching the law and preparing my claim. I think it would be a shame if all my research was wasted, so I would like to help others who find themselves in a similar position.

    14 CFR Part 250 (as the US regulation is often abbreviated) is not about delay, cancellation, rerouting, missed connections or technical problems; it just provides compensation for denied boarding (i.e. when you have a confirmed reservation, are able and eligible to board the flight, and the flight leaves without you on board). This can happen when the flight is overbooked. The regulation is entitled "Oversales".

    I need to check the forum etiquette. Is this a valid topic for this forum? If so, should I start a new thread on this topic?
    • Tyzap
    • By Tyzap 22nd Oct 16, 1:19 PM
    • 640 Posts
    • 355 Thanks
    Tyzap
    Hi Timothea,

    I think it's very valid and would help passengers who cannot claim via EU261 legislation.

    This thread is probably the right place for it too.

    When a flight has been overbooked I assume it is this piece of US law that requires the airlines to ask for volunteers to step out of line and receive a cash payment to travel at a later date.

    Any information you could provide would be very helpful.
    Please read Vaubans superb guide.
    • Timothea
    • By Timothea 22nd Oct 16, 1:40 PM
    • 24 Posts
    • 14 Thanks
    Timothea
    Yes, the airline should first ask for volunteers to give up their seats. This regulation applies if there are insufficient volunteers, or if the airline disembarks or refuses to board certain ticket holders without a valid reason. Most people don't know about this regulation so airlines will sometimes do this without paying any compensation, just because they can get away with it.

    You would think this sort of thing would be very rare, but I was reading a post earlier that seemed to qualify. It also applies to EU airlines departing from US airports, so some people may be due double compensation!

    I will start a new thread and write a detailed guide later.
    • symphony63
    • By symphony63 2nd Nov 16, 6:42 PM
    • 30 Posts
    • 1 Thanks
    symphony63
    I have an interesting case.
    I was booked on UA at 18:00 to travel to the US from LHR. The flight was cancelled and we were put on a VS flight at 17:30.
    The VS flight was delayed by 222 minutes.
    My question is, can I claim from UA under 261/2004 for denied boarding and arrived at my destination later then scheduled and again from VS for the delay of 3hr+ under 261/2004.
    Your opinions are much appreciated.
    • Vauban
    • By Vauban 2nd Nov 16, 7:49 PM
    • 4,427 Posts
    • 1,947 Thanks
    Vauban
    No you can't. You can only claim 600€ from UA for cancelling flight (NOT denied boarding) and rerouting you so that you arrive more than 2 hours after you were originally scheduled to land.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • JPears
    • By JPears 3rd Nov 16, 9:42 AM
    • 2,585 Posts
    • 729 Thanks
    JPears
    I have an interesting case.
    I was booked on UA at 18:00 to travel to the US from LHR. The flight was cancelled and we were put on a VS flight at 17:30.
    The VS flight was delayed by 222 minutes.
    My question is, can I claim from UA under 261/2004 for denied boarding and arrived at my destination later then scheduled and again from VS for the delay of 3hr+ under 261/2004.
    Your opinions are much appreciated.
    Originally posted by symphony63
    You may have to make the claim against Virgin for delay, IF UA's reason for cancellation fell within an EC. What was the reason for cancellation and when were you informed about it?
    If you had boxed clever and been able to get a refund for the cancelled flight, then made your own purchase of the Virgin ticket, which was then delayed, you could potentially have made 2 claims, one against UA for short notice cancellation (assuming it was less than 14 days) and one against VS for delay.. But this is assuming a. Virgin had space to sell you a ticket, b. the price was not excessive. c. the reason for the UA cancellation. d.the reason for the delay of the Virgin flight.
    But it is worth bearing in mind for canny travelers
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • symphony63
    • By symphony63 10th Nov 16, 3:31 PM
    • 30 Posts
    • 1 Thanks
    symphony63
    Let me just put this straight, yes, the UA flight was cancelled the same day as of travel.
    The UA flight was scheduled for 18:00 and they booked me on a VS flight at 17:30, which is within the 1 hour, scheduled to arrive approximately the same time as the original UA flight. That the VS flight subsequently had a delay is really out of UA's hands. And the delay was 3hrs 42 min. Or maybe it's just UA's bad luck and I should claim from UA.
    Last edited by symphony63; 10-11-2016 at 3:40 PM.
    • JPears
    • By JPears 10th Nov 16, 4:03 PM
    • 2,585 Posts
    • 729 Thanks
    JPears
    Let me just put this straight, yes, the UA flight was cancelled the same day as of travel.
    The UA flight was scheduled for 18:00 and they booked me on a VS flight at 17:30, which is within the 1 hour, scheduled to arrive approximately the same time as the original UA flight. That the VS flight subsequently had a delay is really out of UA's hands. And the delay was 3hrs 42 min. Or maybe it's just UA's bad luck and I should claim from UA.
    Originally posted by symphony63
    In that case your claim is against VS for the delay, unless the delay was caused by an EC. Check and online company eg Botts to see if compensation for the VS flight is due.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 10th Nov 16, 4:54 PM
    • 4,427 Posts
    • 1,947 Thanks
    Vauban
    In that case your claim is against VS for the delay, unless the delay was caused by an EC. Check and online company eg Botts to see if compensation for the VS flight is due.
    Originally posted by JPears
    No it's not (unless I have misunderstood the facts). As UA specifically rerouted the OP onto this VS plane, the liability for any delay remains with the airline that arranged the re-routing - not the new airline carrying them. You never paid a fare to Virgin, and only paying passengers qualify for compensation in any case.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • JPears
    • By JPears 10th Nov 16, 5:02 PM
    • 2,585 Posts
    • 729 Thanks
    JPears
    I'm not sure the regulations specifically cover this occurrence?
    OP may have to take legal action against both for a resolution of this possible conundrum?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 10th Nov 16, 7:11 PM
    • 4,427 Posts
    • 1,947 Thanks
    Vauban
    I'm not sure the regulations specifically cover this occurrence?
    OP may have to take legal action against both for a resolution of this possible conundrum?
    Originally posted by JPears
    I don't think so - I think it is straightforward. Article 5 spells out the rules regarding rerouting and the entitlement to compensation from the original cancelled airline if the replacement air service does not allow the passenger "to reach their final destination less than two hours after the [original] scheduled time of arrival."

    You could argue that the obligation is for the airline to put you on a plane scheduled to land no later than two hours after the original arrival time, but the Regs don't say this.

    The OP was rerouted onto an alternative plane, but the delays meant this this did not allow him to reach his destination within two hours. So compensation is justified as a consequence of UA's obligations under Article 5 ("Cancellation").

    There is no claim from VS, as he never bought a ticket. I think Article 3 paras 3 and 5 would give Virgin a clear defence from any claim brought.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • symphony63
    • By symphony63 11th Nov 16, 12:19 AM
    • 30 Posts
    • 1 Thanks
    symphony63
    I don't think so - I think it is straightforward. Article 5 spells out the rules regarding rerouting and the entitlement to compensation from the original cancelled airline if the replacement air service does not allow the passenger "to reach their final destination less than two hours after the [original] scheduled time of arrival."
    Originally posted by Vauban
    What about Article 7 Chapter 2 (c),
    (c) by four hours, in respect of all flights not falling under (a) or (b),
    the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %
    When is it 4 hours and when 2 hours?
    You could argue that the obligation is for the airline to put you on a plane scheduled to land no later than two hours after the original arrival time, but the Regs don't say this
    The OP was rerouted onto an alternative plane, but the delays meant this this did not allow him to reach his destination within two hours. So compensation is justified as a consequence of UA's obligations under Article 5 ("Cancellation")..
    But they did re-route me on a flight within the 1 hour limit, so is it either within 1 hour or to arrive before 2 hours? or does it have to be both within 1 hour to arrive no later than 2 hours after original arrival time? This case is within 1 hour but actually arrived later than 2 hours. Or you could argue, true, UA rerouted me within 1 hour but the flight actually left 4 hours later and arrived more than 3 hours later so they are liable under Reg 261.
    There is no claim from VS, as he never bought a ticket. I think Article 3 paras 3 and 5 would give Virgin a clear defence from any claim brought.
    I think you have a point there. Also, these Regs actually put the burden on UA as the travel contract is still with them.
    • Vauban
    • By Vauban 11th Nov 16, 8:02 AM
    • 4,427 Posts
    • 1,947 Thanks
    Vauban
    Article 5 determines the right to compensation in light of cancellation, while Article 7 is about the amount of compensation due in these circumstances.

    So 5.2.c says you are due compensation if the rerouted flight is more than an hour early on departure or two hours later on arrival than the original scheduled timings (and both conditions apply - note the use of the word "and" in the regs). And 7.2.c notes that, for flights longer than 3,500km, your compensation is halved (to €300) if you arrive between 2 and 4 hours late.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • JPears
    • By JPears 11th Nov 16, 8:02 AM
    • 2,585 Posts
    • 729 Thanks
    JPears
    Your claim against UA (via the VS flight) is probably for the delay of the flight in reaching your destination, not the cancellation (as they rerouted you within the specified time frames). Although the cancellation arguement is effective as the rerouted flight was delayed .
    I think in your claim you need to make clear that you are claiming a single compensation on both counts to cover all the bases!
    Last edited by JPears; 11-11-2016 at 8:06 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • symphony63
    • By symphony63 11th Nov 16, 8:35 AM
    • 30 Posts
    • 1 Thanks
    symphony63
    So, as I understand it now is that either or I am not entitled to more than €300.
    • JPears
    • By JPears 11th Nov 16, 4:21 PM
    • 2,585 Posts
    • 729 Thanks
    JPears
    How long is your flight in km s?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,748Posts Today

8,498Users online

Martin's Twitter