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 540
    • JPears
    • By JPears 8th Oct 17, 11:49 AM
    • 3,338 Posts
    • 925 Thanks
    JPears
    While no one can say for sure, it is likely that the medical emergency/death would have occurred in one form or another, irrespective of the initial delay.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jetsetgem
    • By jetsetgem 8th Oct 17, 5:03 PM
    • 50 Posts
    • 88 Thanks
    jetsetgem
    Thanks for your advice everyone
    • Glyndwr2000
    • By Glyndwr2000 11th Oct 17, 12:04 PM
    • 30 Posts
    • 24 Thanks
    Glyndwr2000
    Lyon to Birmingham 3rd Sept 2017
    We were delayed by 4.5 hours coming home from Lyon (family of 6). At the airport we were told it was a slight technical issue and the plane would be 1 hour late, then 2 hours, then three hours. When the plane finally arrived 4 hours later the reason was a mechanical issue that was now fixed. We even talked to the staff about claiming compensation and they said we should not have any issues (I know its not their call for the pedants - just filling in the background). There was no mention of any other reason for the delay.

    So I make my claim through Resolver.

    Lo and behold there are suddenly "Extraordinary circumstances" with a previous flight having a medical emergency.

    Its incredible that I have travelled hundreds of times on planes over the last 20 years and had only seen one passenger fall ill (who was taken off the plane within 30 minutes by the way). However every one of my claims has had a response of "Extraordinary Circumstances" with passengers falling ill. There seems to be an epidemic of passenger illness that should be investigated or is this just a convenient excuse.....
    • JPears
    • By JPears 11th Oct 17, 12:06 PM
    • 3,338 Posts
    • 925 Thanks
    JPears
    If it affected the previous flight, not yours, then you should still have a valid claim. You give no details - airline, dates, route etc, but have you tried an online claim firm such as Botts to see if you have a valid claim?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Glyndwr2000
    • By Glyndwr2000 11th Oct 17, 12:12 PM
    • 30 Posts
    • 24 Thanks
    Glyndwr2000
    If it affected the previous flight, not yours, then you should still have a valid claim. You give no details - airline, dates, route etc, but have you tried an online claim firm such as Botts to see if you have a valid claim?
    Originally posted by JPears
    Flybe Lyon to Birmingham 3:30 Sunday 3rd September. BE3204 Due to arrive at 4:15.

    I haven't tried botts yet, I went through resolver and finally received a reply this morning, hence the post.

    As per Vauban's guide says, the first response from Airlines is usually a no so time to escalate.
    • JPears
    • By JPears 11th Oct 17, 1:05 PM
    • 3,338 Posts
    • 925 Thanks
    JPears
    Botts imply you have a valid claim
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jrmsn
    • By jrmsn 11th Oct 17, 10:15 PM
    • 1 Posts
    • 0 Thanks
    jrmsn
    Sorry to everyone who is having trouble but I have to tell you that Flybe have just accepted our claim for a delayed flight. I'm looking for advice on the compensation. I can have 250 euros pp in "cash" or £300 as a credit expiring over 18months - atm this represents about 75euros pp difference. I'm inclined to take the credit but missus says cash (airline goes bump; can't use up the credit in the time; etc). Any advice? My concern is that to take the credit we have to ring up to book (ie not use internet) - could this mean higher price?
    • Tyzap
    • By Tyzap 11th Oct 17, 10:44 PM
    • 1,178 Posts
    • 564 Thanks
    Tyzap
    The old adage that 'cash is king' is as true today as it ever was, imo.
    Please read Vaubans superb guide.
    • fizz07
    • By fizz07 12th Oct 17, 9:49 AM
    • 80 Posts
    • 8 Thanks
    fizz07
    Hi guys, I used the excellent resolver online service to raise a query with Kenya airways for an approx. 12hr delay in 2011:


    Flight number: KQ116
    Departure airport: Nairobi
    Scheduled departure time: Fri 28/10/11 8:10
    Arrival airport: AMSTERDAM, NETHERLANDS


    This is the response I received:


    Thank you for your e-mail.

    Please be assured that as a customer focused airline, our priority is to ensure that we meet the needs and wishes of our passengers whenever possible. Kenya Airways remains committed to flight schedule integrity, nonetheless the nature of airline operations is such that disruptions within and outside our control may occur for various reasons.

    We are not in a position to provide compensation for this flight as per EC261/04 as the flight was operated from a nonEU country by a nonEU airline.

    We hope to be of better service in the near future.



    Does that sound right?


    Any help would be greatly appreciated.






    • Tyzap
    • By Tyzap 12th Oct 17, 10:15 AM
    • 1,178 Posts
    • 564 Thanks
    Tyzap
    Fizz07,

    Yes, unfortunately they are correct. EU regulations cannot be enforced when it is a foreign airline departing from outside the EU. Had it been an EU airline you would have been covered.

    Sorry.
    Please read Vaubans superb guide.
    • strawberries1
    • By strawberries1 12th Oct 17, 10:19 AM
    • 666 Posts
    • 140 Thanks
    strawberries1
    Hi all, BA has refused my claim stating it was an operational circumstances outside their control. The delay was because of a flat tyre. They've offered £15 to cover my meal expense.

    "Flight BA0830 on 19 December 2016 was delayed due to operational circumstances outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."

    I used Resolver. What can I do?
    • Caz3121
    • By Caz3121 12th Oct 17, 10:28 AM
    • 10,864 Posts
    • 7,093 Thanks
    Caz3121
    Hi all, BA has refused my claim stating it was an operational circumstances outside their control. The delay was because of a flat tyre. They've offered £15 to cover my meal expense.

    "Flight BA0830 on 19 December 2016 was delayed due to operational circumstances outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."

    I used Resolver. What can I do?
    Originally posted by strawberries1
    how long was the delay? both EUClaim and bottonline state that BA830 on 19th December 2016 had a delay of under 3 hours (based on arrival time)
    EUClaim - "Your flight had an arrival delay of less than three hours. To be entitled to compensation under EC Regulation 261/2004 your arrival delay must be three hours or more."
    Bott - "Our data shows that your flight arrived less than 3 hours late"
    Last edited by Caz3121; 12-10-2017 at 10:30 AM.
    • JPears
    • By JPears 12th Oct 17, 10:28 AM
    • 3,338 Posts
    • 925 Thanks
    JPears
    Read Vauban's super informative guide. All your answers are in there and continue with your claim, either by the ADR used by BA or via the courts, if necessary.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • fizz07
    • By fizz07 12th Oct 17, 11:39 AM
    • 80 Posts
    • 8 Thanks
    fizz07
    Fizz07,

    Yes, unfortunately they are correct. EU regulations cannot be enforced when it is a foreign airline departing from outside the EU. Had it been an EU airline you would have been covered.

    Sorry.
    Originally posted by Tyzap


    Many thanks for your reply. That's a shame as 12 hours with no hotel and only a snack once pushed after around 6 hours.


    Thanks again
    • qatn
    • By qatn 12th Oct 17, 2:54 PM
    • 3 Posts
    • 3 Thanks
    qatn
    Decision out and Emirates lost - I assume an appeal is imminent... I can't post the link but it is available on the Bailii website - Gahan v Emirates
    • JPears
    • By JPears 12th Oct 17, 3:14 PM
    • 3,338 Posts
    • 925 Thanks
    JPears
    Link :
    http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2017/1530.html&query=(gahan)+AND+(v)+AND+(emirates)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • JPears
    • By JPears 12th Oct 17, 3:27 PM
    • 3,338 Posts
    • 925 Thanks
    JPears
    Having read some of the arguements and then skipped to the summary, am I correct in thinking that the Judges put both the Buckleys and Miss Gahan's case as a single entity even though there were different causes for the delay? If so, that decision does cover alot of the connecting flight issues?
    Emirates have 14 days to appeal yes?
    Sorry, I re read. Yes Gahan appeal allowed, Emirates appeal disallowed.
    Good news.
    Last edited by JPears; 12-10-2017 at 3:32 PM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • qatn
    • By qatn 12th Oct 17, 4:19 PM
    • 3 Posts
    • 3 Thanks
    qatn
    Haven't seen the transcript or report - Emirates can seek permission from CoA to appeal to Supreme Court but if that's refused then they have 28 days to appeal to the Supreme Court. Haven't read decision in full but essentially found in favour of passengers in both instances - most important one from our perspective I suspect is the dismissal of the appeal in Buckley which will allow for compensation where there is a delay on first flight which on its own wouldn't allow for compensation but due to connecting flight results in a compensable delay. Good - but not unexpected, in light of EU cases/guidance - decision by the CoA. Will be interesting to see if any other airlines decide to intervene in any appeal.
    • Tyzap
    • By Tyzap 12th Oct 17, 4:32 PM
    • 1,178 Posts
    • 564 Thanks
    Tyzap
    As I understand it, if the first flight caused no delay from an EU departure airport but flight 2, departing from say Dubai did, then compensation is due. If my understanding is correct, that is a comprehensive decision and should resolve this long standing question.
    Please read Vaubans superb guide.
    • JPears
    • By JPears 12th Oct 17, 5:26 PM
    • 3,338 Posts
    • 925 Thanks
    JPears
    Whilst this delay occurrence is not unique to Emirates, they do seem the worst offenders - maybe the intent of reg 261/2004 will be realised and emirates will improve their operations and business model?
    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

1,273Posts Today

5,955Users online

Martin's Twitter