26 Hour Delay

dand2202

Hi

I have just got back from Mexico after a whopping 26 hour delay! To cut a very long story short we were suppose to fly back (with Thompson) at 4.20pm on Friday. All looked fine until a few mins before this and then boarding changed to deplayed to 5pm. At 5pm it was annonced that the flight has been cancelled/delayed until 10am the next morning and to speak to Thompson.

After a lot of queing and waiting around we were taken to a hotel for the nite on an all inclusive basis (as was our holiday).

The time kept changing and finally we were picked up at 12.45pm and taken to the airport. The plane finally took off at around 6.30pm on the saturday.

Does anyone have any idea if I entitled to compensation?

Thanks
Dan

Cityboy_2

dand2202 wrote: »

Hi

I have just got back from Mexico after a whopping 26 hour delay! To cut a very long story short we were suppose to fly back (with Thompson) at 4.20pm on Friday. All looked fine until a few mins before this and then boarding changed to deplayed to 5pm. At 5pm it was annonced that the flight has been cancelled/delayed until 10am the next morning and to speak to Thompson.

After a lot of queing and waiting around we were taken to a hotel for the nite on an all inclusive basis (as was our holiday).

The time kept changing and finally we were picked up at 12.45pm and taken to the airport. The plane finally took off at around 6.30pm on the saturday.

Does anyone have any idea if I entitled to compensation?

Thanks
Dan

Dan

You are entitled to 600 euros per passenger compensation from the airline since your flight was cancelled at such short notice and you weren't able to reach your final destination within 2 hours of your scheduled arrival time.

The regulation which governs these instances is EC 241/2004 and the articles regarding what is supposed to happen in the event of a cancellation are reproduced below. The airline will probably claim 'extraordinary circumstances' (Article 5.3) which may allow them to wriggle out of paying but you should write to the airline stating your claim and quoting the correct Article references below. Include the question of why the flight was cancelled as this will then govern what action you take next.

If you are persistent enough and take the time to pursue the airline for compensation, you should receive what is due to you. You may ultimately have to threaten court action or indeed actually take the airline to small claims court to ensure you win your case. On the other hand Thomson may just pay up without a struggle!

Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(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 %.
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

Post back after you have a reply from the airline. Incidentally it matters not whether you were out of pocket or not. The regulation was drawn up to try to compensate passengers who have been inconvenienced by delays and cancellations, and I am certain that whatever else it did, the 26 hour will have inconvenienced you in some way.

mackemdave

Were you out of pocket because of the delay...if so you might be entitled to compensation....or are you just looking to make a few quid out of the airline who seemed to do OK