MSE News: The Big Freeze: your travel refund rights

richardw

deleted..........

tox

Can't help but think that MSE has rolled over too easily on this one.

Yes, day one of the weather was perhaps exceptional - so people who had cancelled flights may not get compensation. But surely day 2+ is down to the incompetence/poor planning of BAA? This is therefore a technical failure and should therefore be covered by compensation arrangements....?

Discuss....

richardw

Air carrier's have to prove 'extraordinary circumstances', if they advance such a defence, to avoid paying compensation.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

see article 5.3

"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."

ShoesAreDamnExpensive

On Friday when I was stuck in Manchester after the first leg of my journey to Peru via Heathrow was cancelled - they said as it was an 'act of god' they didn't have to offer anything. Not even overnight accommodation. My dad had to drive back over from Sheffield, pick me up and drive me all the way down to Heathrow. Would refund of petrol costs be a BA obligation or travel insurance job? Not sure if anyone else found the same thing but BA staff were not helpful just said go online or telephone - I was on hold for an hour from my mobile until the battery went dead and still didn't get through. Dread to think how much thats going to cost.

But luckily my flight from heathrow was one of last ones out so my dads long journey wasn't in vain. :j

tox

no such thing as an act of god - usual rules apply. If they didn't give you the option of a re-route then they haven't complied with the law, so you have a case for compensation.

Deffo stick in a claim for expenses anyway.

While you are waiting, you should be offered the same assistance as for delayed flights, ie:

• two free phone calls, faxes or emails
• free meals and refreshments appropriate to the delay
• free hotel accommodation and hotel transfers if an overnight stay is required.

On top of this, you should be offered a choice of:

• a refund within seven days of the full cost of the flight (if your flight wasn't direct and was cancelled part-way through, you are entitled to a flight back to your original point of departure and to be refunded in full)
• re-routing to your final destination at the earliest opportunity
• re-routing to your final destination at a later date convenient to you.

Providing it is reasonable, re-routing can be via another means of transport or on another airline. If the airline flies you to another airport in your destination city, then they must pay for the transfer to the airport you were originally booked to travel to, or to another close-by point of your choice.

travelmouse

Hi,
My flight with Air India was cancelled with the snow at Heathrow. I did what the website said and phoned right before I needed to leave home. At that point they told me the flight was OK, but when I arrived it was cancelled. Can I claim back my travel costs? I suspected the flight would be cancelled but went to the airport on their advice.
Thanks,

Alison

ricardoSC

Hi All,

I have been scouring these pages on and off for quite some time and usually found what I was looking for.

However I think I have, for the first time, turned up a dud search!

anyhoo...

I was due to fly out of LHR to Spain on 21/12/10 needless to say the flight was cancelled due to the [STRIKE]ineptidute of BAA[/STRIKE] snow.

The airline I was travelling with said they could only refund the outbound flight as the return flight had not been affected by the snow!

The offer was there (as per EU261/2004) to re-schedule, however the next flight with seat available was 25/12 and they said they could not currently guarantee a seat. Therefore I decided to cancel my holiday and try to see my familiy at some point in the New Year.

It was only after submitting the on-line claim form that I was informed that only the outbound flight could be refunded. The airline (Vueling) have been spouting EU261/2004 at me and me back at them. Clearly they think the bit out compensation is what applies here (this is not what I am going after as I accpet the snow was execptional). both ourbound and return flights were booked on the same airline at the same time - surely if I was unable to reach my destination through no fault of my own the airline can re-fund the whole journey.

any way - that is somewhat rambling (sorry). So I ask you the good people of MSE forums, any ideas?

many thanks
Ric