Malaysian Airlines delay into London - can I claim compensation?

richardw

dmg24 wrote: »

to JR by now.

Ewing or Judicial Review or something else, please clarify.

stoneman

dmg24 wrote: »

That makes complete sense to me - you have to remember that the UK did not decide on the amounts, they were imposed on us by our dear European friends. If an individual tried to impose such a term into a contract it is likely that it would be deemed an unfair term as it is punitive and does not reflect the costs incurred. Indeed, if this was a piece of UK legislation, I would have expected the airlines to have taken it to JR by now.

Bit like Ryanair charging £40 for printing off a boarding card.
I know it is OT but couldn't resist:D

bagand96

Thomson is part of TUI and TUI have many aircraft so there may be agreements and contracts with TUI throughout europe to fix TUI aircraft irrespective of whether it is a Thomson or other TUI brand such as Arkefly.

TUI have neither an aircraft, crew, or maintenance base in Lanzarote. However that totally misses the point. I chose Thomson and ACE totally randomly as an example.

The point I am trying to make is arranging to fix a tech aircraft downroute will take time. Even when the airline is doing everything within it's power (even if they chose to immediately dispatch a rescue aircraft) it will still be longer than 3 hours.

Then the airline is forced to pay everyone on board €400. For a few hours delay?!

richardw

bagand96 wrote: »

arranging to fix a tech aircraft downroute will take time. Even when the airline is doing everything within it's power (even if they chose to immediately dispatch a rescue aircraft) it will still be longer than 3 hours.

Where are you getting 3 hours from?

ferf1223

richardw wrote: »

So the expensive bit for the air carrier in this context isn't bonkers.

I'm not sure what hotels you stay at...but in my world, hotels aren't the most expensive bit of the penalties for the air carrier from what I can see. And I did explain that financial compensation for 2, 3, 4 hours etc was what I found most insane...and I haven't suggested otherwise since then that I can see. Very, very long delays, maybe I can see some sort of liability...but, pardon the phrase, %*£( happens.

I wonder how much fares might come down without the crazy penalties (assuming the airlines could be trusted not to take advantage of lack of penalties).

Also - what bagand96 said.

richardw

ferf1223 wrote: »

I'm not sure what hotels you stay at...but in my world, hotels aren't the most expensive bit of the penalties for the air carrier from what I can see.

I stayed at this hotel http://www.hotel-monnaie.com/tarifs-seminaires/tarifs,1,1,46.php with breakfast when the airline cancelled my flight at short notice. The airline paid for this.

You will notice it isn't a cheap hotel and isn't a cheap part of Article 9 Right to Care of Regulation EC261/2004.

richardw

ferf1223 wrote: »

I did explain that financial compensation for 2, 3, 4 hours etc was what I found most insane.

There is no compensation for a 2 hour delay.
With a 2 hour delay Article 6 may apply and refers to Article 9 Right to care entitlement.

With a 3 hour or more delay compensation applies but claims are currently stayed because of an appeal by the airlines, so it could be the end of the 'insanity'.

richardw

ferf1223 wrote: »

I wonder how much fares might come down without the crazy penalties (assuming the airlines could be trusted not to take advantage of lack of penalties).

The Regulation was introduced in 2004.

I can find the following fares available

Ryanair
Thu17 Feb 11
Free Online Check in
Depart:
London-Stansted 07:35
Arrive:
Bremen 09:55
1 x Adult 7.00 GBP

Fare: 7.00 GBP
Online Check-In: 0.00 GBP
Taxes / Fees: 0.00 GBP
Total Price: 7.00 GBP

easyJet
London Stansted to Barcelona
Dep 23 March 2011 16:05
Arr 23 March 2011 19:15
Flight 3035
1 Adult
1 x £25.99

Fairly cheap fares despite having the regulation.

ferf1223

richardw wrote: »

There is no compensation for a 2 hour delay.
With a 2 hour delay Article 6 may apply and refers to Article 9 Right to care entitlement..

I should have been more clear...for a 2 hour delay, I don't think passengers should be entitled to anything. I would have zero expecation in this respect...and find it rather sad that some people would likely be at the desk at 2:01 demanding whatever they might be entitled to.

And while you may have stayed in a swanky hotel on an airline's dime, it cannot possibly be the norm in those situations...you must understand that. Of course there will be exceptions but anyone I know who has been stuck and put up by an airline has not been nearly so lucky as you apparently were.

I grant you that there are cheap flights available, I didn't suggest that there's weren't...but overall, and including the non-budget carriers, I have to think that compensation payouts impact prices overall.

What's your take on the airline's responsbility for passengers stranded due to the ash cloud? Reasonable?

richardw

ferf1223 wrote: »

And while you may have stayed in a swanky hotel on an airline's dime, it cannot possibly be the norm in those situations...you must understand that. Of course there will be exceptions but anyone I know who has been stuck and put up by an airline has not been nearly so lucky as you apparently were.

What do you reckon an airline pays for hotel rooms with short notice cancellations? Don't for get the cancellation could take place late evening such as 22:00hrs.