Flight delay help needed.

poet123

Long story short!

We should have flown to Venice at 17.40 (Ryanair) due to faults with the plane, we eventually had to wait for a Dublin flight to arrive before we boarded and flew at 11pm. A delay of over 5 hours. During that time they gave out food vouchers for £3.50 each at 10.15 but as we were called to another gate and told to get ready for boarding we couldn't use them!!

We arrive in Venice to an absolutely deserted airport (no signs of life at all) and get the baggage off by at 2.45am. We had intended to get a private water taxi to the hotel as it was the easiest way because of bridges to cross with luggage. No public transport is running, no private water taxis can be raised, no land taxis can get us anywhere near our hotel, so we decide to wait in the airport till the water taxi service re starts. We eventually get to our hotel at almost 8am. Obviously, they charged us for that night, we had to sleep so we missed a good portion of the first day of a 3 day break.

As this was a 30th anniversary trip, we decided to try to change our flights and stay an extra day. Ryanair had no flights on the next day and we couldn't stay longer because of work issues. So we rebooked on BMI baby ( the only flight going back to our departure airport where the car was)at a cost of 240 euros, and added an extra night at our hotel booking at a cost of £180 euros.

I think from looking at the regs that we should get 250 euro pp for delay, but would we be entitled to the additional nights stay and associated costs? or at least the return flight cost of the Ryanair flight we had to miss? I suspect this is a vain hope but thought someone would know if it was worthwhile claiming this.

We were handed the usual notice re delays by Ryanair, which is confusing and badly worded so doesn't really answer my query.

I must say this is not a pop at Ryanair we have flown with them many times without incident.

richardw

poet123 wrote: »

I think from looking at the regs that we should get 250 euro pp

Perhaps wait until the outcome of the stay to the Sturgeon judgement expected in early 2012.

richardw

Appears normal posted 30.07.2011 in this thread https://forums.moneysavingexpert.com/discussion/comment/45693662#Comment_45693662 was on the same flight.

HXDave

All you could (hope) to claim for is anything associated with the outbound leg, and again - as RichardW states, this will depend on the judgements currently going through.

As for the return elements, it was you who chose to change, and re-book, not Ryanair. As it seems you never presented yourself for check in on the return portion, you are simply down as a no show, and therefore not entitled to anything.

Regards

HXDave.

Shona99

richardw wrote: »

Perhaps wait until the outcome of the stay to the Sturgeon judgement expected in early 2012.

Who or what has "stayed" the preliminary ruling by the European Court of Justice in the referred case of "Sturgeon"? Is this even possible?

What is an "outcome of a stay"? A court action is subject to a stay or it isn't.

What is expected to happen in 2012?

Who is expecting it to happen?

If there is a "perhaps" involved-does this suggest alternative courses of action? The statement you make suggests that you think this is a preferred course of action. Are there alternatives that you have considered that leads you to make that preferred proposal.

poet123

So are you saying that the regs are not being paid out on as yet?

With regard to the return portion, the regs do mention the need for an extra night, and as we lost the hotel for the first night (which we still had to pay for) it seems that should be covered too. Obviously, if you need an extra night, you cannot get the booked flight, and as the carrier didnt have a flight the day after another carrier had to be used.

richardw

What's your view then Shona99?

Alan_Bowen

The Regulations as drafted never intended to offer any compensation for delays, only the right to be looked after and the opportunity to cancel after a 5 hours delay. One case decided that a long delay could be the same as a cancellation for which compensation is payable but following legal action by a number of airlines, the case has been referred back to the European Court for what might be a definitive answer. However I would work on the assumption that you are not going going to get compensation and if in a year's time we discover that the Court decides a 5 hour delay due to mechanical failure is the same as a cancellation, then hit the jackpot but if I was a betting man, I wouldn't hold up great hopes at all

HXDave

poet123 wrote: »

So are you saying that the regs are not being paid out on as yet?

With regard to the return portion, the regs do mention the need for an extra night, and as we lost the hotel for the first night (which we still had to pay for) it seems that should be covered too. Obviously, if you need an extra night, you cannot get the booked flight, and as the carrier didnt have a flight the day after another carrier had to be used.

Poet,

the regulations start and end with each flight sector. Just because you missed out on a night in your accommodation does not mean that they have to give you an extra nights accommodation at the end. They will only provide hotel accommodation to cover the period whilst you are effectively delayed (ie stuck in an airport waiting for the flight that you are currently checked in for to depart).

Regards.

HXDave.

poet123

HXDave wrote: »

Poet,

the regulations start and end with each flight sector. Just because you missed out on a night in your accommodation does not mean that they have to give you an extra nights accommodation at the end. They will only provide hotel accommodation to cover the period whilst you are effectively delayed (ie stuck in an airport waiting for the flight that you are currently checked in for to depart).

Regards.

HXDave.

Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.


Surely, the fact that we paid for and lost one nights accom due to the delay is covered under that highlighted portion? It works out the same as them paying for the night we lost, which they are surely liable for?

I can see me going to the small claims court here and citing loss of enjoyment etc, to get the required compensation. This was a landmark trip which was marred by these issues.

HXDave

Poet, you are misunderstanding the regulation.

the hotel stay you have highlighted is between the scheduled depature time and the actual departure time of the flight you have checked in for. so, for example, if you were due to fly at 12:00 noon on saturday, and they cannot fly you out until 12:00 noon sunday, they will provide accommodation. that would be for the outbound flight or the return flight, whichever flight was affected.

it does not mean if you are delayed for 1 night on the outbound flight, you get an extra night on at the end of the holiday to compensate.

After all, imagine if the flight only operated every week - how could you have an extra day when there would be no flights to then bring you back.

Regards

HXDave