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Compensation for delayed flight

I am wondering if I have a right to make a claim for compensation under Article 7 of EC 261/2004. The facts are as follows:

Our flight was from Faro Portugal to LGW in July this year. It was delayed 8 hours. Instead of waiting we travelled with an alternative airline and have managed to get a refund of the cost of our flights from the original carrier. They have also refunded our refreshment costs. Both of these are in line with their obligation under EC 261/2004 I believe.

Reading the regulation it appears that there may also be scope to make a claim for compensation of €400 per passenger for the inconvenience caused (which was considerable with 2 young children and also we missed an event that evening for which we had non refundable tickets).

Does anybody know if its possible to make a claim for compensation too?

Comments

  • richardw
    richardw Posts: 19,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 September 2011 at 9:28AM
    The airlines are challenging something called the Sturgeon Judgment for compensation for delays of three hours are more, it maybe best to wait, unless perhaps you live in Middlesborough http://www.bbc.co.uk/news/business-12472056

    The delay would still have to have been caused by Extraordinary Circumstances despite all reasonable measures to avoid them by the airline.
    Posts are not advice and must not be relied upon.
  • Thanks. Can I just confirm this compensation should be available (pending the outcome of the court case) in addition to the refund I received from the airline (as I chose to fly home with somebody else)?
  • richardw
    richardw Posts: 19,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If it goes in the passengers favour, they may still keep their 'get lost, take us to court' stance.
    So you may want to check if you have legal expenses cover with an insurance policy or perhaps wait until the CAA get their promised 'teeth'.
    You aren't going to get 400 euros or more in time for this Christmas or perhaps even next.

    Might be best to make some notes in a file and put it away and enjoy your family life until you hear something about the Sturgeon Judgement next year.
    Posts are not advice and must not be relied upon.
  • Can I butt in on this question please?

    I was flying back from Ireland to LGW on Monday. Arrived at departure airport to boards announcing incoming flight was due in early - good news considering the weather. 20 mins later when the check in desk closed, they cancelled the outbound, as due to operational difficulties, the inbound had diverted to Dublin.

    Having queued up to hand back our boarding cards, we were given the options of returning the next day, or be bussed to Dublin where we could get the 20:30 flight to LGW or a choice of flights to LHR. Chose the 20:30 flight as car was at the airport, and this was already 5 hours after our original departure time. When we got to Dublin, the outbound was delayed to 22:30, we eventually started to board at 23:00. We were automatically given food vouchers, which, through no fault of the airline, were not much good as all of the food sections closed bar 2 - it was only 19:30!

    So from compensation point, yes we got the vouchers, but where do we stand on times, is the delay from the original departure time or revised, and is it worth asking for compensation? Never bothered doing anything like this before as it probably is more hassle than it is worth.
    A smile costs little but creates much :)
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