Flight delayed by more than 3 hours, no compensation

Arcan

[FONT=&quot]"Thank you for your email correspondence, concerning the above flight with Flybe and the unfortunate situation that arose for which I offer my sincere apologies. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I can confirm that technical difficulties were experienced with the aircraft scheduled to operate your flight resulting in an aircraft change having to take place. As an airline when disruption occurs, I would like to advise that many [/FONT][FONT=&quot]different avenues will be investigated in order to transfer passengers to their destinations as quickly as possible. On occasions alternatives and availability are very limited leaving us no option but to delay a departure. I can fully appreciate the inconvenience caused [/FONT][FONT=&quot]by this and again our apologies. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As a result of the delay, I note your request for compensation inline with the EU legislation. However, as stated in the EC Legislation 261/2004, the airline is not required to offer compensation when a flight is delayed and we are therefore unable to consider your request. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for taking the time and trouble to write to us allowing us an opportunity of response and please accept our apologies for your dissatisfaction felt. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours sincerely[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Hayley Johnson
Customer Relations Supervisor[/FONT][FONT=&quot] "

Is this right? We were three and a half hours late and kept in the dark about what was happening the whole time. Surely there is something I can do?
[/FONT]

Norfolk_Jim

you have a right to compensation under those regulations for cancellation but for delays you are only entitled to a "right of care". This right of care should kick in at 2hrs for EU flights of 1500km or less, 3 hours at 1500km to 3500km or 4 hours if further away than that.
So depends where you were going to. Was it less far away than 3500km, if so you should have been provided with refreshments and meals and the means to contact 2 people outside the airport. Flying Flybe probably a short flight. Theres some compensation arrangements for a re routing but this sounds like a straighforward delay, so sorry, sounds like the airline is right.

unholyangel

Hmmm from MSE article on it:
Flights which are subject to late take-off times should also become more bearable thanks to the regulation. Also in Nov 2009 the European courts decided some passengers can get compensation too; although this decision has since been put on hold (possibly for a couple of years) while it is appealed

However it does go on to say that if you are effected, you should still put in a claim.

Further down the article it says:
A Dec '08 test case went some way to making the law clearer by ruling that technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances. In the past, airlines have routinely cited them as such to excuse themselves from paying out, so this is great news for consumers.

EDIT: Just to add, theres the CAA website here - http://www.caa.co.uk/default.aspx?catid=1773&pagetype=90&pageid=12355

Which states: Cancellation

Financial compensation is due unless you were informed 14 days before the flight, or you were rerouted close to your original times, or the airline can prove that the cancellation was caused by extraordinary circumstances.
If you are unhappy with the airline’s response, you should contact passengercomplaints@caa.co.uk

Norfolk_Jim

As far as I'm aware monetary compensation is currently not payable on a late departure. I noticed a lot of booklets at the airport in Katowice and Copenhagen when I was there this year which were information booklets on the above regulations and how the applied. I took my info from those. Payment for delay as it stands applies where your flight is cancelled and an alternative flight is provided but that gets you to your destination at a different time to that originally contracted. At the moment, payment for delayed departure is often part of your travel insurance, even the free ones given with credit cards and bank accounts so maybe worth checking that.

Arcan

Thanks for the input everybody! So it may be possible as our plane was cancelled and we boarded a new plane from Southhampton.

unholyangel

Whoops sorry i pasted the wrong bit! That part was in relation to cancellations and not delays (my mistake, busy trying to sort out a new fridge freezer since my freezer isnt freezing anymore )

Delays is :
You may request a refund of your ticket if the delay exceeds five hours, but only if you decide not to travel.


From what you said in your OP (from the airline), the flight wasnt cancelled, just the plane was changed. You werent re-routed were you?

Arcan

unholyangel wrote: »

Whoops sorry i pasted the wrong bit! That part was in relation to cancellations and not delays (my mistake, busy trying to sort out a new fridge freezer since my freezer isnt freezing anymore )

Delays is :
You may request a refund of your ticket if the delay exceeds five hours, but only if you decide not to travel.


From what you said in your OP (from the airline), the flight wasnt cancelled, just the plane was changed. You werent re-routed were you?

No not re-routed

fozmcfc

If airlines were forced to give refunds and/or compensation for every delay of say 2 hours or more, many would just go out of business or at least fares would have to double.

Having said that I do feel that a gesture of goodwill might have been forthcoming (maybe £10 money off vouchers), as it wasn't an act of god which caused the delay.

They could probably get away with doing that and not rise their costs overall, because many people don't complain other than maybe at the check in staff, when planes are delayed.

Of course if it was like with trains written in some sort of charter, that compensation would be available for all delays over a certain time, then the airlines would have to rise fares to keep in business.

Best way of you dealing with it, is to not give them your business next time.

texranger

if i was compensated for every delay i have suffered i would have enough to purchase tees valley airport

unholyangel

fozmcfc wrote: »

If airlines were forced to give refunds and/or compensation for every delay of say 2 hours or more, many would just go out of business or at least fares would have to double.

Having said that I do feel that a gesture of goodwill might have been forthcoming (maybe £10 money off vouchers), as it wasn't an act of god which caused the delay.

They could probably get away with doing that and not rise their costs overall, because many people don't complain other than maybe at the check in staff, when planes are delayed.

Of course if it was like with trains written in some sort of charter, that compensation would be available for all delays over a certain time, then the airlines would have to rise fares to keep in business.

Best way of you dealing with it, is to not give them your business next time.

I think thats the exact reason that part is under appeal. I'm sure i remember hearing something on the news about it.

If the customer had suffered quantifiable loss, they may have more grounds under breach of contract for example. But that would be few customers out of thousands more than likely.

Hintza

3 hours is that all!!

You obviously don't travel much when it gets to 30 hours then you can become mildly miffed. 3 days might be worth a Mars Bar.....:rotfl: