Flight delay compensation, US and Canadian Airlines

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  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    oxide wrote: »
    Should I claim for the first part only? Can I claim for the whole flight?
    I was not given any kind of meal or anything while waiting... can I claim such a thing, since I had to stay many more hours in the airports.

    You need to have a read of the FAQs where all this is covered.
    Whether you can make a claim for compensation will depend on the reason for the delay of the first flight
    If your flights were all one ticket you are claiming for the delay in arrival at your final destination - one claim
    Whether the delay was their fault or not you are entitled to duty of care so you will be reimbursed for meal etc by sending in your receipts
  • oxide_2
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    Thanks for the reply!
    Caz3121 wrote: »
    You need to have a read of the FAQs where all this is covered.

    Yes, I've read the whole guide etc... :-)
    Whether you can make a claim for compensation will depend on the reason for the delay of the first flight

    The reason was that their plane was not in the airport. The weather in the airport was excellent. Of course, I cannot know for what reason the plane was delayed from the previous airport. But does it really matter?
    If your flights were all one ticket you are claiming for the delay in arrival at your final destination - one claim

    Great! They were all one ticket but it may be more complicated since I missed the second fight and I was given a new ticket. Does this play any role?
    Whether the delay was their fault or not you are entitled to duty of care so you will be reimbursed for meal etc by sending in your receipts

    Sadly, I don't think I have the receipts but it was a small amount compared to the compensation that I should receive if my claim gets approved.
  • SRT
    SRT Posts: 17 Forumite
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    Hi,
    I noticed that there is a compensation factor for flight delays in regard to departures from eu airports and wondered if it might be acceptable in my situation.
    I traveled to New york with my wife via United airlines last June 2013 from Manchester. we were hoplessly delayed for some twelve hours:eek:
    We had a meal and were transported to a hotel off airport courtesy of United and eventually another flight brought a replacement fuel pump if memory serves.
    I was contacted by United and offered some air miles which I accepted, I cant remember how many but it wasnt a lot. Well my wife received nothing and we just put it down to experience, but then I saw this mse feature and I have sent an email to United enquiring as to what they feel about this as it looks like at least my wife should have some entitlement or am I wrong? I am not sure if my accepting air miles nullifies any eu entitlement for me but wondered if anyone might have a view etc.
    Thanks.
    Stuart.
  • Voyager2002
    Voyager2002 Posts: 15,296 Forumite
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    SRT wrote: »
    Hi,
    I noticed that there is a compensation factor for flight delays in regard to departures from eu airports and wondered if it might be acceptable in my situation.
    I traveled to New york with my wife via United airlines last June 2013 from Manchester. we were hoplessly delayed for some twelve hours:eek:
    We had a meal and were transported to a hotel off airport courtesy of United and eventually another flight brought a replacement fuel pump if memory serves.
    I was contacted by United and offered some air miles which I accepted, I cant remember how many but it wasnt a lot. Well my wife received nothing and we just put it down to experience, but then I saw this mse feature and I have sent an email to United enquiring as to what they feel about this as it looks like at least my wife should have some entitlement or am I wrong? I am not sure if my accepting air miles nullifies any eu entitlement for me but wondered if anyone might have a view etc.
    Thanks.
    Stuart.

    I think it depends what you agreed when you accepted the Miles, but probably it would not affect your claim. However, getting anything out of them is likely to be a mission and a half...
  • Louise15
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    My flight with United was cancelled coming back from San Francisco to Heathrow last October, when we got to the airport our 1pm flight was cancelled and we were then booked onto the flight leaving at 6pm, just over a 5 hour delay, we were told the cancellation was due 'mechanical fault', we noted there was at least 5 flights cancelled at the same time and came to the conclusion that none of the planes were full so they put us all onto the same flight to save costs, all we were given was a $7 meal voucher each which didn't even cover the cost of a meal - I presume I can't claim anything as its not an EU airline
  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    Louise15 wrote: »
    presume I can't claim anything as its not an EU airline

    certainly EU261 does not apply for that reason (non-EU airline departing from outside EU)
    You can see if your travel insurance covers anything but some of them only kick in at a longer delay
  • oxide_2
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    bump! :-)

    I am wondering if I can claim for the whole trip, regardless of the fact that I continued my trip with another airline company (on the same ticket of course).
  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    your claim is against the airline that delayed you and the relevant time is when you arrived at the final destination of that ticket - it does not matter that you were rerouted on another carrier
  • SRT
    SRT Posts: 17 Forumite
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    Hi,
    I hope this is the right place to post as I earlier posted in general question:o
    Well essentially my wife and I were delayed some 12 hours from Manchester to Newark. Delay was due to fuel pump as far as I remember.
    I was given 10000 mileage plus miles on my account as "appreciation" but my wife received nothing. We also had a meal thing and were bussed out of airport to a hotel in an effort to save our sanity listening to those recorded luggage messages does get to you_pale_.
    Well on seeing that we seem to be entitled to proper compensation I sent off the following to United.
    "Dear Sir/Madam,
    As the website contact customer care will not process details on the date in question I am using this email address as an alternate means to communicate.
    I write regarding the following:
    Confirmation:A8VMM1

    Flight: UA80 Sunday 30th June 2013. Manchester U.K. to New york Newark NJ
    Ticket numbers*****

    During this flight last June my wife and I were subject to considerable delays and although I was provided with some "mileage +" miles as a "make weight), it would seem these fall well short in regard to the value provided for in the ec regulations for flights with delays greater than four hours. You will be aware that this flight was delayed considerably longer than four hours.
    EC regulation 261/2004 cites 3,500km+ (flights between an EU and non-EU airport), eg, London to New York: 4+ hours €600 (£480).
    My wife received NO compensation for this flight and I believe on reflection I have been less than fairly compensated. I would be grateful if you would kindly advise as to what you are prepared to do by way of addressing this matter in a satisfactory and acceptable manner.
    I provide below the precedent for this request. The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case.

    Thank you.
    Kind Regards."

    I have had an automated response but is it likely United would compensate me even after their goodwill appreciation to me.
    Might I also ask if it would be worth going the no win no fee route?
    Thanks.
    Stuart.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    SRT wrote: »

    I have had an automated response but is it likely United would compensate me even after their goodwill appreciation to me.
    Might I also ask if it would be worth going the no win no fee route?


    If it was a goodwill gesture you are also entitled to compensation however it really depends upon the conditions, if any, upon which they provided the mileage. If you have decided to pursue a claim for just one or both of you then you have a choice of court action yourself (100% return, fair degree of research, slight risk) or using a no win no fee (73% return, little effort probably more chance of success) - the choice is yours. If going NWNF though you may as well hand over now - assuming they will accept.
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