Flight delay compensation, US and Canadian Airlines

razorsedge

Nile wrote: »

I would appreciate advice on whether I can claim flight delay compensation against Delta.


We were delayed for 5 hours.


Flight DL403 was due to depart at 10:30pm on 21 Feb from JFK to LHR.
The info board advised the departure was delayed until 11pm.
Then it advised 11:15pm.
We discovered that there wasn't a plane at the gate.
The info board then advised the departure was delayed until 1am.
Delta staff at the gate then advised that a plane was somewhere in JFK being cleaned and serviced.
We boarded the plane at 1am.
We sat in our seats and waited. After a long wait, the pilot told us that we were prohibited from flying because of the temperature (freezing) and rain..........the rain would turn to ice on the metal wings.
We waited to see if the temperature would rise and allow us to fly.
Eventually, we were given permission to take off..........once the plane had been de-iced.
The plane took off at around 3:30am. A delay of 5 hours.:(


You can imagine how tired we were.


I would appreciate advice on whether I can claim flight delay compensation against Delta.


Thanks


Nile

Sorry, but EU261/2004 compensation does not apply in this case, Delta is a non EU airline and you were flying from non EU airport (JFK). Have you tried asking Delta for a gesture of goodwill?

lots of info in this guide:
https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf


Edit Caz3121 beat me to it.

Tyzap

Housekeeping

symphony63

I think I'm on the right thread.
My story is slightly different than most others here.
I live in UK but in 2012 I was in Belgium for a visit and flew from BRU to JFK with AA. The ticket was bought in the UK before I travelled to Belgium. The return was JFK to LHR.
The flight was first delayed and then cancelled. After a long wait of 5-6 hours I was offered a flight via Geneva to arrive in JFK about 11 Hours later. The reason given for the cancellation was that a wiper was broken, and the closest replacing part was in Paris. I suppose no wipers available in Belgium :rotfl:
I know I'm due compensation under EU directive, my question is where do I put my claim through in London, where I live and bought the ticket and paid for it with a UK cc or BRU where the actual delay occurred?
Your advice would be much appreciated.

Vauban

Write to AA in London in the first instance. And then take it from there.

Mark2spark

You (legally) have a choice symphony, you could use either method.
But unless you speak Flemish I'd stick with doing it in the UK.

joanfred

I wrote to American Airlines on 8th November 2014 ( using Vaubens Template) claiming compensation for a flight leaving uk on 2nd August 2010. I did not arrive at my destination till 24 hours later due to tech problems with this aircraft. I eventualy received a reply on 13th January 2015 offering me £498.87 and requesting I send my bank details. I did this by return. I have now sent lots of emails and the reply always says it will be paid in 2-4 weeks. Still no payment. Has anyone a telephone number I can ring or any ideas.
Thanks:(

cinereus

Delayed overnight by AA on an itinerary from Madrid -> US -> South America. Wrote a full claim on 9th Feb and submitted with supporting documents by email. Still nothing in response other than an automated reply.

Should my next step be a) a recorded letter to their UK address, b) to their Texas address or c) writing to the regulators?

pk67

Looking for some guidance.


We flew to New York - Newark with United last Thursday from Edinburgh. En route to the airport we received a text saying that our flight at 0925 had been cancelled.


We managed to get re-booked onto the 1205 also into Newark (meaning we arrived at 1440 rather than 1200 US time).


Are we eligible to claim for compensation for the delay caused by cancellation?


Thanks in advance for any help.

JPears

Was the flight cancelled or delayed?
If cancelled, you are due compensation, unless the airline can prove an EC.
Here is the releveant part of reg 261/2004
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

pk67

JPears wrote: »

Was the flight cancelled or delayed?
If cancelled, you are due compensation, unless the airline can prove an EC.
Here is the releveant part of reg 261/2004
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Flight was cancelled. Have the text from United as proof as well as screenshots from Flight Radar.