Flight delay compensation, US and Canadian Airlines

Vauban

But your second flight was on time - the only flight delayed was the US leg - not covered by the EU Regulation.

Caz3121

Pandilex wrote: »

it's not the 1hr delay of the original flight that is the problem

Pandilex wrote: »

as a result I missed my connecting flight

It was the one hour delay that was the problem....if you had not had that delay you would have not missed your connecting flight

Pandilex

Caz3121 wrote: »

It was the one hour delay that was the problem....if you had not had that delay you would have not missed your connecting flight

Well, true. But I am not sure which delay is the one that you can get compensation for. It looks like AA will give compensation if it's more than 4 hours or something but is that a 4 hour delay, or a 4 hour total delay on future connecting flights? I am guessing the former so I am out of luck

Vauban

Pandilex wrote: »

Well, true. But I am not sure which delay is the one that you can get compensation for. It looks like AA will give compensation if it's more than 4 hours or something but is that a 4 hour delay, or a 4 hour total delay on future connecting flights? I am guessing the former so I am out of luck

You're flying into Europe on a non-EU airline, so the European regulations don't apply.

skintus_mcgintus

Hi
I've had a long-standing claim with Delta-KLM for two tickets on a cancelled flight DL9 (LHR-Atlanta) on Dec 25, 2010. We flew the following day.
I filed my first compensation claim in February 2015 but was fobbed off with questions about ticket numbers and boarding cards -- things that I did not know. (Although I have plenty of booking info). I tried filing delay complaints two more times but they always had the same response: asking me for info I did not have any more.
Last month I submitted a Resolver complaint with all my info and today they have offered me $400 in travel vouchers. They admitted in the same message, for the first ever time, that it was a technical fault with the plane.
They also stated, however, that it is now beyond the six-year period that would require them to compensate.
Should I accept the vouchers, given that it's beyond six years, or continue with my claim - given that I initiated the complaint in February 2015?

Vauban

Yep - you're out of time. They don't have to give you anything now (you have six years is to start a court action, and if you don't there's nothing you can do). So take the vouchers quickly!

JPears

bumped to tidy board

jcocker

- Our return flight from Orlando to GLA via PHL was booked through British Airways, but operated by AA (outbound flight was operated by BA).
- PHL to GLA was scheduled to take off at 19:05 on 18/08/2017.
- Take off was delayed by approx 1 hour due to a passing storm.
- The weather cleared and the airport re-opened at approx. 20:00.
- We boarded the plane, taxied to the runway, and waited for a take off turn for approx 2 hours.
- The pilot then announced that due to a mechanical problem (he specified the problem) we were returning to the gate for this to be assessed.
- We returned to the gate and after approx 1 hour we were asked to disembarked to allow them to replace the faulty part.
- We were given regular updates at the gate regarding the situation, with the estimated time for take off repeatedly being pushed forward.
- The last such update suggested that the flight would leave at 01:00
- At approx 23:00 we were advised that a better and speedier solution was found: a new aircraft that had just landed and was parked at the adjacent gate would be used instead (we could see it through the windows).
- We were also advised that as soon as the passengers of the "new" plane disembark the plane would be prepared, and that take off would be "very shortly".
- We all moved to the new gate.
- It was also announced that a new crew was brought in (what we believed to be the two new pilots were sitting at the gate next to us).
- At that stage we were told that there was a mechanical problem with the bridge ("sleeve") to the "new" aircraft and that the passengers could not disembark as a result.
- At approx 00:30am the bridge was finally repaired, and the passengers got off.
- Without any explanation whatsoever, the flight was then cancelled altogether at approx 01:00am.
- At approx 01:45 we finally managed to reach the front of the line and re-booked the only flight available to get us home, leaving at 18:50 on the 19th (not a direct flight as our original flight was, but via Amsterdam).
- We were told that they had no hotel/food/transport vouchers to offer us. We were given a phone number for a hotel-booking company, and were told to keep all our receipts and claim everything later.
- The hotel company had no vacancies available at all, and after using Google and 15 phone calls we finally found a hotel and made it there at 04:00 (and were kicked out at check out time of 10:00am…).

We eventually arrived home 35 hours later than scheduled…

When contacted (repeatedly, providing all the above details), AA customer service claimed that the reason for our cancellation was the weather, and refuse to refund anything or compensate. No mention of bad weather at the airport(s) and/or on our route was ever made during our wait, and it was clear and dry outside in PHL.

My questions are:

1. I understand that since it was AA who operated the PHL to GLA flight then we are not entitled to compensation under EU rule 261/2004 . But who shall we chase for the promised refund of our expenses? BA or AA?
2. We have all but exhausted our communication with AA by now ("we are sorry that your experience with us was slightly short of wonderful…but though luck" is pretty much all that we have been getting…). Unfortunately we have nothing in writing or otherwise to prove that they promised to cover our expenses. What would be our chances in the Small Claims Court with that in mind? Our expenses are very modest, but their service so far has been nothing short of shocking, so we do want to take it all the way if possible.
3. The flight from Amsterdam to GLA was operated by KLM. It left and arrived on time, but we arrived in GLA many hours later than we should have. Does this count as a delay that entitles us to compensation?

Caz3121

jcocker wrote: »

1. I understand that since it was AA who operated the PHL to GLA flight then we are not entitled to compensation under EU rule 261/2004 . But who shall we chase for the promised refund of our expenses? BA or AA?
It would be AA as the operating carrier- BA are really a travel agent in this instance


2. We have all but exhausted our communication with AA by now ("we are sorry that your experience with us was slightly short of wonderful…but though luck" is pretty much all that we have been getting…). Unfortunately we have nothing in writing or otherwise to prove that they promised to cover our expenses. What would be our chances in the Small Claims Court with that in mind? Our expenses are very modest, but their service so far has been nothing short of shocking, so we do want to take it all the way if possible.
EU261 duty of care does not apply and US carriers tend not to provide accommodation for weather delays so you would be predicating the claim based on the delay not being weather, may be simpler to speak to your travel insurance

3. The flight from Amsterdam to GLA was operated by KLM. It left and arrived on time, but we arrived in GLA many hours later than we should have. Does this count as a delay that entitles us to compensation?

no compensation for flights that depart and arrive as scheduled.
Your issue was outside the EU with a non-EU airline so EU261 will not apply

Tyzap

Hi Jcocker,

You've been through a very unfortunate incident, what it highlights is that you need to take into account how the EU regulations work right from the point of booking your flights.

For future reference, you can book any airline leaving the UK and still be covered but on your return you would be better off by booking a UK airline otherwise you're not covered.

Had you booked your flights the other way around you would have been covered in both directions.

IMO the CAA should ensure that this is made clear when using and booking through BA.com. It's a constant problem to unsuspecting passengers who generally think BA website means BA flights, unfortunately it doesn't.

Good luck.