Flight delay compensation, all other non-EU airlines

eskbanker

thepeopleschamp said:

eskbanker said:

Personally I wouldn't pay too much attention to the CAA's 'verdict', all they're really saying is that the airline didn't provide any evidence of extraordinary circumstances. Having said that, the airline doesn't seem to be claiming that anyway, and appears to believe that arriving within an hour of schedule is enough to negate compensation, when departure time also has to be factored in as you say.

That seems to be the only UK/EC261 aspect of your complaint(s) - any return flight to the UK on a non-UK/EU airline is out of scope, and all the absence of notification, etc, doesn't give rise to a legal monetary claim as such, even though you can seek some sort of gesture for poor service.

So do you think it is worth contacting PIA again about this and mentioning going down legal route if they don't respond? Am I correct in being able to claim compensation if my flight departed much earlier than original even though it arrived around same time right?

I agree with your contention that, under article 5.1.c.iii, rerouting only negates compensation if "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", so if you were rerouted onto a flight five hours before scheduled departure then this doesn't waive compensation rights, even if arrival time was before schedule, so would recommend reverting to the airline and highlighting this.

Personally I wouldn't start threatening legal action at this stage, but it does remain an option should they refuse to accept that and fail to pay the £260.

thepeopleschamp

eskbanker said:

thepeopleschamp said:

eskbanker said:

Personally I wouldn't pay too much attention to the CAA's 'verdict', all they're really saying is that the airline didn't provide any evidence of extraordinary circumstances. Having said that, the airline doesn't seem to be claiming that anyway, and appears to believe that arriving within an hour of schedule is enough to negate compensation, when departure time also has to be factored in as you say.

That seems to be the only UK/EC261 aspect of your complaint(s) - any return flight to the UK on a non-UK/EU airline is out of scope, and all the absence of notification, etc, doesn't give rise to a legal monetary claim as such, even though you can seek some sort of gesture for poor service.

So do you think it is worth contacting PIA again about this and mentioning going down legal route if they don't respond? Am I correct in being able to claim compensation if my flight departed much earlier than original even though it arrived around same time right?

I agree with your contention that, under article 5.1.c.iii, rerouting only negates compensation if "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", so if you were rerouted onto a flight five hours before scheduled departure then this doesn't waive compensation rights, even if arrival time was before schedule, so would recommend reverting to the airline and highlighting this.

Personally I wouldn't start threatening legal action at this stage, but it does remain an option should they refuse to accept that and fail to pay the £260.

Thanks I will write to the airline again reminding them of this point and see what they say. If they don't respond then I will write again mentioning possible legal action. 

eskbanker

thepeopleschamp said:

eskbanker said:

Personally I wouldn't start threatening legal action at this stage, but it does remain an option should they refuse to accept that and fail to pay the £260.

Thanks I will write to the airline again reminding them of this point and see what they say. If they don't respond then I will write again mentioning possible legal action. 

Just to be clear, the reason I was a little hesitant on that point was that if they chose not to respond to the CAA, then chances are that they wouldn't be swayed by threats of legal action, so only suggest that if you mean it and are ready to proceed, including identifying a UK address for serving, etc.

thepeopleschamp

eskbanker said:

thepeopleschamp said:

eskbanker said:

Personally I wouldn't start threatening legal action at this stage, but it does remain an option should they refuse to accept that and fail to pay the £260.

Thanks I will write to the airline again reminding them of this point and see what they say. If they don't respond then I will write again mentioning possible legal action. 

Just to be clear, the reason I was a little hesitant on that point was that if they chose not to respond to the CAA, then chances are that they wouldn't be swayed by threats of legal action, so only suggest that if you mean it and are ready to proceed, including identifying a UK address for serving, etc.

Hi

When you say 'UK Address for serving', do you mean the address for PIA in the UK? If so I have an address for them as that is where I sent my original claim for compensation. When I first emailed them, they said all claims must be sent to their postal address. I'm not sure whether the CAA sent a letter to this address or emailed them.

eskbanker

thepeopleschamp said:

When you say 'UK Address for serving', do you mean the address for PIA in the UK? If so I have an address for them as that is where I sent my original claim for compensation. When I first emailed them, they said all claims must be sent to their postal address. I'm not sure whether the CAA sent a letter to this address or emailed them.

Yes, it doesn't really matter how you or the CAA corresponded with them, but legal action requires a valid UK postal address.

thepeopleschamp

eskbanker said:

thepeopleschamp said:

When you say 'UK Address for serving', do you mean the address for PIA in the UK? If so I have an address for them as that is where I sent my original claim for compensation. When I first emailed them, they said all claims must be sent to their postal address. I'm not sure whether the CAA sent a letter to this address or emailed them.

Yes, it doesn't really matter how you or the CAA corresponded with them, but legal action requires a valid UK postal address.

I've emailed them mentioning the CAA verdict and how they didnt get a response from the airline. I also mentioned about my claim to compensation due to Article 5C.
I got an autoreply to send to another email address and that I will get a response in 3 working days so forwarded the email to this address. Lets see what they say.

thepeopleschamp

@eskbanker Got a call from PIA this morning and they are willing to pay me £110 per passenger which I said will accept. Thanks for your help on this. 

eskbanker

thepeopleschamp said:

@eskbanker Got a call from PIA this morning and they are willing to pay me £110 per passenger which I said will accept. Thanks for your help on this. 

How did they calculate £110?  The regulations would suggest £260....

thepeopleschamp

eskbanker said:

thepeopleschamp said:

@eskbanker Got a call from PIA this morning and they are willing to pay me £110 per passenger which I said will accept. Thanks for your help on this. 

How did they calculate £110?  The regulations would suggest £260....

When I sent PIA the letter for compensation I did it through 'Which' using their travel compensation tool and after I filled in my details it came back with £110 per passenger.
I guess I could have pushed for more but to even get this much out of PIA is something considering they have been so useless.

nigem

I recently flew from LHR to Bali via Doha on Qatar Airline, on a codeshare flight with BA. The first flight was delayed 40 mins at take off, resulting in a 1 minute late landing time. On arrival into the terminal we were given new boarding cards for a later connecting flight and the original ones taken away. We eventually arrived in Bali at 08.10, instead of 22.40, a delay of 9hrs 30 mins. 
Do I claim from BA or Qatar? On their websites, the original 2nd flight number is not recognised now, only the updated 2nd leg.