Flight delay compensation, all other non-EU airlines

cinek83

Hi,

I was flying from Colombo to Rome(original destination was Warsaw).Our flight was delayed 5h40 minutes I had missed my flight to Warsaw(flight from Rome to Warsaw has been rebooked by airlines few hour later). I have sent EU complaint form (EC) 261/2004 to Sri Lankan. They have sent email back saying:

"We confirm that the said flight was delayed by 05 hours and 40 minutes due to operational reasons. We appreciate your understanding that delays due to operational reasons are inevitable at times and such situations are not exclusive to SriLankan Airlines, although we try our best to ensure minimum inconvenience to our valued passengers in such situations.

Reports called in confirm that all passengers were taken care of during this entire period of delay by providing meals and assistance as necessitated by the circumstances. Nevertheless please accept our apologies for any inconvenience you may have faced during this occasion.

Further we would like to bring to your kind information that as per article 3 of the EU regulation 261/2004, it is only applicable to passengers departing from an airport located in a EU country to which this regulation is applicable. As such compensation under this regulation is not applicable for flights disruptions out of Colombo.

Accordingly this regulation is not applicable for the flight UL581/26th April 2014 as this flight disruption has taken place ex Colombo . Hence we regret our inability to accede to you request for compensation in line with EU regulation favourably."

Under EC 261/004 regulations flight was to EU airport. What should I do in this situation?

Thanks

Caz3121

cinek83 wrote: »

Accordingly this regulation is not applicable for the flight UL581/26th April 2014 as this flight disruption has taken place ex Colombo . Hence we regret our inability to accede to you request for compensation in line with EU regulation favourably."

Under EC 261/004 regulations flight was to EU airport. What should I do in this situation?

For EU regulations, the affected flight has to be departing an EU airport (where it arrives is not relevant)
The exception is for EU airlines which are covered departing or arriving the EU

Sri Lanka is not in the EU and SriLankan are not an EU airline so they are correct that you cannot make a claim under 261/2004

cinek83

Caz3121 wrote: »

For EU regulations, the affected flight has to be departing an EU airport (where it arrives is not relevant)
The exception is for EU airlines which are covered departing or arriving the EU

Sri Lanka is not in the EU and SriLankan are not an EU airline so they are correct that you cannot make a claim under 261/2004

Thank you for answering my question, it was very helpful.
Is it any different regulations as we can apply for compensation?

Caz3121

cinek83 wrote: »

Thank you for answering my question, it was very helpful.
Is it any different regulations as we can apply for compensation?

You could try your travel insurance policy but many tend to be pretty poor...eg £20 for each 12 hour delay...

Foster7101

We put a claim in 3 months ago to Pegasus, sent letters chasing and no response at all. The letters are going to the address listed on their website which is abroad, costing me more money. We've contacted the caa to see if there is an English address. Anybody else having a problem with contacting Pegasus. Thanks

Vauban

Foster7101 wrote: »

We put a claim in 3 months ago to Pegasus, sent letters chasing and no response at all. The letters are going to the address listed on their website which is abroad, costing me more money. We've contacted the caa to see if there is an English address. Anybody else having a problem with contacting Pegasus. Thanks

If they have no effective presence within the UK (or indeed the EU) how will you bring a court action against them if (when) they refuse you compensation?

Vauban

5 minutes of googling finds these email, phone and correspondence addresses, including info on claiming for flight delays:

http://www.flypgs.com/en/faq/passenger-rights.aspx

Deniwhit

Hi, I am trying to again claim for a 15+ hour delay back in 2009 we were kept on the flight for 4 hours at Heathrow before being put into a hotel. I tried to claim in 2009 and was told no as it was a technical fault. I am reclaiming now after the ruling but do not have my boarding pass or e-ticket, does this matter or will they reject it again because of that. I still have their original email rejecting my claim back in 2009? Appreciate any help from this forum

McKneff

I would think they would probably reject it again....


After 5 years, it is probably time to move on, my friend...

timbers

Hi, I was wondering if someone could give me some advice on a flight with Thai. Me and my wife were meant to fly from Heathrow to Bangkok in July last year and then connect onto Hong Kong to see the in-laws who live there. We only had 4 days there before heading back to Thailand and Phuket for our holiday.

Things went wrong when the Heathrow flight was cancelled, we were told at the airport it was due to a fault with the engine and that the only option that they were waiting for parts. It was an evening flight so we were made to queue with Servisair for 3 hours in the heat and then were assigned a hotel for the evening and told to ring at 7am the next morning to find out when the flight was leaving. In the morning, after being on hold for over an 90 mins (costing £40) on a mobile phone, we were told that the parts had not arrived and that they would arrange alternative flights. Eventually, we were flown by BA to Tokyo, later that day, had to wait, 6 hours in the terminal and then flown to HK. Overall, we arrived in HK, 25 hours late.

When we got back after the holiday, we contacted Thai customer services, they now told us that the fault was due to a baggage lorry hitting the plane and thus it was 'extenuating circumstances' and thus we could not get any compensation. We then appealed with the CAA (to find out if that actually was the reason) and after waiting a few months, they just referred it back to Thai reopen the case. A year later, we have eventually got an offer from Thai (after issuing a small claims application) of $400 in form of a goodwill gesture due to the inconvenience we received.

I think it is probably better to take the money and draw a line under the issue or are they just fobbing us off with a cheaper option than paying the correct compensation. They do say the CAA has now shut the case.

Many thanks for any advice offered.