Flight delay compensation, all other non-EU airlines

Tyzap

clairemarie6 wrote: »

My question is - can I claim because the section of my flight which was delayed did not involve an EU airport?

I believe technically Yes, but practically no. This is the relevant bit....

(h) ‘final destination’ means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alterna- tive connecting flights available shall not be taken into account if the original planned arrival time is respected;

I don't think there is much doubt that the regs intend this scenario to be covered, but at the moment it's just not enforceable.

As you still have six years left to start your claim I would 'keep your powder dry' and await further developments. Someone at sometime in the future will have to test this type of scenario through the courts.

In the mean time why not take it up with Etihad? you may get some air miles for future use and also get their angle on your delay.

Good luck.

razorsedge

clairemarie6 wrote: »

Thanks Caz for the advice, I'm sure I read on here somewhere (can't find it now, typically!) that because I bought a ticket out of the EU and was 10 hours late to my final destination, this was covered by the regulations regardless of connections. In terms of the hotel, we had booked in advance and should have arrived around 8pm, but didn't actually get there until 7am the following morning so we lost out completely on the first night - insurance company advised me to approach the airline first!

If anyone else has any input, I'd appreciate it before I start arguing my case with Etihad - they ruined the start of a long awaited holiday and I'm determined to try and get some redress, but want to be as well-informed as possible before I start!

Thanks

Vauban posted a link a few weeks ago here about the delayed connecting flight outside the EU on a non EU airline scenario:
https://forums.moneysavingexpert.com/discussion/comment/67571366#Comment_67571366

Caz3121

razorsedge wrote: »

Vauban posted a link a few weeks ago here about the delayed connecting flight outside the EU on a non EU airline scenario:
https://forums.moneysavingexpert.com/discussion/comment/67571366#Comment_67571366

interesting article, the only one I had seen before that was a DLP Piper where, although being a different situation (11 min delay meant missed connection) there was comment around the definition of flights

https://www.dlapiper.com/~/media/Files/Insights/Publications/2013/12/The%20ambit%20of%20EC%20regulation%202612004%20%20Missed%20fligh__/Files/AviationmissedflightconnectionsoutsideEU/FileAttachment/AviationmissedflightconnectionsoutsideEU.pdf

I wonder, in a different situation where someone maybe books to have an 8 hour transit in DXB but has a 5 hour delay meaning the connection is reduced to 3 hours but they still get their existing connecting flight meaning they arrive at their final destination on time.....compensation for the 5 hour delay or not?

Dr_Watson

I really do like....

Tyzap

Housekeeping bump from page 3.

rojanich

Can I just run this one past the experts to make sure I’m not wasting my time ?

We were booked on flight SQ327 (Singapore Airlines) from Manchester which touches down at Munich before going on to Singapore where we should have connected with SQ4281 (actually operated by Air New Zealand) to Auckland arriving at 23.45. The flights were all booked with Singapore Airlines through Travel Counsellors.

The plane arrived into Manchester late, apparently due to having to be de-iced at Munich, and was obviously late with us back to Munich and then into Singapore. We were only about an hour late into Singapore but they said we couldn’t get our connection to Auckland although that flight hadn't actually left the ground. The next direct flight to Auckland was apparently fully booked so they had already booked us onto a flight about about 12 hours later to Auckland via Brisbane. We arrived at Auckland at about 14.20 the day after we should have done therefore 14+ hours late.

So, do we have a legitimate claim ? As the flights are over 3,500k are we just claiming a straight €600 for each of the two passengers ?

I’ve read quite a bit of Vauban’s guide but both it and trying to sift out the ‘not relevant to us’ information is quite daunting. I’ve e-mailed Singapore Airlines for a Compensation Claim form but they say they don’t have them and to e-mail a ‘brief description of the incident and what you are claiming for’.

Any help appreciated.

Alan_Bowen

You may have some difficulties with this. Technically the delay on the flight from the UK was only an hour and the flight to Auckland wasn't late at all, a pity in the circumstances. SQ may argue that the 'delay' occurred outside the EU and with a non EU airline and I believe the no win no fee lawyers won't touch these at all. By all means make a claim but be prepared to have a fight, they may also argue the original delay was due to weather conditions, but that was not technically involving your flight, just the aircraft operating it.

rojanich

Surely the point is though that our Manchester flight took off late (for whatever reason) and because of that we missed our connection at Singapore ? Doesn’t the Folkerts Judgment cover that ?

This judgment from the European Court in February 2013 determined that, for passengers on "directly connecting flights" whose first leg was delayed by less than three hours but who arrived at their final destination at least three hours later than the scheduled arrival time, then compensation under the Regulation is payable.

The initial delay, whether it was the de-icing delay at Munich which made the plane late into Manchester, or the airlines inability to provide an (any aircraft) aircraft to take off on time from Manchester the delay started in the EU.

Federal

Hey folks - I’d like your input on what sort of compensation I’d be entitled on a Qatar flight from London, with final destination being Thailand. Our first flight from London to Doha had a delayed departure due to technical (operational) reasons, and we ended up landing in Doha 3-4 hours late (not sure if it was 4 hours, I have a feeling it might have been a bit less than that, but definitely over 3 hours)

I thankfully had allowed for a 7-hour connection window, so I made my indented flight to Thailand, but had to pay for an overnight hotel that we ended up using for only… 1 hour due to the delay. My question is what can I claim for? I’d like to claim for 400 euros per passenger on the London-Doha flight, regardless if we were actually on our final destination on schedule. Reasons being, hotel cost, losing a working day (could have gotten the later flight that left and arrived on time to Doha), not having time to rest at Doha etc.

Do I have any grounds?

Tyzap

Hi Federal,

The following is extracted from Vaubans superb guide which you need to read.

- If the flight was over 3,500km, you are due €600 per passenger. This last tier can be reduced by 50% (to €300) if the flight arrived less than four hours late.

So you need to find out exactly how late you were when you arrived at Doha. To do that use the Flight Stats web site.

As far as I can discern that is all you would be entitled to under the 261 regulations.

Good luck.