Flight delay compensation, all other non-EU airlines

Nonshy

I booked to fly to Bali from London Heathrow via Jakarta on 7th June for £824 (2 adults).

On Monday the travel agent called to say my LHR to Jakarta flight had been cancelled and they could put me on the 11am same day which is 2 stops (LHR - Amsterdam - Jakarta - Bali).

They wouldn't advise why cancelled.

I am flying Nice to LHR that day and don't arrive until 5pm (cancelled flight was due to take off at 930pm) and the alternate was 11am that day, so obviously that doesn't work for me!

They could fly me out 48 hours later... but accommodation is already booked and paid for (non-refundable).

To rebook with another airline is now £1,050 so £226 more expensive and the refund of my £824 takes 4 to 5 WEEKS!

I always get holiday insurance but normally the week before... so nothing available through them.

Looking on the internet it seems I have little rights!? They can just cancel a flight and offer another route then pay me back when convenient if not suitable?

Tyzap

Nonshy,

No compensation due I'm afraid.

There are a myriad of different ways to route to Bali, so negotiate with your travel agent explaining your LHR arrival time. Get them to look for alternatives that are acceptable to you.

My friends arrived back this AM and they flew via Turkish Airlines from UK and then a couple of connections via code share partners.

Good luck.

JPears

Unfortunately, in a word - yes. If they had given you less than 2 weeks notice you would have been due compensation.
Did you mean June? Or October?
Can you make an earlier flight from Nice to catch the 11 am?
If you take the refund then I would insist they make immediate payment given the massive inconvenience and expense they have caused you. They have no problem with taking your money immediately so the reverse should apply. And get that in writing/email.
And an advantage of annual travel insurance - you're always covered, to an extent.

Vauban

Nonshy wrote: »

I always get holiday insurance but normally the week before... so nothing available through them.

No use for you, but for others reading this always buy your insurance as soon as you book the holiday - waiting until the week before you travel is daft, as you carry all the risk up to that point (and it is no more expensive to have it cover the full period). Or, as JP says, get an annual policy, which is often worth it if you plan to travel twice a year.

Nonshy wrote: »

Looking on the internet it seems I have little rights!? They can just cancel a flight and offer another route then pay me back when convenient if not suitable?

Yes - that's about the gist of it. You might just want to double check with the airline though that the flight has been cancelled. I have read of some unscrupulous travel agents claiming cancellations, when the truth is that they've simply found a cheaper (if less convenient) flight that gives them better margins. Worth a check, at any rate.

Nonshy

Thanks for the responses... seems a bit unfair airlines can just cancel flights and put others at a financial loss. I cancelled the flights with Garuda Indonesia via Travel Trolley... I would avoid Travel Trolley at all costs... never booking with them again!

I booked with Qatar Airways and going via Doha.... cost me another £150 but stress over!

Thanks again

silvercar

I have a similar case. One ticket from LHR (London Heathrow) to SYD (Sydney) with MH (Malaysia Airlines). Change of plane in Kuala Lumpar. The second flight was delayed about 4.5 hours.

I know, non-EU airline on a flight that departed from a non-EU airport, but the single ticket was from London and both flights were with the same airline.

I haven't yet fully established the reason for the delay, but assuming it was something that would lead to compensation if it was within the EU, would it be eligible (and secondly would the NWNF companies touch it)?

Tyzap

The regulations state the following...

vii. Compensation for late arrival in the case of connecting flights.

The Court43 takes the view that a delay must be assessed for the purposes of the compensation provided for in Article 7 of the Regulation, in relation to the scheduled time of arrival at the passenger's final destination as defined in Article 2(h) of the Regulation, which in the case of directly connecting flights must be understood as the destination of the last flight taken by the passenger.

In accordance with Article 3(1)(a), passengers who missed a connection within the EU, or outside the EU with a flight coming from an airport situated in the territory of a Member State, should be entitled to compensation, if they arrived at final destination with a delay of more than three hours. Whether the carrier operating the connecting flights is an EU carrier or a non-EU carrier is not relevant.

None EU airline don't like this tho and usually fight it all the way. Where the case ends up in a court there have been mixed results but the regs have been clarified (as above) so it's still worth having a go.

Good luck.

Vauban

Is this text from the document the European Commission published earlier this year, interpreting the Regulation? This document has no legal status, presumably, but could be persuasive if put before a judge?

Tyzap

Vauban wrote: »

Is this text from the document the European Commission published earlier this year, interpreting the Regulation? This document has no legal status, presumably, but could be persuasive if put before a judge?

Yes, here is the full document....

http://ec.europa.eu/transport/themes/passengers/news/doc/2016-06-10-better-enforcement-pax-rights/c%282016%293502_en.pdf

AJWatts

Hi guys,

I was hoping someone might have a bit of advice for where we stand, Our trip with emirates was supposed to be as follows:

Gatwick 21:45 to Dubai 07:35
Dubai 09:25 to Lusaka 14:35. (Zambia)
This left us the afternoon and evening where we had booked accommodation and transfers ready for our internal flight the next morning to start our safari.

What actually happened: (we were told there was a problem with the runway and the plane had to go to Heathrow to refuel!)

Gatwick 00:15 to Dubai 10.05 - missed connecting flight, emirates offered the same flight the following day we refused as we would miss internal flight and start of safari.
We found: Dubai 15;55 to Nairobi
Nairobi 23:50 to Lusaka 02:30. - (with kenya airways which emirates did pay for)

So we arrived 12hrs later than scheduled. We were told as we went to the different airports that there would be staff to meet us and help us out when we finally arrived at Lusaka at 02:30. The airport was practically empty,

As we'd missed our transfer and accommodation booking we got a 'private cab' (I think some guys car) to take us to the only hotel that was still open, the Radisson, where it cost us $190 for the room and $25 for the cab, instead of the $80 all in for the guesthouse we booked.

Does anyone have any idea of where we stand? do we get the EU compensation? do we get any compensation for the hotel?

Any help greatly appreciated.