Flight delay compensation, all other non-EU airlines

Caz3121

probably best posting on the Easyjet thread https://forums.moneysavingexpert.com/discussion/4384709

HollyGates93

I have just looked through my ATOL Certificate again and it does say package sale on it, would this mean that STA Travel are responsible for the whole trip i.e hotels, flights and transfers booked?

leylandsunaddict

HollyGates93 wrote: »

I have just looked through my ATOL Certificate again and it does say package sale on it, would this mean that STA Travel are responsible for the whole trip i.e hotels, flights and transfers booked?

Who has issued it and what's the Atol number on it?

fabfor

It's complicated ...
1. My wife and I were due to fly from Heathrow to Mauritius on 2.1.2012 but the flight was cancelled by Air Mauritius on the day. We can't remember the reason, if any, given for the cancellation at the time. We flew out on the following day, 3.1.2012. We've (only!) recently tried to claim compensation for this delay but Air Mauritius have stated that it was due to bad weather in Mauritius. We don't believe them and a Google check shows good weather:
https://www.wunderground.com/history/airport/FIMP/2013/1/2/DailyHistory.html?req_city=Mauritius+International&req_state=&req_statename=Mauritius&reqdb.zip=00000&reqdb.magic=131&reqdb.wmo=61990.
2. The rescheduled flight on 3.1.2012 developed problems over Turin and had to land in Paris for repairs to its weather radar. This caused a 5 hour delay to our arrival in Mauritius.
3. Air Mauritius have offered us €600 each "in full and final settlement" - without actually specifying which part(s) of our claim this relates to.
We're relieved to be getting something after all this time but can't afford to turn our backs on the extra compensation, if we're entitled to it (are we?).
So, is the weather report above strong enough to disprove Air Mauritius' statement or can anyone think of a better way of finding the truth, one way or another?
Thanks in advance for all helpful suggestions. Frank.

Tyzap

Hi Frank,

You're only entitled to one set of compensation. You could say it's a further delay to a delay. Plus you didn't pay for the second flight, so again it wouldn't qualify for that reason too.

Good luck.

fabfor

Thanks for the quick reply, Tyzap; much appreciated. For the record, I used Resolver and would recommend it highly.

fabfor

Tyzap, a little clarification please. Having slept on this, I've having second thoughts, bearing in mind that this is about compensation for being inconvenienced (and not about refunds). Firstly, our flight was cancelled so no doubts about compensation for that. Then the second flight was delayed by 5 hours. Suppose this were to happen repeatedly? Would only one set of compensation be payable then? Thanks, Frank.

fabfor

Correction: there is doubt about the cancellation part of the claim because the airline is claiming 'bad weather'.

Caz3121

one set of compensation. This is based on the scheduled arrival time of the ticket you purchased v's your actual arrival time at the destination.

.... The exception would be - if on the cancellation you opted to not have the airline reroute you and take a refund you would then have closed the case on that flight (the airline would have no responsibility to provide you with accommodation, refreshments etc)
You then buy a new ticket (probably more expensive than the original ticket) for a flight with a new scheduled arrival time which forms a new contract so if that is delayed then there would be a new claim

Tyzap

fabfor wrote: »

Tyzap, a little clarification please. Suppose this were to happen repeatedly? Would only one set of compensation be payable then? Thanks, Frank.

Hi Frank,

Yes it would.

This can also happen in reverse, in the case of a long lay over at a connection.

For example, You have a 5 hour lay over but get delayed leaving your original departure point by 3.5 hrs. 'Normally' this would trigger compensation. However, due to a 5 hr lay over you still catch your connection and arrive at your final destination on time. So no compensation due.

It's not clear from your original post which delay caused the airline to offer compensation but that is irrelevant in this case.

Good luck.