Flight delay compensation, all other non-EU airlines

fabfor

Thanks Caz and Typaz. I'm not being stubborn - and I'm very happy that we'll definitely be getting at least£1000.00 - but it's still not clear to me why successive delays or cancellations should be treated as a single delay or cancellation.
Caz, you've kindly explained that "This is based on the scheduled arrival time of the ticket you purchased v's your actual arrival time at the destination". Could you please point me to the source for this. I've read through Vauban's guide but not all relating documents.
Tyzap, I understand and agree with the example you give but don't see how it relates to my case.
In case it helps, here's the relevant part of the email from Air Mauritius :
"Thank you for your patience whilst we were investigating your case.
Our records show that flight MK057 was cancelled due to bad weather in Mauritius. Your rebooked flight was delayed due to technical issues with the aircraft.
We have fully reviewed this claim in light of the recent court rulings and I am pleased to offer the two travelling passengers EUR600 in compensation.
If you would be kind enough to complete and sign the enclosed release and indemnity form along with your full bank details including IBAN and Swift Code and return it to this office, we will issue our cheque for EUR1200 (equivalent to GBP1032.14 in your local currency) in full and final settlement of this claim."
I sincerely hope that I'm not being tiresome. Again, thank you so much for your help.

Tyzap

fabfor wrote: »

Thanks Caz and Typaz.
Tyzap, I understand and agree with the example you give but don't see how it relates to my case.

Hi Frank,

I wasn't suggesting that it related to your case, just highlighting an example of how quirky the regs can be.

As far as I understand the regulations, you can only claim a second amount of compensation if you are re routed and the re routed flight is also then delayed or cancelled. In your case, which I believe was a delay, you would not qualify.

My understanding of the definition of a re routed flight does not match what happened to you imho. You may want to study the regs and come to your own opinion on that tho.

If you can prove that you were re routed, rather that delayed, then you may be able to claim a second amount of compensation. The only other circumstance, that I am aware of, where this could be the case is highlighted in post 608 by Caz3121.

Good luck.

fabfor

Thanks Tyzap, I've read through Reg. 261/2004 but couldn't find anything relating to these circumstances there; could you point me in the right direction, please?
And yes, I agree that this is a delay, definitely not a reroute.

Vauban

The regulations make clear that compensation is only due to those who have bought a ticket at a fare available to the public. Hence why you don't get two lots of compensation - because you didn't pay for a second flight. Not sure what I can add to what others have already said, except to be glad the airline aren't giving you the runaround and are paying your entitlement quickly and in full.

Tyzap

This extract is from the 'Better Enforcement' document issued by the EC which are Interpretative Guidelines on Regulation (EC) No 261/2004.

Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11). The Commission recommends that options are clearly spelled out to passengers when assistance is to be provided.

It can be found here...
https://www.scribd.com/document/338415299/c-2016-3502-en

Good luck.

Tyzap

Vauban wrote: »

The regulations make clear that compensation is only due to those who have bought a ticket at a fare available to the public. Hence why you don't get two lots of compensation - because you didn't pay for a second flight.

Could it be that, in the case of a re routed flight on another airline, the ticket is bought on your behalf, thus entitling you to a possible 2nd compensation payment?

We seem to be treading new ground here so your opinion is appreciated:)

fabfor

I'll take this opportunity to thank you for your priceless work, Vauban. As intimated before, I'm very grateful for the compensation already assured but I wouldn't feel right (effectively) giving away €1200 without understanding why. Furthermore, in the past, I've been heavily stung by Air Mauritius' small print (in fact, that rule wasn't even printed and might have been invented for all I know!). You state that I didn't pay for the second ticket but I think I did (effectively), not having had the benefit of my original purchase. But I can see I'm trying people's patience so I'll bow out. It's interesting though and, as Tyzap speculates, might we not be treading new ground with this issue of 2nd (or 3rd ...) compensation?
In closing, many, many thanks to everyone kind enough to share their knowledge and experience (and patience!) with those in need of assistance.

Irishflyer

Wondering if anyone has had any experience dealing with united airlines - they cancelled my return to Ireland, a flight on 6th February from Newark to Dublin and rescheduled me to fly out 24 hours later - missed a day's work and incurred additional costs as a result - made a complaint to the airline and only offering a 200 dollar voucher to be used in 12 months which is no use to cover my out of pocket expenses, and I'm not going to benefit from it as I only travel to the states every 2/3 years and no plans to travel in next 12 months so even if I were to "benefit" from their compensation offer I'd be going into my own pocket again

Caz3121

EU261 does not cover flights from outside the EU on a non-EU airline. Maybe check their 'conditions of carriage' and your travel insurance to see what they cover

boatman

Hi, my flight left Heathrow 35mins late, landed in Singapore 28 mins late and missed the connecting flight. There was 1 hour scheduled between the connection, but were denied boarding even though the other flight was still at the gate, they are blaming Heathrow ATC. Is this fair? It was book as one ticket to NZ, got there 16 hours late.
Looking through the last 2 weeks, it seems pretty normal for the flight to leave 20-30 mins after the scheduled departure time.