Flight delay compensation, all other non-EU airlines

Tyzap

Hi James,

The flight that you saw leaving GLA on 2nd March was the delayed EK28 from the previous day.

It had diverted to PIK on 1st, night stopped and then flew to GLA a few hours before it departed to DXB.

EK27/28 did not operate on 2nd March.

This answers some questions but does not really affect your right to claim compensation. The top and bottom of it is that your flight was cancelled in anticipation of bad weather at GLA.

The regs say the following...

However, compensation does not have to be paid if the carrier can prove, in accordance with Article 5(3), that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken29.

However, as your flight was cancelled in anticipation of snow problems at GLA, it cannot be an EC imo.

The CAA say...

Less than seven days’ notice:

If you received less than seven days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:

If your new flight arrives more than four hours after your original flight, you can claim €600 – no matter what time it departs.

This is what Bott & Co solicitors say about cancellations...

Flight Cancellations Due To Bad Weather

Flight cancellations are most commonly caused by bad weather conditions at either the departure airport or at the arrival location.

Sometimes the bad weather affects a flight on an earlier route so even when the weather is okay the departure and arrival airports the flight could still be cancelled.

If there has been a flight cancellation due to bad weather you might still be able to claim compensation as long as the weather isn’t considered ‘freak’ and therefore an ‘extraordinary circumstance’.

We’ve seen instances in the UK where severe fog has caused a number of cancelled flights in may airports. These cancellations are usually as a result of the Air Traffic Control decisions to restrict the number of planes taking off and landing in bad weather for safety reasons.

If the cancelled flights are as a result of an Air Traffic Control decision then it may be more difficult to recover compensation.

Good luck.

James_Blonde

Yes, I was noticing a discrepancy between the tail numbers of the 2 flights, was going to look into a bit more once I got home, so I think you've explained the difference nicely! Thanks Tyzap!!

So that does actually tie into my original theory a little... interesting!

It's odd - I was originally half thinking that the weather conditions might not actually be relevant to the claim, as it was more based on the Emirates flight actually flying, but perhaps there is some relevance in the actual and forecast weather conditions, as well as flight operations actually happening.

Tyzap

Yes, I think that ties up most of the loose ends and narrows the validity of your claim down to a single question, whether a cancellation in anticipation of bad weather qualifies as an EC. It took some time but we got there in the end.

Have you tried entering your flight details into a couple of online flight delay calculators. Botts requires your connection flight details too, so I cannot do it for you. This would give an idea of what they feel about this question.

Good luck.

DrChrisG

I'd be very grateful for your thoughts/comments on this situation, and how best I should move forward.

I had booked flights to/from Bali for my honeymoon. These were booked through skyscanner, and were listed as flights with BA, although operated by Qatar. The flight in both directions involved a brief change in Doha, but without collecting luggage/ re-booking in.

On the return journey, after the listed departure time, the flight was cancelled, due to technical issues. We were put onto a subsequent flight, roughly 18 hours after we were due to depart, and after a longer change in Doha, arrived back in the UK roughly 21 hours after our scheduled arrival time.

British Airways have declined my request for compensation, stating that the flight was operated by Qatar and I should approach them. Qatar have stated that are unwilling to offer reimbursement of costs. My travel insurance does not cover delays and cancellations.

What would be my best route forward, or should I just accept this as a road to nothing?

I have told BA that they were the marketing airline, and therefore my contract is with them. Also, since neither Bali nor Doha are in the EU, does the flight count as one (Bali -> London), or two separate flights (Bali -> Doha, Doha -> London)? I appreciate I have two flight numbers and travel on two planes, but I booked to fly from Bali to London - perhaps I'm wishful thinking.

I look forward to your comments, and many thanks for your time in advance.

Chris

Justice13075

Non EU airline flying from a non EU airport means no compensation under EU261/2004

Tyzap

Further to above.

Responsibility lies with the operating airline, not who you booked with. Had you travelled on BA metal then you would have qualified for 261 compensation of 600 euros per passenger.

When making a booking it's always worth bearing in mind whether you would qualify for EU261 compensation if things go wrong.

Jcharlie

Hi all,


Me and my partner recently flew from Birmingham to Bali, with a connecting flight in Qatar. However we were sat still on the plane on the runway in Birmingham for over 3 hours with a technical fault, which resulted in us missing our scheduled connecting flight in Qatar. Upon arrival in Qatar, we were immediately given new boarding passes for the next available flight free of charge (5 hours later). We then arrived in Bali a lot later than scheduled and missed our airport transfer to our hotel and had to catch a rather expensive taxi.


I'm just wondering whether we are still entitled to compensation for the delay if we were put onto the next flight free of charge? One thing worth mentioning is just how poor the communication was between the pilot and cabin crew and subsequently the passengers. This was our first long haul connecting flight so we was panicking for 2 and a half hours not knowing what the consequences were and whether we'd even make it to our destination until they reassured us that we'd be put onto the next flight...


Thank you and any advice would be greatly appreciated.

jpsartre

Jcharlie wrote: »

I'm just wondering whether we are still entitled to compensation for the delay if we were put onto the next flight free of charge?

Yes, one thing has nothing to do with the other. If you were delayed for more than 3 hours at your final destination and extraordinary circumstances did not obtain you are entitled to compensation. Technical issues are almost never extraordinary so on the face of it you have a good case for a claim.

laticsforlife

4 hours long haul (at your final destination) means 600EUR each person under EU261/04 - find a claim form and get it sent to Qatar Airlines.

weemee42

Hello. Ok so me and my hubby n kids flew on 19/06/18. From Glasgow to Huntsville Al via Toronto and Houston. We booked through kayak. Our connecting flight from Toronto to Houston was delayed. Firstly we were told a crew issue then the plane was delayed flying in from elsewhere. Then weather although we saw no evidence of bad weather. It resulted in us being delayed to our final stop by over 5 hours.
I filed a claim with ur online email letter. They have denied it saying it doesn't come under the EU flight delay rules. Offered us $150 off our next United flight. Should I accept or fight?
On our way home we flew from Huntsville Al to Washington where our connecting flight was cancelled quickly due to a sudden storm. Hours of waiting in line ensued to find out what would happen. We tried calling on our mobiles the number we were given and got my daughter - who now lives in Huntsville- to call too. We were put from Washington to Frankfurt 10 hours later and then should have gone from Frankfurt to Glasgow however after emailing a confirmation of new travel United cancelled 3 of the Frankfurt to Glasgow tickets no explanation. The staff at Lufthansa managed to get us on the flight just. My 2 teen boys have autism adhd and anxiety disorder. The fact that we were all separated from end to end in flight the uncertainty and stress caused them lots of stress. Do i claim.or complain about this? Unforseen storm yes no one's fault but to cancelled all flights within the hour seemed fast when the storm stopped before it was cancelled. Any advice welcome please.