Flight delay compensation, all other non-EU airlines

jpsartre

weemee42 wrote: »

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?

IMO this is unlikely to qualify for compensation under EU261, even with the recent ruling from the ECJ. It's a flight entirely outside the EU on a non-EU airline and your flight out of the EU was on another airline. That said, I expect future court rulings are needed to clarify this.

weemee42 wrote: »

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.

You can complain but there's no claim for anything under EU261.

JPears

Welcome.
1 please post on the relevant airline thread. Creating your own makes board navigation very difficult and your post will just disappear into oblivion.
2. When you repost, put all your flight details for outbound -airline(s) dates times etc

3. Download Vauban's superb guide.

Alexin1970

Good Morning to All,


I would like to check if the same rules for cancelled flights and compensation applies for the return flight too.


I will explain below my situation:
We were due to fly to Phuket , Thailand on the 25th June 2018 and coming back on the 10th July, however when I have tried to do the check in with Turkish Airlines my booking was there but it displayed an error , called them and they told me to deal with Expedia .


This happened on the 17th June 2018 , around 7 days prior to departure, so I contact Expedia and they inform me that the return flight is cancelled ( No reason for cancellation supplied ) and they will offer a replacement flight Free of charge ( very nice of them :rotfl:) . There has been No delay for the departure flight.



The itinerary was: London Heathrow > Istambul Turkey > Phuket and of course vice-versa for our return flight.


The replacement Return flight offered had a 6.30 hours delay compared to the initial flight booked .
I am aware that I should have received at least 14 days cancellation notice , however I did not receive any notification from neither Expedia nor the Turkish Airline, in fact I found out myself 7 days prior to departure that my return flight was cancelled as I was not able to do the check-in till I accepted the new Return flight arrangement .


The return flights cancelled were:
Phuket to Istambul

then Istambul to Heathrow.


Therefore my question is if somehow we are still entitled to compensation as what really annoys me is the lack of communication , in fact no communication at all. If I was at least notified it would have been a different story.



Looking forward to your replies..


Alex

Caz3121

if the cancelled flight was for 10th July. The 14 days prior would be 26th June - it is the time before the affected flight that counts - they likely would have tried to contact before this date if you had not noticed first
As your delay was outside the EU on a non-EU airline there is no EU261 applicable for the return

peter_333

Update on my TAP flight cancellation claim. It is now over 10 weeks since I first filed my claim, and I have heard nothing at all from TAP. It has also just gone 2 weeks since I sent them an NBA letter, in which I gave them 14 days to reply.

Is my next step MCOL, or should I be using Aviation ADR first? Reading this document from the MoJ, it suggests courts may expect claimants to have attempted ADR before starting with a court action:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Alexin1970

Thanks for the clarification ..

JPears

peter_333 wrote: »

Update on my TAP flight cancellation claim. It is now over 10 weeks since I first filed my claim, and I have heard nothing at all from TAP. It has also just gone 2 weeks since I sent them an NBA letter, in which I gave them 14 days to reply.

Is my next step MCOL, or should I be using Aviation ADR first? Reading this document from the MoJ, it suggests courts may expect claimants to have attempted ADR before starting with a court action:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

I don't think in the case of compensation or expenses claim ADR is required.
There is no argument about the amount that is due as it is a fixed amount by law.
You could wait another 8 weeks before you are able to refer to an ADR then another month or 2 before you get a decision which may or may not go in your favour, even with a seemingly valid claim.
Then have to wait weeks or month with continual hassle to get your money.

And you are back to square one with MCOL.

The disagreement is as whether its due or not.
Airlines systemically tend to deny payment even when its a valid claim.

peter_333

Thanks JPears.

One more question regarding MCOL... Their claims guide literature, and Vaubans guide, suggest that MCOL can only be used for cases with a single claimant. There were two of us travelling on the same ticket who were affected by the cancellation. So would this count as:

- A single claim / claimant, as I'm making a claim against 1 ticket, in which case I should use MCOL?
- Two claimants, in which case I need to use the paper claim system?

JPears

Its a grey area. Others know better than me.

PomBear

If there is more than one claimant, technically you do need to make a paper claim.