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Flight delay compensation, all other non-EU airlines

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Comments

  • Caz3121
    Caz3121 Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've asked for compensation for this appallingly farcical service from this supposedly 5 star airline but they have refused, unless I had additional out of pocket expenses (I didn't). I know it's not covered by EU law but does anyone have any tips to get them to be reasonable.

    What compensation did you ask them for?...you cannot expect any airline to willingly pay you compensation unless they have to. I would expect you may get a few of their airmiles if you are a member of their program
    Have you looked to see whether your travel insurance covers the delay?
  • mailman1234
    mailman1234 Posts: 1 Newbie
    edited 14 December 2018 at 12:03PM
    Recently travelled back from Montreal to Birmingham. Flight delayed due to technical issue and missed connection in Brussles. Waited 6 hours and was given meal voucher.
    However, Brussels airline declined my refund request claiming that it was not their fault because I was flying in " air canada " flight.
    Flights was booked through an online agent and the flight even has an Brussels airline flight number.
    I am sure its to do with all the airline alliances, but are we still entitled to compensation??
    please advise.
  • jpsartre
    jpsartre Posts: 4,090 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    EU261 claims are against the carrier operating your flight. Unfortunately, in this case, the operating carrier (Air Canada) is a non-EU airline departing from a non-EU country which means EU261 doesn't apply.
  • Caz3121
    Caz3121 Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    EU261 compensation works by the operating airline and any codeshare flight number or where you purchased it. Air Canada (a non-EU airline) delayed you from Montreal (non-EU) so EU261 does not apply
    As far as Brussels airlines are concerned they do not owe you any compensation as you did not present yourself at the gate for boarding (because of AC delay)
  • I am looking for advice if it is valid proceeding further with a compensation claim.

    We (my wife and I) had a flight from London to Hong Kong, connecting in Dubai with a 1hr connection.

    The flight from London was delayed 20mins (apparently for air traffic control reasons).

    We managed to get to the gate on time (5mins before closing, and there were people still boarding), however Emirates thought we weren't going to make it and had already booked us on a flight 10hrs later. Our boarding passes didn't work, and we we told we could not board and we needed to collect new tickets.

    We were given new tickets, hotel and meals for the period. I protested at the airport but no one helped/acknowledge our inconvenience.

    I've complained on returning home, and been given 15000 miles each. Emirates have said it outside of their control, and due to the delay (air traffic control) they were unable to complete their preboarding requirements, although people were still boarding when we got to the gate. We did have hold luggage which would have complicated things.

    Is their offer reasonable? Or is compensation valid due to their unnecessary preemptive rebooking.

    Thanks in advance to anyone that can help.
  • jpsartre
    jpsartre Posts: 4,090 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I can't answer your question but I've been in similar situations before (proactively rebooked after a delay and denied boarding even though I could have made the connection) and always wondered what role EU261 might play (if any) in these cases. It's sort of a lose-lose situation for the airline but I could see it going either way in court. So if you pursue it, please do come back to update.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Hi Trebor000,

    Assuming your booking was all on one ticket (same airline, bags through booked etc) there are two problems that I can see.

    The first is that the connection time was very tight, any short delay would almost certainly mean a missed connection. However, as the airline scheduled that short connection time for you it remains their responsibility.

    Secondly, it may well have taken 20 mins to become airborne due to take off queues etc. This is inherent within the operations of an airline and something the airline should always take into account where connections are concerned. Again, their responsibility.

    They then made a judgement call that you would miss your connection and made alternative arrangements for you. Unfortunately maybe mistakenly under the circumstances.

    By the letter of the law I believe you are due compensation.

    If the delay caused you to incur other costs this could compensate you for that. However, if it just caused inconvenience and you felt it was handled well it would be your judgement call. Especially if you will also make use of the air miles.

    You could verify your right to claim by entering your details into a couple of delay calculators such as this one at Bott & Co....

    https://www.bottonline.co.uk/flight-delay-compensation/calculator

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • nb88
    nb88 Posts: 10 Forumite
    Fifth Anniversary First Post
    Hi all,

    Firstly, hello everyone :) I’ve been an active reader of the forum for a while but have just made an account to start posting.

    I have an issue regarding flight delay compensation with American Airlines. I was delayed around 2 hours on a flight due to cabin crew being stuck in road traffic, meaning I missed my connection and arrived at my destination 24 hours late. I sent the template to AA and they responded with a rejection, stating extraordinary circumstances.

    I searched for any similar case and could only find staff sickness, which appears to not be classified as an extraordinary circumstance. I would imagine that staff being late due to road traffic is also then the responsibility of the airline.

    Has anybody had a similar case as this or have any advice that may be useful?

    Many thanks for any assistance

    Neil
  • You don't say where you were UK or USA. Put your flight details into EuClaim and bottonline and see what they say or post them here for someone to take a look for you
  • nb88
    nb88 Posts: 10 Forumite
    Fifth Anniversary First Post
    Thanks for your response.

    I checked using EUClaim and it came up with!“Good news! You could be entitled to 600eur per passenger!”

    It was a flight from London to Miami that was delayed and I missed my subsequent connection to Monterrey and took the next flight, 24 hours later.

    I have no doubt I’m entitled to compensation based on the delay time, departure & destination, etc. - just seems that the airline believes late cabin crew counts as ‘extraordinary circumstances’

    Thanks again:cool:
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