Flight delay compensation, all other non-EU airlines

Tyzap

As you were rerouted the following rules will apply.

Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accord- ance with Article 8; and
(b) be offered assistance by the operating air carrier in accord- ance with Article 9(1)(a) and 9(2), as well as, in event of re- routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2.
explanation shall be given concerning possible alternative trans- port.
When passengers are informed of the cancellation, an
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

BetterLateThanNever_2

Thanks for this.

To make sure I am understanding this clearly then, as my rescheduled flight left over an hour before my original flight then therefore I am entitled to compensation?

Thanks

Justice13075

My Mistake I am reading it as if the 9.30am flight was the following day.

Tyzap

BetterLateThanNever wrote: »

Thanks for this.

To make sure I am understanding this clearly then, as my rescheduled flight left over an hour before my original flight then therefore I am entitled to compensation?

Thanks

Yes, but if you arrive less than 4 hours after your original scheduled arrival time the airline can reduce the compensation by 50% under the following regulation.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1 500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1 500 and 3 500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

HOWEVER, as they took you to Newark airport and not JFK you need to add the transfer time, from Newark back to JFK, to your total delay time (even if you didn't actually do it). If, which I suspect, you would have still arrived at JFK less than 4hrs late, the 50% reduction rule will apply, i.e €300 per passenger.

Put in an EU261 claim to Delta and see how they handle it, probably found on their website somewhere.

Good luck.

hartynoll

Hi All, hope you guys can help.

I booked a flight from Colombo to Cardiff on Qatar airways, connecting in Doha with a 50 minute transit. There was a delay in the flight leaving Colombo as a passenger was sick but the pilot made up time and we got to Doha 30 minutes before the transit flight to Cardiff.

When we arrived, there was nobody from Qatar Airways on hand to usher us through security etc, despite them assisiting other connections to Manchester, Oslo etc. Nevertheless we got to the gate on the last call. There were still passengers boarding, but the 3 families from the Colombo flight were told that we were not allowed to fly as they had not transferred our baggage.

We were sent to the Customer Desk and given two options. One was to wait for the next direct flight (in 30ish hours time), with a hotel provided (but we were not allowed the hotel for another 6 hours), or wait for a connecting flight in 6 hours time to Amsterdam, then a 3 hour wait to fly to Cardiff.

We all decided to go with the latter as it would get us home quicker. However, when we boarded the flight, I was told that we had been bumped in Amsterdam as well, with another 8 hour wait for the next flight to Cardiff. I was fuming with this as we were travelling with an unwell 2 year old, the other couples were childless or with older children.

My questions are as follows:

1. Am I eligible for compensation as this was not a cancelled or delayed flight?
2. If so, would this be one or two claims? As I was delayed 8 hours in Doha and a further 8 in Amsterdam
3. Aside from the EU policies about flight delays, am I able to query compensation from Qatar Airways regarding their awful customer service as well? Aside from no communication about not being able to board the flight until we rushed to the gate, we were also given no food or drink for 3 hours, no lounge access until an hour before the flight (in Doha). We were also lied to about the connecting flight from Amsterdam, as if we had known it was an 8 hour wait we would probably have stayed in Doha until the next day.

Any help is appreciated guys

jpsartre

EU261 (roughly) does not apply to non-EU airlines departing from a non-EU country so there's nothing to claim for the flight from Colombo. Did you get a boarding pass for your (original) flight from AMS to CWL? If so, you might be able to claim denied boarding compensation from the carrier that operated that part of the journey (KLM, I assume?).

hartynoll

jpsartre wrote: »

EU261 (roughly) does not apply to non-EU airlines departing from a non-EU country so there's nothing to claim for the flight from Colombo. Did you get a boarding pass for your (original) flight from AMS to CWL? If so, you might be able to claim denied boarding compensation from the carrier that operated that part of the journey (KLM, I assume?).

Ah thats a real blow! We didn't have boarding cards but do have an email from Qatar guest relations confirming that we were booked on the 4pm flight then bumped until 9pm

jpsartre

hartynoll wrote: »

We didn't have boarding cards but do have an email from Qatar guest relations confirming that we were booked on the 4pm flight then bumped until 9pm

You probably need to check with KLM that the booking was confirmed at their end. Did you get a booking reference or e-ticket number? If the booking was confirmed with KLM and if you were bumped due to the flight being overbooked, then you'll be due €250 each.

cg87

Hello,

On the advice or another MSE member I made a claim through RESOLVER for an AirMaroc flight delayed for more than 3 hours. Air Maroc immediately responded by asking me to submit such claim through their website and sent me a link to their claims page.

Im not sure what I should do since my impression is that I would be leaving the Resolver team to deal with AirMaroc directly. I could find no advice on the RESOLVER site as to what to do in such a case. What would be your advice?
Many thanks in advance!

Justice13075

How long have resolver been dealing with this?, in any case, complete their online form