Flight delay compensation, all other EU airlines

JPears

Alas maryju I fear any valid compensation claim you have will be scuppered by the Swiss country and airlines attitude to the regulation.
Whilst 261/2004 is recognised by Switzerland, as they are not an EU country, they pick and choose what aspect of the regulation they adhere to.
If any change/updates/clarifications were made after 2006, they tend to ignore them (although local courts are free to consider and apply them)

To my mind you were denied boarding on your second leg as Swiss air didn't get you onto your second flight on time despite presenting yourself at your first check in at Mumbai on time. However the concept of multileg, single journey was really only clarified in the Gahan case last year, so the Swiss will ignore it.
They may well regard your case as a delay. Again the Swiss will ignore this as a delay being the same as a cancellation was only established at a later date, 2009 (Sturgeon).

You could try referring the case to SOP, the Swiss ADR, but members on this forum have reservations about its efficacy.

BobbyMcKenna

Hi everyone,

We booked a return from London Gatwick to Vienna with Kiwi for September. The outbound flight was with LEVEL and return with Lauda. Both flights were direct flights originally.

The morning before we were due to fly we got our boarding pass to see that the flight was now departing to Barcelona and after a 4 hour stop over heading to Vienna. So we'd be getting in about 6 hours later than intended and with an extra flight included.

As much as I liked the idea of a few hours in Barcelona, this wasn't ideal. Called both Kiwi and LEVEL to be told it wasn't their responsibility in terms of a refund or alternative direct flight and so we'd have to take that flight or book a new one. LEVEL did say they informed Kiwi back in August of the change but Kiwi just didn't update our booking.

Does anyone know my options here? This is the first time it has happened so not sure if this is just a lesson of don't book with Kiwi again or does this happen with all carriers and you just take the hit and move on? Anything I can do to mitigate against this happening again?

We rebooked a new flight in the end.

Cheers,

Bobby

JPears

I believe that agents, such as Kiwi, may have a joint liability now for delays and cancellations.
Ultimately LEVEL failed to inform you, as is their obligation under 261/2004, so claim for compensation under regulation 261/2004.
Lesson learnt? - don't use an agent unles there is compelling reason to do so.
Fares are rarely cheaper than going direct to the airline and websites such as Kayak and Skyscanner are god at finding flight options.

SteveandLaura

Hello - looking for some help.

My easyjet flight home from Geneva to Luton was cancelled due to air traffic control delays and the crew timing out. I understand that I am not eligible for compensation but that I am eligible to claim expenses.

Easyjet could not offer me a flight and we were advised to find our own route home and claim the cost back.

I took the train as this was the only way to get home within 48 hours. The train cost me £500. EasyJet have offered me £300 as this is the maximum amount that their policy allows. I have rung up and in addition they have offered me free passage of my bike on a future flight (a future promise of £70 value that I am unsure I will ever need).

How can I appeal? I just want the £500 train fare covering. It doesn’t seem right that they have a max value which I can’t find published anywhere and doesn’t cover the costs incurred when I had to get home after my flight was cancelled.

Thank you in advance for any help/advise you can provide.

This doesn’t seem fair.

Caz3121

have they refunded the flight?

JPears

There is no max value, just reasonable. This is as definable as the length of a piece of string.
You are the re-routing expenses AND a refund.
However I believe you due compensation. ATC might be an EC but delaying you by at least 48 hours without offering you alternative is another hurdle the airline must get over before they can deny compensayion.
YTime to get a deadlock letter and go to CEDR

Potticus

Morning everyone,

Due to the cancelled/rescheduled flight a couple of weeks ago I have an email from Wizz Air offering 480 euros to my Wizz Air account (presumably offering 480 instead of 400 so I take the credit option). I however would like cash compensation of 400 euros. I have written a letter including all the required information but they will not accept it unless it I do the following:

"According to the new regulations of EU 679/2016 General Data Protection Regulation (GDPR), we will need you to add the official documents to a password protected archive, so that we can assure the security of your personal data.

The steps you need to take are the following:

• Write the details in a Word document;
• Add to archive the document;
• Protect the archive with a password;
• Attach the password protected archive to your reply;
• Send another email that will contain the password with reference to your case ID number and PNR"

Any idea what they would actually like here - I'm thinking a passport protected WinRAR file?

Thanks!

JPears

Personally I think they are just making it as difficult as they can, possibly in the hope you will take the credit option.

legal_magpie

It depends on whether you are likely to take another Wizz flight in the near future as if they go bust you will lose out

LGilland

Advice sought:
I booked for 2 adults and 2 kids through BritishAirways.com a return through ticket from Aberdeen to Heathrow to Miami to Orlando. (All were BA flights aside from Miami-Orlando (return) which was American Airlines although a BA flight number). Coming home flight from Orlando to Miami was delayed over 3 hours due to a mechanical fault thus missed connection in Miami resulting in an overnight stay in Miami (with no luggage). AA gave us hotel and $12 meal voucher. We were booked on another flight from Miami on Virgin Atlantic 22 hours after our original Miami flight and then on a Flybe flight to Aberdeen. We arrived home approx 22 hours later than we should have. Can I claim since the journey was all bought under one ticket? If so, who should I claim against - AA or BA? Can I also claim for airport meals we had to have in the 22 hours we were in Miami? Also paid BA extra to get seats together on the long haul flight which we couldn’t get on the Virgin Atlantic flight we ended up going on - can I claim for that?

Any advice is much appreciated - from what I have read on Moneysavingexpert site having one through ticket may make a difference as opposed to if the flights were bought separately. Thanks in advance.