Flight delay compensation, all other EU airlines

marnold1980

Hello 👋🏻 Am new here and looking for some advice from you lovely people. 

30 November I flew Edinburgh - Dublin - chicago. With Aer Lingus. The Edi-Dub flight was supplied by emerald airlines who are part of aer Lingus. 

My flight was delayed leaving Edinburgh resulting in us missing our connection. Aer Lingus did get us on the next flight later that day.  

I submitted a claim to aer Lingus as we didn’t arrive to our destination until 4.5 hours after scheduled. They passed my complaint on to Emerald airlines who have today replied stating 

“This flight was disrupted due to adverse weather conditions in Dublin Airport on the day, prohibiting the safe operation of the ATR aircraft hence forcing the airline to delay your flight. As per EU261/2004 this is classed as an extraordinary circumstance and on this occasion, compensation cannot be awarded.”

I’m not aware of any adverse weather that day. It was fine when we landed in Dublin. Other flights to Dublin departed Edin on that morning. 

How could I find out what the weather was like? Is there someone to find out the times other flights landed in Dublin that day? 

Any advice or have I no chance of taking further? Annoying as we got to our hotel so late felt like we wasted a day. On the plus side- Chicago is amazing! 

Thanks in advance

eskbanker

marnold1980 said:

How could I find out what the weather was like? Is there someone to find out the times other flights landed in Dublin that day?

You can check flights at https://www.flightera.net/route/EGPH/EIDW/2023-11-30 06_00? - I'm sure I've read on here of weather sites but can't recall the details, will have a rummage....

Edit: it was this I was thinking of: https://meteostat.net/en/

marnold1980

Thank you much appreciated. 

I’ve gone back to them to ask them re the weather. 

Are you aware of where I could check other flights in and out of Dublin that morning? Do you know if somewhere that info would be available? 

eskbanker

marnold1980 said:

Are you aware of where I could check other flights in and out of Dublin that morning? Do you know if somewhere that info would be available? 

Same site, different search criteria, but the fact that their response specifically mentions an ATR aircraft may be significant, i.e. weather conditions may have been problematic for certain aircraft types but not others, or airlines with varying safety policies, so it's not a one-size-fits-all situation....

sujman

Hi

Ref TAP Air Portugal

I requested compensation following a fight delay and below was their response.  I have asked them to confirm if this is their final written response but they either just repeat what they have already said or say "refer to xyz for more info on EU Regs 261/2004"

I tried Resolver but Resolve themselves say TAP do not engage with them.  TAP themselves haven't told me which ADR scheme they use but I think I have found out myself

So I will go through the process and see where it ends up, but anyone had recent experience of getting compensation from TAP when ATC Restrictions have been cited as the reason?

I just wanted assurance theat TAP aren't using a convenient excuse and the timelines and issues are genuine.

We apologize for the delay of flight TP1359 from LHR to LIS on the 20-10-2024.

Of the total delay time of 03:05 upon arrival, 00:28 was due to airspace restrictions. The remaining time that can be attributed to the airline is less than three hours.

All the reasonable measures have been taken in order to minimize the consequences of a situation, which is completely unrelated to TAP Air Portugal. 

In the terms of the EU Regulation 261/2004, there is no compensation in case of extraordinary circumstance and in delays attributed to the airline that are less than 3 hours, as verified in this situation.

We look forward to welcoming you aboard again soon.

Westin

sujman said:

Hi

Ref TAP Air Portugal

I requested compensation following a fight delay and below was their response.  I have asked them to confirm if this is their final written response but they either just repeat what they have already said or say "refer to xyz for more info on EU Regs 261/2004"

I tried Resolver but Resolve themselves say TAP do not engage with them.  TAP themselves haven't told me which ADR scheme they use but I think I have found out myself

So I will go through the process and see where it ends up, but anyone had recent experience of getting compensation from TAP when ATC Restrictions have been cited as the reason?

I just wanted assurance theat TAP aren't using a convenient excuse and the timelines and issues are genuine.

We apologize for the delay of flight TP1359 from LHR to LIS on the 20-10-2024.

Of the total delay time of 03:05 upon arrival, 00:28 was due to airspace restrictions. The remaining time that can be attributed to the airline is less than three hours.

All the reasonable measures have been taken in order to minimize the consequences of a situation, which is completely unrelated to TAP Air Portugal. 

In the terms of the EU Regulation 261/2004, there is no compensation in case of extraordinary circumstance and in delays attributed to the airline that are less than 3 hours, as verified in this situation.

We look forward to welcoming you aboard again soon.

Do you know something to be able to challenge and dispute their reason for the delay?  Their position seems clear that no Compo would be due.

sujman

Westin said:

sujman said:

Hi

Ref TAP Air Portugal

I requested compensation following a fight delay and below was their response.  I have asked them to confirm if this is their final written response but they either just repeat what they have already said or say "refer to xyz for more info on EU Regs 261/2004"

I tried Resolver but Resolve themselves say TAP do not engage with them.  TAP themselves haven't told me which ADR scheme they use but I think I have found out myself

So I will go through the process and see where it ends up, but anyone had recent experience of getting compensation from TAP when ATC Restrictions have been cited as the reason?

I just wanted assurance theat TAP aren't using a convenient excuse and the timelines and issues are genuine.

We apologize for the delay of flight TP1359 from LHR to LIS on the 20-10-2024.

Of the total delay time of 03:05 upon arrival, 00:28 was due to airspace restrictions. The remaining time that can be attributed to the airline is less than three hours.

All the reasonable measures have been taken in order to minimize the consequences of a situation, which is completely unrelated to TAP Air Portugal. 

In the terms of the EU Regulation 261/2004, there is no compensation in case of extraordinary circumstance and in delays attributed to the airline that are less than 3 hours, as verified in this situation.

We look forward to welcoming you aboard again soon.

Do you know something to be able to challenge and dispute their reason for the delay?  Their position seems clear that no Compo would be due.

Hi - No I don't have any other information to challenge their position and from what I have read, there is no way for me to be able to independently verify if ATC Restrictions are the true cause of the delays.

I just ask out of interest, if anyone has been in a similar situation and have found that when fully challenged, the airline reverses their stance.

I read in one thread that going through the ADR process means that the Airline does have to provide more evidence on the ATC restrictions being the reason for the delay and that's all I want.  Not to simply to take their word for it.

eskbanker

sujman said:

TAP themselves haven't told me which ADR scheme they use but I think I have found out myself

It's published at https://www.flytap.com/en-gb/transport-conditions

sujman

eskbanker said:

sujman said:

TAP themselves haven't told me which ADR scheme they use but I think I have found out myself

It's published at https://www.flytap.com/en-gb/transport-conditions

Thanks for this.  What I meant by "they hadn't told me" was I asked the customer service assistant replying to my emails to let me know what their complaints/escalation/ADR process was but she didn't answer that question.  I only said it to let them know that I wasn't going to let it go.

On 2 times asking, the still haven't clearly said that their response is final  - which I believe is something I need before I go to ADR.

Should I (a) wait for a clear statement before I go to ADR, (b) wait 8 weeks or (c) go to ADR now?

1st time asking response:

As previously advised, of the total delay time of 03:05 upon arrival, 00:28 was due to airspace restrictions (extraordinary circumstance). The remaining time that can be attributed to the airline is less than three hours.

In the terms of the EU Regulation 261/2004, there is no compensation in case of extraordinary circumstances and in delays attributed to the airline that are less than 3 hours, as verified in this situation.

2nd time asking:

Please be advised that you may find more information contained in the terms of the EU Regulation 261/2004.

I appreciate your advice on this matter.

eskbanker

I'd suggest making it clear to them that you are seeking a final response, in order to go to ADR, but if they don't play ball then it would probably be best waiting the eight weeks - AviationADR is a glacial process at the best of times and realistically it's highly unlikely that there's any prospect of compensation at the end of it, if they've already asserted a specific ATC-related delay rather than just dishing out a generic fob-off.