Flight delay compensation, all other EU airlines

Caz3121

you won't get both flights refunded. Depending on the reason for delay you may be entitled to the EU261 compensation plus a refund of your original flight with them
I expect to get alternate flight costs instead you will likely need to try at court
will your travel insurance help with the alternate flight?

bigsur7

Thanks for the response. It was only a 48hr trip, so I didn't have travel insurance.
I'm happy with original ticket refunded and the 261euros comp. But it seems to suggest on CAA and WHICH websites that if your replacement flight arrives within 3 hours of the original then you can't claim Jack?

Put simply, have I dropped a b**lock by booking my own flight so close in time to the original? Would I have been better off booking the replacement flight to arrive at least 3 hours after the cancelled one?

Voyager2002

Strictly speaking, what you should have done was exercised your right to rerouting so that they could have put you on the replacement flight. Assuming that it was not practical to do so, then you can reasonably require them to pay for the replacement flight, as well as any costs you incurred in attempting to communicate with them and making the booking. However, no compensation is due since you arrived more or less on time. Nor should you expect a refund of your original ticket since you did after all complete your journey.

The risk is that they might now process a refund of your ticket in full and final settlement of your claim. So you need to contact them saying that you requested this in error: you now realise that so long as they meet the cost of your replacement air ticket they will have provided your journey home and so no refund is due.

bigsur7

Thanks Voyager, Yes this is my main concern too. It seems unfair that because I acted quickly when they cancelled the flight and rebooked, thus saving them cost of meals/hotels/taxis, I should be £200 lighter!!! But since when have things been fair, huh?!

I got a further text from Norwegian at exactly 22:25 last night (exactly 5hrs after original flight should've left) saying "We are having difficulty arranging alternative transportation, so all reasonable self-sourced alternatives will be paid for". BUT I'm guessing because I arranged my alternative transportation before the 5hr delay period they won't honour their text?

I'll give them a call tomorrow and see what they say.

Oh well, you live and learn! Grrrrrrrrrr!

obraonain88

Hello

I was travelling with Vueling between Amsterdam and Luton on 2nd July 2016 and the flight was delayed over 4 hours (flight number VY8406).

I wrote to them via Resolver and they replied within a week, accepting responsibility and offering compensation. I replied with my bank details but heard nothing so kept writing to them over the last year, with no further reply. This month I contacted them on Twitter and was told my case had been closed, after some chivvying they re-opened it and I received an email stating that the delay was caused by birdstrike, so no compensation was due. I asked for proof as this is contradictory to their original omission of fault, but they didn't provide any - is there a way I can ascertain independently, what was the cause of the delay?

I am rather frustrated to still be spending time on this a year later, particularly if no compensation was ever due, but at the same point I'm not willing to drop this without proof.

Many thanks for any suggestions.

Caz3121

you can try a couple of the nwnf free checkers. EUclaim, bottonline

EUClaim says
Unfortunately you are not entitled to compensation.
An analysis of the data for this flight shows that an extraordinary circumstance was the cause of the delay.

An extraordinary circumstance is a situation which the airline has no control over and cannot be held responsible for, for example, a strike by air traffic control staff, bad weather or a terrorist attack.

With our years of experience in the field of passenger rights, we do not expect to achieve a positive result in this case. Therefore, we are unable to accept your claim. Should you wish to pursue your claim further, we advise you to contact the airline or your legal expenses/travel insurer.

not tried bottonline

obraonain88

Thanks Caz3121, I tried that yesterday along with Bott Online, who contradictorily say that I have a claim! I clearly can't rely on information from Vueling hence trying to find it from another source, before I waste anymore time on this.

Tyzap

Bott &Co check from many different sources so if they say you have a valid claim you probably have.

Assuming you did not depart then the bird strike would be a knock in from a previous flight, not yours.

If you don't want the hassle of it any more, go with Botts rather than give up.

Good luck.

JPears

bumped as down on page 7
So many personal threads - grrr...

davholla

cathd6 wrote: »

Hello, I'd be really grateful for some advice on a delayed flight that resulted in me arriving in Tokyo 19hrs late due to missed connections. The cause of the initial (almost 4 hr) delay was initially rain, but a further delay was caused by the airline giving incorrect information to passengers and not boarding them in time causing it to miss its new departure slot. They also made no attempt to book me onto a suitable alternative connecting flight - although the original flight was delayed by 4 hrs, I would have arrived in Tokyo only 2 hours late had they booked me onto the 20.45, which I could have easily caught in Frankfurt.


So my initial schedule was 13.30-16.05 4th May Birmingham-Frankfurt NH5868, operated by Lufthansa

Connecting flight 18.05 4th May -12.15 5th May Frankfurt-Tokyo HanedaNH5854, same

I was due to meet my friend in Frankfurt and take this flight to Tokyo together.

A number of flights (not all - most intercontinental flights were departing fine, so it was not the rain that was the problem but the knock-on problems caused by scheduling) in and out of Frankfurt were delayed early in the day due to heavy rain. We were initially given a 1 hr delay on arrival at the gate, which increased as time went on.

The latest departure time we were given out of Birmingham was 17.04, and passengers were asked to return to the gate in time for that. I remained at the gate. As it happened we were given an earlier slot and asked to board at 15.45. However as the passengers had previously been given a later time they had already dispersed, and the crew did not manage to round them upo in time to meet the slot. This was explained in detail by the pilot during the hour that we were sitting on the plane waiting for the next available slot, so they have admitted this. We took off at 17.05 and arrived in Frankfurt at around 19.45.

In the meantime, I had told everyone possible what my situation was and had been given assurances that Lufthansa staff would be getting everyone onto suitable connections. On the plane I was told personally that we would be met at the other end, and that all passengers with connections would be automatically booked onto connecting flights. My friend had also made enquiries at Frankfurt and had been told that I was booked onto the 20.45, and only had to print out a boarding card from a lufthansa desk or at the gate on arrival. There were also general announcements to this effect on board.

However, as we landed there was an announcement to say that they had not received any further infornmation about connecting flights. Nor were any Lufthansa staff waiting to meet us. I was still confident that I could make the 20.45, especially as my friend had been told I was booked on it, but most service desks were closed and by the time I made my way to the gate and found the only open service desk it was almost 20.15.

At the service desk I was told there was no record of my booking on the 20.45, and as it was an ANA code-share there was not enough time for them to make the booking now. I would have to stay in Frankfurt and fly the following day at 11.20.

I arrived in Tokyo just after 7am the day after next, 6th May, 19 hours late.

As you can see this seems to be pretty complicated. Yes, the airline could argue that the entire delay was caused by rain (although flights were only selectively affected), but it seems pretty clear that the bulk of my delay and the missed start of my holiday was due entirely to their incompetence and poor communications.

Do you think I should follow the standard route myself, or is this one for legal advice? Are the no-win no-fee agencies any good or avoid like the plague?

It's been a horrific experience - not only did we miss the first part of a trip of a lifetime which had been planned over months and was a birthday celebration, VERY unlikely to happen again, but my poor friend, who does not speak any Japanese, was stuck in Tokyo on her own on her first visit, and had to navigate to the Airbnb for which I had all the instructions! I also had all the currency... it was gutting, and I'm riled enough to be pretty tenacious with this.

Very much appreciate your suggestions. I'll keep in touch with how I get on.

Catherine

I used no win no fee to get compensation from Iberia, I didn't have the time to take them to court - and it was the only way they were going to pay.