Flight delay compensation, all other EU airlines

Singh23

jpsartre wrote: »

When is your flight and what sort of recourse are you looking for? Changing your flight, cancelling, compensation, something else? If the flight has been cancelled you are entitled to a refund or a change to a different flight, if it has merely been schedule changed you need to check Vueling's T&C. The 2 hour limit is fairly standard for refunds although many airlines are happy to move you to a different flight if requested. In general, delay compensation under EU261 only kicks in for delays over 3 hours.

Flight is on 14/07/18. They've since offered to change the flight to an earlier one. I guess I need to check if my 2:10pm was cancelled as I'd be due compensation - is there any way to confirm the planned flight time history of my most current flight number? (I don't have a confirmation email for the 2:10pm)

jpsartre

Singh23 wrote: »

I guess I need to check if my 2:10pm was cancelled as I'd be due compensation

Only if the alternative offered gets you to your destination 2 hours later than your originally scheduled arrival time.

Singh23

jpsartre wrote: »

Only if the alternative offered gets you to your destination 2 hours later than your originally scheduled arrival time.

If the flight number has changed, then it's a cancelled flight? Also, the delay is 1h55...

jpsartre

Singh23 wrote: »

If the flight number has changed, then it's a cancelled flight? Also, the delay is 1h55...

A cancelled flight (even if cancelled for non-extraordinary reasons) does not qualify for compensation if the airline can reroute you in a way that allows you to depart less than 1 hour earlier than originally scheduled and gets you to your destination less than 2 hours later than originally scheduled. See article 5.1.c.iii of EU261.

wexford_bohs

I was due to fly from San Fancisco to Dublin 6 weeks ago that was cancelled after the man towing the plane to the gate hit the terminal wall !!!!

The flight did not leave until a day & 1/2 later. I have applied to Aer Lingus for the mandatory €600 compensation. Its just gone past the max waiting time of 6 working weeks for a reply and still I can't get a response despite multiple claims it's been prioritised.

Is there any chance Aer Lingus try and claim this is an extraordinary event out of their control and refuse to pay the compensation?

Westin

I would think that the ground staff towing the aircraft into a wall was (hopefully) not a regular occurrence and therefore was extraordinary in delay terms.

EI should have provided a Duty of Care with meals, refreshments, overnight accommodation- but I would think that they would claim the reason for the delay was extraordinary and therefore no compensation due.

legal_magpie

I don't agree. The airline clearly has a right to claim against the airport authorities not only in respect of delays to passengers but also for its own losses. It will be a massive claim and anything that they pay passengers will be part of it. Go for it.

Justice13075

Agree with legal magpie

JPears

Agreed.....

jpsartre

legal_magpie wrote: »

The airline clearly has a right to claim against the airport authorities not only in respect of delays to passengers but also for its own losses.

They can of course but that has no bearing on the right to EU compensation. If the passenger has a right to compensation (and likewise, if they do not), they have that right (or do not have that right) regardless of what the airline may be able to pursue elsewhere