Compensation for delayed flights Discussion Area

Vauban

esmediaz wrote: »

Does anyone know if it is permissible to claim compensation for a flight delay from both the airline (under the EU scheme) and through my travel insurance, or does applying for one make me ineligible for the other?

You can claim from both, but most travel insurance policies only pay out a small amount for delays (which usually have to be significant). Check your policy.

esmediaz

Thanks Vauban. I'd get £250 from my insurance (I was delayed by nearly a day) so definitely worth a go I think.

ebabe001

Our flight was delayed by 4 hours. We were offered 2 lots of drinks vouchers and were told that bad weather had caused a delay much earlier that day.

We emailed Easyjet to see if we were able to claim compensation. Easyjet sent a number of responses but finally admitted there was a delay. They would not accept compensation was due giving the reason of extraordinary circumstance due to the weather issue.

I contacted the CAA who told me about CEDR. CEDR ruled in our favour. Poor weather on a previous flight which in turn affects your flight cannot be classed as an extraordinary circumstance.

Don't be put off by the airlines' first response.

DrA_Harrogate

I know this forum and its inhabitants are truly devoted to helping people get compensation when they suffer delays, but I think it may be time for a small round of forum applause for Thomas Cook who sent many aircraft to the Gambia to 'rescue' their customers.

Justice13075

Indeed :T:T:T:T:T

Drunkstar

I'm a bit mixed up about if there is grounds for compensation with my connecting flight.
We were booked in to fly from Manchester (MAN) to Montego Bay (MBJ), all flights were booked at once with American Airlines.
Flights 6360 MAN to LHR
39 LHR to MIA
2189 MIA to MBJ
The London to Miami flight was delayed by 2 hours, causing us to miss our connection to Jamaica. AA put us in a hotel for the night and sent us on another flight first thing next day, but it means we missed a night of our holiday (and half the next day).

Scojo72

Just had a response from AA. We had through ticket with British airway codes share with AA.they was late leaving Birmingham so we missed our connection.in jfk.they wanted us to wait until the next day to get the next available AA flight.after a lot of moaning they booked us on another carrier (united) from a different airport.we was 7hrs late arriving at our end destination.
Are they right or should I fight it.

Thank you for contacting Customer Relations. Our records confirm American Airlines flight 131 on December 19, 2016, departed Birmingham (an EU Member State) and arrived in New York (a non-EU Member State) 80 minutes later than the scheduled arrival time.

The Folkerts judgment (C-11/11) involves a Community Carrier and does not deal with a missed connection or delayed flight outside the EU. Compensation associated with EC261/2004 does not apply to a non-EU carriers' flight departing from a non-EU Member State. Sanghvi v Cathay Pacific (UK) 2011 judged the Regulation is only concerned with the individual flight components of a journey. The missed connection flight did not depart from an EU Member state but from the USA. Accordingly, the Regulation is not applicable as it is concerned only with passengers departing from an EU airport.

Since the United States is not a member state within the European Union and American Airlines is not a community carrier, we are not required to adhere to the rules of the EU for flights between cities departing the United States. Therefore, since flight AA106 was less than 3 hours delayed to the gateway city of New York (USA) and since the missed connecting flight was not departing from an EU Member State, there is not any mandated compensation or reimbursement warranted and we would, again, advise no compensation and adjustments based on the EC 261/2004 regulation is due. (Folkerts v Air France/Sanghvi v. Cathay Pacific).

Furthermore, we are sorry that you were further disappointed by the collection of the baggage fees by that carrier. When we rescheduled you on another carrier, we were working hard to get you to your destination despite our off schedule operation. However, once your ticket is endorsed to the other airline, all their associated procedures and policies apply to your travel. Accordingly, we must respectfully decline to reimburse the baggage fees you incurred.

However, to convey our apologies and to offset the bag fees we have issued a $100.00 transportation voucher per passenger (to the mailing address on file). It may be used towards the purchase of a ticket on American or American Eagle within 12 months from the date of issue. While the voucher itself is nontransferable and cannot be sold or bartered, you may use it to buy a ticket for a friend or relative if you prefer.

Tyzap

You're up against the perennial problem of connecting flights outside the EU.

The regulations state that the total delay time is at your final destination, however, there has been no precedent setting hearings in favour of the passenger that I know of.

I believe that individual court cases have swung either way, tho mostly towards the airlines, so there is no clear legal point to rely upon.

If you were to take your case as far as a court, the outcome would be unpredictable imho.

Good luck.

Scojo72

I have read the Vauban’s guide and can't get my head round it. I am no lawyer but I am relying on the fact it was a through ticket from a EU airport.this is what the CAA website has to say.
Your airline is only required to provide compensation if you are booked on a through ticket. This means you have a single ticket and one reservation reference for your entire journey. The cause of you missing your connection must also be within the airline’s control.

I have fired off another email to them declining there offer and that I am prepared to take them to court.but at the moment I am not 100% sure I am right.any help or suggestions would be greatly appreciated.

Drunkstar

AA have replied to me with

Dear ****:


On behalf of American Airlines, thank you for contacting Customer Relations. We appreciate the opportunity to address your claim for compensation based on European Regulation 261/2004.
We regret that your flight AA39 from London, GB on January 16, 2017 was delayed. Please accept our apology for the inconvenience and impact on your travel plans this irregularity caused. It is never our intent to create difficulties for you, or any of our passengers, and appreciate that this disruption was a frustrating experience.
As you have correctly identified, European Union Regulation (EC) No. 261/2004 of the European Parliament and Council has established common rules on compensation and assistance to passengers in the event of cancellations or long delays of flights. Under this regulation, in the event of a flight cancellation or delay, passengers are entitled to established levels of compensation. However, this regulation does not apply when a flight is cancelled or delayed for less than 3-hours, flight is departing from the United States or a flight is cancelled or delayed due to weather or Air Traffic Control issues. Since flight AA39 was delayed less than 3 hours to the gateway city in the United States, American Airlines is not required to provide the compensation you have referred to.
As a gesture of goodwill and to encourage your continued business we have issued one $200.00 transportation voucher per passenger (to the mailing address on file). It may be used towards the purchase of a ticket on American or American Eagle within 12 months from the date of issue. While the voucher itself is nontransferable and cannot be sold or bartered, you may use it to buy a ticket for a friend or relative if you prefer.
Mr. ****, again, we apologize for the travel difficulties encountered. We hope you will give us the opportunity to create a more positive travel experience in the future.

I have replied with

Many thanks for your swift response.
The appropriate part of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 is Article 2, Section (h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight"
As the final destination was Jamaica not the USA, and we were delayed over 3 hours arrival at the final destination American Airlines would still be liable for the compensation as previously requested.
Regards,

Does this look to be the right track? Am I replying right? Sorry for all the questions, I'm a bit of a newbie at flights.