Compensation for delayed flights Discussion Area

matman2005

Thanks for all the advice, I've gone back to BA and suggested they recheck our flights to see if it is their liability. I'll give it a week and then try going down the legal route.

Withey89

Hi Guys,

We where delayed by 13 hours on the way from Gatwick to Calgary on the 1st of Feb arriving around 3am (on the 2nd) when we should have arrived 2.30pm on the 1st.

Has anyone claimed from WestJet before? Where did they send the letter? Also was anyone else on the flight and looking to claim? I think we are entitled to the full amount and would like to get the money as missed my transfer and had to pay for a taxi which was expensive.

Thanks

Luke

DrA_Harrogate

Hi Luke

Download and digest Vauban's guide for a detailed 'how to'. A brief search indicates Westjet do not have a UK presence so you may wish to see if Bott or another nwnf firm will take it on.

Alan_Bowen

Westjet have reportedly paid out without argument, they have discovered that the 4 767's they bought last year were in need of far more tender loving care than they thought and they had real problems last summer. I think they thought they had resolved them by now, but clearly not.

Janusian

Just for Info - Gulf Air

I had flights from Heathrow to Muscat (via Bahrain) last October. Delayed from Heathrow, arrived in Muscat 4 and a half hours late.

I raised a claim via normal Customer service channels and although it took a while (about 3 months) I eventually got the money owed (in this case €600 per person).

Leeds666

We have received an email from Thomson rejecting our claim as it was a sand storm and due to exceptional weather conditions we are not entitled. We were taken back to our hotel and stayed an extra night. We know this often happens at this airport as it had a couple of weeks earlier when some people I believe were delayed by roughly 5 days. If this is the case, it is not exceptional weather conditions. It is such a small airport they do not have the ability to track and guide the aeroplane in, which is not our fault. If this happens on a regular basis how is it exceptional that's what I ask myself. Has anybody got any advice please.

Caz3121

Leeds666 wrote: »

We have received an email from Thomson rejecting our claim as it was a sand storm and due to exceptional weather conditions we are not entitled. We were taken back to our hotel and stayed an extra night. We know this often happens at this airport as it had a couple of weeks earlier when some people I believe were delayed by roughly 5 days. If this is the case, it is not exceptional weather conditions. It is such a small airport they do not have the ability to track and guide the aeroplane in, which is not our fault. If this happens on a regular basis how is it exceptional that's what I ask myself. Has anybody got any advice please.

the test is whether the delay is in the control of the airline...the answer with weather (and ATC) is no so Thomson are correct.
If airlines were made to compensate passengers for delays outside their control I guess we would have no flights operating to some cities in winter or fares would be increased to a level that reflect that they may have to pay out
Not your fault but not the airline's fault either
Check your travel insurance and see what they may give you for delays - some give £20 for each 12 hour delay

leylandsunaddict

Leeds666 wrote: »

We have received an email from Thomson rejecting our claim as it was a sand storm and due to exceptional weather conditions we are not entitled. We were taken back to our hotel and stayed an extra night. We know this often happens at this airport as it had a couple of weeks earlier when some people I believe were delayed by roughly 5 days. If this is the case, it is not exceptional weather conditions. It is such a small airport they do not have the ability to track and guide the aeroplane in, which is not our fault. If this happens on a regular basis how is it exceptional that's what I ask myself. Has anybody got any advice please.

The word isn't exceptional, it's extraordinary, and that is generally accepted as meaning events which are out of the airlines control. Sandstorms don't happen on a regular basis (presuming you're talking about Cape Verde). They generally tend to be mid January to end of February, and they don't happen every year.

It's no different to flying to the Caribbean in the hurricane season. You know when you book that you take a chance booking for dates that are more prone to weather problems. In bad weather conditions the airline doesn't make the decision whether they can depart or arrive. It's out of their control.

samwardill

leylandsunaddict wrote: »

The word isn't exceptional, it's extraordinary, and that is generally accepted as meaning events which are out of the airlines control. Sandstorms don't happen on a regular basis (presuming you're talking about Cape Verde). They generally tend to be mid January to end of February, and they don't happen every year.

It's no different to flying to the Caribbean in the hurricane season. You know when you book that you take a chance booking for dates that are more prone to weather problems. In bad weather conditions the airline doesn't make the decision whether they can depart or arrive. It's out of their control.

I don't think the definition of 'extraordinary' in EU261 is generally accepted but it is defined in the legislation:
"(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations."

The circumstance in this case are different from the Caribbean because the airport has made a commercial decision not to invest in automatic landing equipment. It is in the control of the airline to influence this decision and therefore I think you might be entitled to compensation.

I suspect that you will struggle though as even Bott & Co would be unlikely to fight your cause. I think they have taken a view that airport failings are not in the airline's control. I had a similar case where my flight was cancelled due to runway maintenance failure at London City and Bott didn't want to take it on. Personally, if this is Cape Verde, i think Thomson have massive commercial clout and could easily mandate the installation of automated landing equipment (and might start to do so if they started having to pay EU261 compensation).

Billy_Bonkers

You could install automatic landing equipment, but if it were my aircraft I wouldn't want the engines running sucking in sand during a sandstorm. Nothing worse.