Compensation for delayed flights Discussion Area

JPears

Ellenpal -
I would also be inclined to write back to the CAA, pointing out this section of regulation 261/2004:
"(21) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and ensure that these sanctions are applied. The sanctions should be effective, proportionate and dissuasive."
And enquire exactly how they being effective in enforcing the regualtion when it is blatantly ignored by the airlines in many many cases?

Caz3121

Singh23 wrote: »

Hi all,

Regarding the recent Gatwick delays due to runway closure after a plane's tire burst - are we due any compensation for delays or cancelled flights? A response from Vueling stated that it was extraordinary circumstance that was beyond their control.

Additionally, my flight's arrival time was delayed by approximately two and a half hours - is there no recourse? I understand EU law states three hours delay would entitle compensation. I have checked EUclaim to no avail.

Flight details: 17/07/17 - Fiumicino (FCO) to Gatwick (LGW) - 18:40 (Actual
21:33) - 20:25 (Actual 23:02) - VY6228

Delay needs to be over 3 hours to qualify for EU261 compensation
In addition the delay also needs to be within the control of the airline

so you would fail on both counts

Amos9271

Hi I would like help/advise on delay time please.

My daughter flew with Thomas cook on her 18 birthday which was supposed to be from bhx birmingham uk to zth zante greece. the flight left an hour late then diverted to athens with apparent brake failure they landed with full blues and twos fire brigade escort and they were kept on the tarmac for an extra five and half hours before forced disembark held in a room in the air port for four hours then make to collect luggage and were told they would be put up in hotel for a night. They were given no water or food at airport or on plane they were subsequently abandoned at the hotel and had to make their own way to airport with no information or assistance from Thomas cook via their supposed help lines or staff on ground
. They then re boarded same plane the next day only. to be held on the tarmac a further six hours before take off again with out food or water to finally land in zante just short of two days late from original planned landing time.

So the original flight should have taken 1490 miles one way bhx to zth. however they didn't land there first ? they landed at athens? So is she able to claim twice for two flights being delayed over seven hours each or does she just claim for one flight nearly two days late?

Also would she be expected to be happy with the settlement of £520 if awarded or can she still ask the airport to refund costs on top ? like for having to make her own way to airport after being abandoned by them in a athens slum (67euros) taxi fare to airport. Also could she claim for food too or does the pay out supposedly cover that or is it just for flight delay?

many thanks for any advice on the matter if possible

JPears

Only one claim for compensation under reg 261/2004, although as usual shocking lack of care by an airline.
As long as she has proof/receipts, all costs for accommodation, food and drink (non alcohol) and taxis/travel etc should be paid out by TC.

Any seperate claim possible under travel insurance for delay?

Amos9271

Thank you for update.

So when claiming she should make one flight delay claim for approx 48hrs for supposed max 4hrs flight. for flight delay and a separate claim for costs incurred after Thomas Cook abandoned her in a Greece slum 48 min taxi drive from airport.

She does have extensive multi trip travel insurance too. Which she will have to use to make a claim on as Thomas Cook managed to loose some of her luggage too, and unfortunately she was pick pocketed on her second night in zante and had her phone stolen from a bum bag strapped to her waist.

JPears

The compensation is a fixed amount, the expenses are also part of regualtion 261/2004 so effectively is is one claim made together. Or you can do it it seperatley. This potentially makes things clearer, especially if it goes legal.

MarkP80

Hi all,

I have a rather sorry tale which I would be interested in some advice on who I need to claim from
Original flight was from Teesside to Lagos (Nigeria) via Schiphol, both KLM under one ticket.
Take-off from Teesside was delayed because the KLM plane arrived late
I arrived at the connecting gate in time to board the Lagos flight (people were still boarding), to be told by the staff that KLM had decided I wouldn't make it, so had removed me from the passenger list, refusing me boarding.
They had rescheduled me (without asking) to take a later flight with Royal Air Maroc (RAM), with a connection in Casablanca.
The RAM scheduled landing time at Lagos was around 8 hours later than the original scheduled arrival time.
But it then gets worse. The Casablanca to Lagos flight was delayed, arriving 3.5 hours after its scheduled time, plus I was downgraded to Economy from Business (the business section was out of use due to a faulty door). Oh, and my bag didn't arrive until 24 hrs later.
That was it in a nutshell but it really was a nightmare of a journey.

Anyway, I originally wrote a letter of complaint to KLM. I didn't actually ask for compensation, I actually initially wanted to let them know how unhappy I was with the way they handled the whole thing, particularly refusing me boarding at Schiphol, when I was easily in time.
KLM wrote back saying -
Compensation was not due as the original KLM flight was delayed due to air traffic control. Further, I should complain directly RAM about the additional flight delay (the RAM flight arriving 3.5hrs late as well) and the class downgrade, as that was nothing to do with them - "Under the joint agreements signed by the airlines, all claims regarding flight delays will have to be sent to the operating carrier".

I have a couple of issues here. The first KLM flight was delayed because it arrived late at Teesside from its previous destination, and couldn't be turned around in time, therefore missing its scheduled take-off slot - presumably therefore missing its landing slot at Schiphol and so being pushed back further (by ATC). So I don't see that the claim of air traffic control being the cause as valid. And if the flight arrived at Teesside late due to an earlier air traffic control delay then they had not allowed sufficient turnaround time in their schedule?
Secondly, and I feel more importantly, they removed me from their second flight because they mistakenly thought I wouldn't make the connection. Am I right in thinking that this scenario is specifically covered in the EC Interpretive Guidelines document under Item 4 (Passengers rights) d. A. ii ?

Then there's the downgrading issue. I think I'm clearly due compensation for this, but how is that calculated and who should be responsible? The flight was 3,200 km for the Casablanca to Nigeria leg, but the compensation refers to the cost of the flight. I didn't buy the flight from RAM, so how can they calculate the compensation? The KLM flight was very expensive, but RAM could say their flight was very cheap, could they not?
Does the additional 3.5 hour delay on the RAM flight give rise to a second potential claim for delay, or is that covered by the first claim?

Thanks for reading if you got this far. I hope you can see that it's a bit complicated and why I've asked for a bit of help/opinion.
Thanks,
MarkP

leylandsunaddict

Amos9271 wrote: »

Also would she be expected to be happy with the settlement of £520 if awarded or can she still ask the airport to refund costs on top ?

The compensation for that flight would be €400 so more like £360 than £520.

JPears

MarkP -
Was your original journey all KLM flights?

MarkP80

JPears wrote: »

MarkP -
Was your original journey all KLM flights?

Hi, thanks for replying.

Yes, the original journey was all KLM, a single ticket covering the two flights. Teesside to Schiphol to Lagos.

KLM unilaterally decided I wouldn't make the connection and removed me from the passenger list for the second flight. I actually got to the gate with plenty of time to spare, people were still boarding after I was turned away. This was the bit that I was referring to under the airline mistakenly assuming I wouldn't make a connection.

So the flight they had moved me to, without asking, (Royal Air Maroc) was scheduled to arrive at Lagos at 3am the next day, instead of the 19.35 the same day that I should have arrived (7+ hour delay).

On top of that, the RAM flight they moved me to (2nd leg) was delayed as well, actually arriving at Lagos at approx 06.30am instead of 3am.

Thanks,
MarkP