Compensation for delayed flights Discussion Area

Lynthejock

Caz3121 Thanks for replying. Flight no is FPO821T and the date of the flight was 13 May 17. This claim is on behalf of my elderly mum and dad who were delayed by 5hrs and 55 mins on a Thomson holiday flying with ASL Airlines France. The flight was from Glasgow to Palma de Mallorca and they were going on a cruise. The apology letter states "The aircraft that was scheduled to operate your flight was programmed the previous day for a rotation that would end in Aberdeen Flight FPO818. In the course of the evening of 12th May 2017, the weather above Scotland in general and in Aberdeen in particular deteriorated significantly. No such degradation could be anticipated based on the weather reports that were drawn in preparation of the Flight FPO821. For this reason the aircraft scheduled to operate flight FPO821T on the 13th May could not land on Aberdeen airport on the 12th and be ready and available when it should have. The cockpit crew tried an approach of Aberdeen airport 3 times. However as the weather would not improve the traffic control of Aberdeen airport refused to grant them permission to land. As the poor conditions remained steady, they had no other option but to divert the aircraft to Glasgow. ASL Airlines France needed then to resume the positioning of its aircraft on Aberdeen Airport in order to operate the four flights of its program on the 13th May. Aberdeen airport have set a curfew which implies that no aircraft can either take off or land between 10.30 pm and 6.00 am. To this constraint must be added the fact that cockpit crews are subject to strictly frames flight times for safety reasons as specified by EU regulations and the crew had reached the flight time limits. They needed 12 hrs rest and would not be able to position the aircraft in Aberdeen in a timely manner. When the aircraft took off in Aberdeen for the first leg of the day Flight FPO819 showed a 6hr delay. As I have stated before my mum and dad flew from Glasgow not Aberdeen. Because the airline is blaming weather they are saying my mum and dad have no compensation entitlement.

Vauban

Lynthejock wrote: »

Caz3121 Thanks for replying. Flight no is FPO821T and the date of the flight was 13 May 17. This claim is on behalf of my elderly mum and dad who were delayed by 5hrs and 55 mins on a Thomson holiday flying with ASL Airlines France. The flight was from Glasgow to Palma de Mallorca and they were going on a cruise. The apology letter states "The aircraft that was scheduled to operate your flight was programmed the previous day for a rotation that would end in Aberdeen Flight FPO818. In the course of the evening of 12th May 2017, the weather above Scotland in general and in Aberdeen in particular deteriorated significantly. No such degradation could be anticipated based on the weather reports that were drawn in preparation of the Flight FPO821. For this reason the aircraft scheduled to operate flight FPO821T on the 13th May could not land on Aberdeen airport on the 12th and be ready and available when it should have. The cockpit crew tried an approach of Aberdeen airport 3 times. However as the weather would not improve the traffic control of Aberdeen airport refused to grant them permission to land. As the poor conditions remained steady, they had no other option but to divert the aircraft to Glasgow. ASL Airlines France needed then to resume the positioning of its aircraft on Aberdeen Airport in order to operate the four flights of its program on the 13th May. Aberdeen airport have set a curfew which implies that no aircraft can either take off or land between 10.30 pm and 6.00 am. To this constraint must be added the fact that cockpit crews are subject to strictly frames flight times for safety reasons as specified by EU regulations and the crew had reached the flight time limits. They needed 12 hrs rest and would not be able to position the aircraft in Aberdeen in a timely manner. When the aircraft took off in Aberdeen for the first leg of the day Flight FPO819 showed a 6hr delay. As I have stated before my mum and dad flew from Glasgow not Aberdeen. Because the airline is blaming weather they are saying my mum and dad have no compensation entitlement.

Weather is only extraordinary circumstances if it is incompatible with the flight concerned. The fact that planes were out of position or pilots over hours are operational issues for the airline to address. So compensation due - though you might need to start court action to get your money.

Tyzap

Lynthejock,

Just to add a little meat to Vaubans bone, above.

Their aircraft was F-GZTP and it was due to land at ABZ at around 12.30am that morning. It circled around ABZ for a while and then diverted to GLA where it landed at 01.22am. It's this rotation that caused the initial delay and caused the aircraft to be out of position to operate it's next flight from ABZ.

At about 11.05am it flew back to ABZ where it circled for a while and then landed at around 11.50am.

Then at about 13.00 it departed to PMI arriving back into GLA at around 19.50 ready (belatedly) to operate your parents flight at around 21.30 which got them into Palma in the very early hours of the next day.

Good luck.

Lynthejock

Fantastic thankyou. So if i just find out that the weather wasnt extreme i have a case? Should i write the letter direct to the airline or as they suggest the passenger advice and complaints team?

Tyzap

Lynthejock wrote: »

Fantastic thankyou. So if i just find out that the weather wasnt extreme i have a case? Should i write the letter direct to the airline or as they suggest the passenger advice and complaints team?

Hi,

No, not exactly.

You now know that there were no weather problems relating directly to their flight or the airports their flight operated in and out of.

The problem related to a previous flight which created a 'knock on' delay to their flight. This means they are due compensation due to the fact that the airline had enough time to make alternative arrangements but failed to do so.

I would suggest sending a letter or email to the airline pointing out the above and requesting compensation.

Good luck.

pineneedles

pineneedles wrote: »

I was booked on the same Norwegian Air flight from Helsinki as REdwards (post 10556) on 17 July which was cancelled as a result of the Gatwick runway problems. I had a go contacting Norwegian through Resolver and got a response declining compensation and citing exceptional circumstances. However when I input the flight details into Botts & Co claim checker they seemed to think I had a claim.

Is it worth having a go? I don't really agree that the decision to cancel was out of Norwegian's control, when other flights that evening were able to either use the North runway or land at other UK airports. Also Norwegian's customer service was appalling throughout - they first told us they were setting up a replacement flight for the next day, this never materialised, but we weren't ever told it wasn't going to happen. By that time the earliest we could be booked onto another flight home was more than 48 hrs later and even then only by an indirect flight. The delay was therefore much longer and more stressful than it needed to be.

Just to update on the above. Bott & Co's flight finder initially said compensation would be due so I signed up to claim through then. But last week they contacted me to say they would not pursue the claim further because the cancellation was caused by an airport closure so the likelihood of the claim succeeding wasn't good.

It's disappointing that just because an initial event happened which was out of the airline's control, they are thereafter not liable for any compensation even though their further actions were within their control (ie here their decision to cancel rather than re-route the flight, their decision not to schedule an extra flight, causing an additional day's delay for most of the passengers, not to mention their atrocious communication throughout).

jcocker

My return flight from the US was delayed by nearly 36 hours, and we were wondering if it qualifies for compensation under the EU's Flight Compensation Regulation 261/2004.

The flight, a return journey from a regional UK airport to Florida was booked with BA, directly from their website.

The outbound journey involved two legs, one from our regional UK airport to London, and then another leg from London to Florida. Both were operated by BA.
The inbound journey also involved two legs. One from Florida to Philadelphia, and another from Philadelphia to our UK regional airport. The delay occurred on the second leg of this journey. Both of those flights were operated by American Airlines.

It is undisputed that the delay was the fault of the airline.

I understand that in order for our delayed flight to qualify for compensation under the above it needs to be operated by an EU-based airline, which American Airlines is not. However, does it still qualify since our contract is with BA and not with them?

Thanks in advance.

PS: I travel a lot and never bother with thing such as this as I appreciate that things do go wrong sometime. It is their appalling treatment of myself and the other passengers that prompted me to seek some redress.

Vauban

jcocker wrote: »

I understand that in order for our delayed flight to qualify for compensation under the above it needs to be operated by an EU-based airline, which American Airlines is not. However, does it still qualify since our contract is with BA and not with them?

No, 'fraid not. It's the operating air carrier that counts, not which airline website you booked it through.

Thecolts11

Hi all,

Grateful for some advice please.

I had booked a direct flight from Dublin to JFK to depart on Thursday 20th July 2017 departing at 10.50am.

I got a text message from the airline at 06.30am on the morning of Thursday 20th July advising me that my flight had been cancelled and I would be accommodated on the next available flight etc.

I got to the airport along with my wife and 2 children and were then transferred to another flight. We got a 11:10am flight to London, Heathrow (flight no. EI0162) then a connecting flight at 19:50pm to JFK (flight no. EI8883).

On our original flight we were expected to arrive at JFK at 13:20pm, however we did not arrive until 10:35pm – a delay of just over 9 hours.

I think we should be entitled to €600 compensation each so I put in a claim for myself, my wife and 2 children using the ‘Resolver’ website. They said I can escalate my case 14 days after I submitted the letter. This deadline passed yesterday.

Can you advise my next step... do I now escalate the case and issue them with a letter before action?

Any help and advice is greatly appreciate.

caveman8006

My daughter's flight from Gatwick to Toronto with Air Canada Rouge at 12.55 on 21st August was cancelled by text at 0300 on the same day and she was told that she had been rebooked for a flight at 11.00 the following day, 22nd Aug. She rang the Air Canada booking line (in Canada) at 05.30 on the 21st and was initially told that the there was no earlier alternative flight. However, when pressed to check the possibility of re-routing via Heathrow, the agent managed to rebook her on the Air Canada 12.05 flight that day. This flight was delayed and landed around 2hrs 43 minutes after its scheduled arrival time, which was about 1 hr 50 minutes after the original flight's scheduled arrival time. Is there any case for compensation here?