Compensation for delayed flights Discussion Area

JPears

In a word, but I have to type a few to allow posting, no. Sorry.
The regulation states:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
So replacement flight was less than 1 hour earlier. and less than 2 hours delayed.

symphony63

Anywhere I can find information when pilot sickness can be EC?

JPears

When it occurs on the flight itself or immediatly prior to flight. Which airline/airport also potentially has some bearing, if it goes to court.

symphony63

JPears wrote: »

When it occurs on the flight itself or immediately prior to flight. Which airline/airport also potentially has some bearing, if it goes to court.

An acquaintance had a delay overnight on a BA flight from TLV. He claimed from BA and the reply he got is as follows:
Your claim’s been refused because BA0164 on 03 July 2017 was delayed because the First Officer due to operate this flight reported sick before the departure of the flight from Tel Aviv. The aircraft was delayed until the replacement First Officer arrived. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
When I put in his details in Bottonline it said that he does have a claim for €600.
In their reply BA doesn't specify exactly when the First Officer reported sick.

JPears

"In their reply BA doesn't specify exactly when the First Officer reported sick. "
Exactly. If Bott says its a valid claim, it most likely is, not not an absolute certainty.
You will need to progress with an NBA, then possibly submit court papers to get the truth and compenstion.
Or hand over to Bott for a percentage taken.

caveman8006

JPears wrote: »

In a word, but I have to type a few to allow posting, no. Sorry.
The regulation states:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
So replacement flight was less than 1 hour earlier. and less than 2 hours delayed.

OK. Out of interest, what would have been the situation if I had accepted either of their alternative offers: ie. a flight leaving 23 hours later or one leaving 4 hours earlier (and presumably arriving at similar gaps from originally scheduled)?

JPears

4 hours earlier - my interpretation is no compensation due as the reg states " departing more than 1 hour before AND arriving more than 2 hours after scheduled arrival. The important (and unfortunate word ) is AND since legally it links the early /late as a requirement for compensation.
23 hours later - compensation probably due...

caveman8006

Encouraged by this thread, I reopened a claim I originally made against BA in December 2011 regarding a flight from Amsterdam to London that was 3 hours and 22 minutes late. This was their original reply:




Thank you for your email about EU Compensation for your flight, BA0447 on 18 December 2011.

Regulation 261/2004 states that compensation is payable in some instances of cancellation and for denied boarding. It does not provide for payment of compensation for delay. It is our view that the Sturgeon judgment has given a meaning to Regulation 261 that was never intended when the legislation came into force. Furthermore, the Sturgeon decision directly contradicts another European Court of Justice decision pre-dating the Sturgeon case, in which the European Court of Justice stated that compensation was not payable in respect of delay.

For these reasons we now consider the legal position relating to compensation for delay is unclear. Therefore, we have issued proceedings in the English High Court and questions have been referred back to the European Court of Justice under case reference C-629/10. The details of this case can be viewed on the Europa website, by searching for the case number at http://curia.europa.eu/jcms/jcms/j_6/. Until such time that the position has been settled by a further ruling from them, we are of the view that we are justified in not paying claims for compensation for delay.

Thank you once again for contacting us. I do understand that this is not the answer you were hoping for and I’m sorry to disappoint you on this occasion.

Best regards


and this is their response today:




Thanks for coming back to us about your claim for compensation. We’re very sorry it was necessary to delay your flight and we don’t underestimate how much this must have disrupted your travel plans.

We take all reasonable measures to avoid delaying a flight and we’ll always consider if there are any operational options available before we make a decision. However, I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the delay to your flight BA0447 on 18 December 2011. The distance of your disrupted journey was 1,500km or less and this has been calculated in accordance with EU legislation. This means you’re entitled to €250.00 each in compensation.

The total amount of compensation you’re due is £914.09, which is equivalent to €1,000.00 as there are four passengers included in your claim. I’ve raised a cheque for £914.09, which will be paid directly to you. You’ll receive it soon.

Thanks again for getting in touch. Please feel free to contact us if we can help you any further and we look forward to welcoming you and your family on board again soon.

Best regards

Do you think I can claim interest, and if so, how much?

Tyzap

Hi caveman8006,

I believe that normally only a court can award interest, so it's not possible under the EC261 regulations.

I can see that the reason for the delay was that BA questioned the outcome of the Sturgeon case, resulting in the Nelson case.

In the Nelson case (2012), the court confirmed Sturgeon, meaning that BA and others were forced to accept that cancelled and delayed flights were to be dealt with in the same way.

Whether at that point in time BA should have paid you your belated compensation automatically is something of a moot point.

Good luck.

legal_magpie

caveman8006 wrote: »

However, I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the delay to your flight BA0447 on 18 December 2011. The distance of your disrupted journey was 1,500km or less and this has been calculated in accordance with EU legislation. This means you’re entitled to €250.00 each in compensation.[/I]

The total amount of compensation you’re due is £914.09, which is equivalent to €1,000.00 as there are four passengers included in your claim. I’ve raised a cheque for £914.09, which will be paid directly to you. You’ll receive it soon.

Interesting point on Limitation. The flight was nearly 6 years ago so if Caveman had left this much longer or if the airline had procrastinated, he'd run the risk of being statute barred.
But as BA have now acknowledged the debt, the 6 year period starts again, not that it is likely to be relevant