Compensation for delayed flights Discussion Area

Caz3121

what assistance was given to you when you were there? you will be able to claim for reimbursement of accommodation and meals if this was not provided. The 'compensation' for the delay is currently stayed so, depending on the outcome of the Sturgeon case, you may have to wait a year or so before you can claim that

adindas

I understand that based on REGULATION (EC) No 261-2004 for a delayed flight from EU airport for more than 2 hours we are entitled to a compensation from the airlines

What I do not understand here is that is the money is lump sump or we need to proof the damage first together with evidence such as receipt, etc, so no damage no receipt, no compensation?

I have seen that this is also covered by travel Insurance if we have one. Could we ask the cover twice from both the insurance and the airlines ...?


Thank you for your time answering my question
ADINDAS

richardw

adindas, you may be referring to Article 9, Right to Care

Article 6
Delay
1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 kilometres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Most airlines will want receipts.

dzug1

You can claim from the insurance company as well. All they will need is proof of the delay. However it's normally a 12 hour delay before they will pay out.

adindas

richardw wrote: »

adindas, you may be referring to Article 9, Right to Care

dzug1 wrote: »

You can claim from the insurance company as well. All they will need is proof of the delay. However it's normally a 12 hour delay before they will pay out.

Thank you to both of you guys.

Indeed, I just noticed that, insurance like AXA (complimentary from Coop premier A/C) start paying when the delay is more than 12 hours.

Few insurance underwritten by UK Insurance Limited, (complimentary from Nationwide flex a/c) will pay after the four hours delay.

"We will pay you up to £250 after the first four hours delay of the pre-booked flight, sailing, train or coach for additional expenses such as accommodation, travel, meals and refreshments which arise because the transport you have checked-in for is delayed – it doesn’t cover the cost of telephone calls"

Let say, my flight delay fall into REGULATION (EC) No 261-2004 get more 4 hours delay, say 5 hours. The airlines provide meals and refreshment.

Does it mean no more compensation will be paid by the airlines ??

Also in addition to that I take a transit hotel buy various meals and refreshmentsfrom the shop and cost up to £250.00.

Could I claim this from the travel insurance if I could produce the receipts ??

richardw

It is probably best to wait for the outcome of the stay to the Sturgeon Judgement, when considering compensation from the airline for delays, but if the delay was caused by 'extraordinary circumstances' there is no chance for compensation.

Voyager2002

Weather and the 'exceptional circumstances' defence

About a year ago, I suffered a serious delay and missed a day in Paris because of mechanical problems on my Air France aeroplane. They met my (modest) out of pocket expenses but refused to pay the 600 Euro compensation. Following advice here, I intended to launch small claims proceedings once the stay on Sturgeon-related cases has been lifted, and also contacted the CAA (via AUC), who referred the matter to their French counterparts. As a result, I received a detailed response from the Air France head office. They say that the reason for the mechanical problems was that when my aeroplane arrived (about four hours before the scheduled take-off for the trip back to Europe, on which I was booked) there were severe weather conditions, and as a result the 'plane had a hard landing which damaged it.

Now, the weather certainly was wild at the time the 'plane would have been landing, so if this is their defence, is it likely that it would stand up in court? If so, I would do better to save myself the cost of court fees. Annoying, since I lost a full day of my holiday, and the only day that I could have spent in Paris.

Jerseygirl55

My US Airways flight Man to Las Vegas via PHl was delayed 23 hours
we were put in a hotel overnight.
The next day it was delayed again so we were transfered onto a Continental flight via New York

so arrived in Las Vegas 23 hours late

I emailed US Airways but have yet to receive a reply ( told it could take 30 days)

Will I be entitled to any compensation or do I just put it down to a bad experience.

I did post this earlier in the thread

any advice appreciated

Thanks

Jerseygirl

legal_magpie

I spoke to Which Legal advice about my claim (delayed 21 hours with an overnight stay in another island) about the difference between delay and cancellation. If a long delay amounts to a cancellation the stay of proceedings caused by Sturgeon doesn't apply. They said that a good guide is whether the flight number changes and that it's worth keeping your baggage tags.

legal_magpie

Jerseygirl55 wrote: »

My US Airways flight Man to Las Vegas via PHl was delayed 23 hours
we were put in a hotel overnight.
The next day it was delayed again so we were transfered onto a Continental flight via New York
Jerseygirl

This was a cancellation, not a delay