Compensation for delayed flights Discussion Area

JPears

Justice13075 wrote: »

Doesn't a part of you wish for a 3 hour delay, go in be honest.

Haha. Just a very tiny tiny little part of me. But I would much rather be sat on my villa decking in the sunshine sipping a lightly chilled provence rose than stuck in Leeds Bradford airport for 3 hours....:beer:

and I have my guide and Vauban's pdf on my phone and a memory stick to distribute to all the passengers on said aircraft should the unthinkable happen

EKnight

Hi everyone,
I would like any advice that can be given on my situation.
My boyfriend and I had a holiday booked with Thomson for the 17th July this year. Gatwick airport had to close their runway due to another airline experiencing a burst tyre which caused a lot of disruption. This resulted in our flight being cancelled and rescheduled for 29 hours later. We had to leave the airport and come back the following day and we lost 1 day and 2 nights of our holiday. Thomson have rejected our claim for compensation which seems wrong to us considering we lost a fair amount of time from our holiday.
Has anyone else had this problem? And what should we do next? As of course we want to appeal this.
Many thanks 😊

111KAB

EKnight - Gatwick airport runway problems out of Thomson's control so they are not liable and as such no delay compensation (EU261/2004) is payable. During you delay Thomson had a duty of care to look after you and should have provided same if you so wished.
With regard to any claim for loss of holiday period you should look to your insurance and possibly ABTA to see if either are prepared to say, pro-rata, make up for the loss of time away.

leylandsunaddict

The airline doesn't have to pay EU261 compensation for the delay, but you could send a letter of complaint to the tour operator about your lost time (no mention of EU261 compensation/compensation for the delay, just purely mentioning the time you lost). Also your insurance will probably have delay cover, although it's usually not much.

caveman8006

Vauban wrote: »

No JP you are reading it the wrong way round.

In order NOT to qualify for compensation, the replacement flight has to leave within an hour of original departure AND be no later than two hours after the scheduled arrival. If either of those conditions isn't met, compensation is payable.

Just to lay this one finally to rest, I have carefully checked the rules on taking an earlier rerouting after a cancellation (with less than 7 days notice) and it appears that if the rerouted flight leaves MORE than 1 hour before cancelled flight was scheduled to AND arrives less than 4 hours after originally scheduled arrival time, then compensation is reduced by half ie. would have been €300 in this case. Shame, as we could have made this flight if we had known and it would have removed all delays from schedule as well as giving compensation. Interestingly, Expedia (booking agent) have contacted to say they can reclaim €195 for us (which presumably is the €300 less their 35%+vat fee!). Don't think we are eligible, unless the fact that Air Canada initially rebooked us on a flight for the next day makes a difference?!

wildwirion

I'm sat on the tarmac as I write hoping someone can help.

I was due to fly Hong Kong to Manchester changing in Frankfurt all with Lufthansa.
After checking in online I saw on the Internet the flight would be delayed by 6 hours.

As Hong Kong was on T3 alert for a tropical storm I thought it wise to see if I could make the same journey but changing planes in Munich instead (scheduled to leave just 10 minutes after the original departure time). This was changed over the phone for me.

We have now been sat onboard for 3 hours but every other company has flights leaving so isnt that enough to rule out a weather issue?

Ironically both routes would get me to Manchester with a significant delay but as my booking was for the Frankfurt route and my boarding pas is for the Munich route will I be able to make a claim?

Thanks for any advice

Vauban

caveman8006 wrote: »

Just to lay this one finally to rest, I have carefully checked the rules on taking an earlier rerouting after a cancellation (with less than 7 days notice) and it appears that if the rerouted flight leaves MORE than 1 hour before cancelled flight was scheduled to AND arrives less than 4 hours after originally scheduled arrival time, then compensation is reduced by half ie. would have been €300 in this case. Shame, as we could have made this flight if we had known and it would have removed all delays from schedule as well as giving compensation. Interestingly, Expedia (booking agent) have contacted to say they can reclaim €195 for us (which presumably is the €300 less their 35%+vat fee!). Don't think we are eligible, unless the fact that Air Canada initially rebooked us on a flight for the next day makes a difference?!

Yes that's right (well nearly). The threshold for the 50% reduction in compensation differs according the flight distance (i.e. it's two, three or four hours respectively for each of the three tiers of compensation - €250, €400 or €600). So a three hour delay would still see full compensation awarded for re-routed flights up to 3500km.

(This gives rise to an odd anomaly whereby a three hour delay on a 3450km rerouted flight pays €400, but on a 3550km flight with the same delay would only pay €300!)

So yes, if your daughter had taken an earlier flight which left more than an hour earlier than the previous scheduled flight she'd have been entitled to €300 - assuming the cause wasn't "extraordinary circumstances". Though presumably if the the airline were also thinking through the implications of the Regulation, they could have insisted she take the flight that didn't make them liable (leaving 55 minutes earlier than the original).

I don't think the email from Expedia will have anything to do with any flight delay compensation - travel agents don't get involved in that, and certainly don't charge a 30% fee even if they did have to pass a payment on. Could the refund by because of a difference in cost in the tickets?

Vauban

wildwirion wrote: »

I'm sat on the tarmac as I write hoping someone can help.

I was due to fly Hong Kong to Manchester changing in Frankfurt all with Lufthansa.
After checking in online I saw on the Internet the flight would be delayed by 6 hours.

As Hong Kong was on T3 alert for a tropical storm I thought it wise to see if I could make the same journey but changing planes in Munich instead (scheduled to leave just 10 minutes after the original departure time). This was changed over the phone for me.

We have now been sat onboard for 3 hours but every other company has flights leaving so isnt that enough to rule out a weather issue?

Ironically both routes would get me to Manchester with a significant delay but as my booking was for the Frankfurt route and my boarding pas is for the Munich route will I be able to make a claim?

Thanks for any advice

So I think this is complicated a bit by the fact that you requested to be put on the other flight - so I don't think you can compare delay arrival times to your original schedule (Frankfurt), only the new journey via Munich.

If you arrive into Munich more than 3 hours late, or more than 4 hours into Munich or Manchester (assuming a through ticket), then you should be eligible for €300 or €600 compensation - depending on the reason for the delay.

caveman8006

Vauban wrote: »

Yes that's right (well nearly). The threshold for the 50% reduction in compensation differs according the flight distance (i.e. it's two, three or four hours respectively for each of the three tiers of compensation - €250, €400 or €600). So a three hour delay would still see full compensation awarded for re-routed flights up to 3500km.

(This gives rise to an odd anomaly whereby a three hour delay on a 3450km rerouted flight pays €400, but on a 3550km flight with the same delay would only pay €300!)

So yes, if your daughter had taken an earlier flight which left more than an hour earlier than the previous scheduled flight she'd have been entitled to €300 - assuming the cause wasn't "extraordinary circumstances". Though presumably if the the airline were also thinking through the implications of the Regulation, they could have insisted she take the flight that didn't make them liable (leaving 55 minutes earlier than the original).

I don't think the email from Expedia will have anything to do with any flight delay compensation - travel agents don't get involved in that, and certainly don't charge a 30% fee even if they did have to pass a payment on. Could the refund by because of a difference in cost in the tickets?

OK. So good tip to remember is to take an early flight if offered, as compensation paid even if you arrive ahead of your original schedule!


Also, the Expedia e-mail is about claiming compensation - they are partnering with "Airhelp" who charge the (exorbitant?) 35%+VAT fee. Looks like a new way for the big agents to make money...Still not sure how they think there can be compensation in these circumstances unless it is because they originally rebooked a day later?

Lynthejock

Anyone know how much compensation I should seek for a 6 hr flight delay from Glasgow to Palma, Mallorca. Thanks