Compensation for delayed flights Discussion Area

Vauban

caveman8006 wrote: »

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?

Didn't know Expedia were doing this - that'll trouble the airlines significantly. At present I reckon only a small fraction of folk currently claim flight delay compensation - if TAs start proactively to chase this up for people who booked with them, that could be an issue. BTW I agree that 35% plus vat is a lot to pay - it's €105 from a €250 award, or €248 from a €600 sum. People really should think carefully about whether they can't do their own DIY - especially now the law is so much clear (thanks Tyzap!)and their are even ADR schemes not available even a couple of years back.

Caz3121

Lynthejock wrote: »

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

Either €400 or zero depending on the reason for delay. Have a google for Vaubans guide and have a read

Lynthejock

I have my compensation letter typed out thanks for all the advise. My claim is against ASL Airline France. In their letter they have said if you are disappointed with our explanation please contact the British civil aviation authority which has the authority to hear and rule on passengers claims. Its the passenger advice and complaints team. Should I do that first or send my letter direct to the airline? The reason I am asking is the civil aviation authority address is London and ASL Airlines France address given on the web is in France

symphony63

caveman8006 wrote: »

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!

Is that only on cancelled flights or on denied boarding too?
If I was denied boarding within 7 days and offered a flight more than 1 hour earlier and was delayed by 3hrs+ but only 1hr 30 min from the original flight am I entitled to compensation under 261/2004?

Tyzap

Lynthejock wrote: »

I have my compensation letter typed out thanks for all the advise. My claim is against ASL Airline France. In their letter they have said if you are disappointed with our explanation please contact the British civil aviation authority which has the authority to hear and rule on passengers claims. Its the passenger advice and complaints team. Should I do that first or send my letter direct to the airline? The reason I am asking is the civil aviation authority address is London and ASL Airlines France address given on the web is in France

Hi Lyn,

You should always approach the airline first, ADR providers and the CAA are there to help when the airline and yourself become deadlocked. They will then adjudicate to help you to get a settlement prior to escalating to court etc.

Good luck.

Nizam_2

Cool and awesome:money::money:

caveman8006

symphony63 wrote: »

Is that only on cancelled flights or on denied boarding too?
If I was denied boarding within 7 days and offered a flight more than 1 hour earlier and was delayed by 3hrs+ but only 1hr 30 min from the original flight am I entitled to compensation under 261/2004?

Not sure: according to Air Canada site in this case you would be eligible for 50% of standard compensation for "cancellation or delay over 3 hours", as your re-routed flight was more than 1 hour earlier than original but you arrived less than 4 hours after original arrival time.

musicskypirate

Currently discussing compensation with Lufthansa.

Flew London Heathrow -> Frankfurt -> Katowice

Flight delayed from Heathrow, missed connecting flight and was roughly 6 hours of total delay. Compensation is likely considered.

Returned Katowice -> Frankfurt -> London Heathrow

2 hour delay total after connecting flight also missed. Understand compensation isn't really on cards in this instance.

Nonetheless, complaint email sent to Lufthansa and a customer service rep called offering me 100 euros per passenger as a good will gesture. They say the delay was due to a third party (the airport) and not them. I believe on both days there were some thunder storms in Frankfurt that could have caused the issue but flights still were going to and from the airport on the day.

Should I go ahead and accept the goodwill gesture? Or is it something I can easily go further with and get more? Prefer not to go to Solicitors to claim as they'll easily take a huge chunk of compensation from me. But my initial thought is to speak with their customer service rep again and push her for more cash. Anyone able to offer greater insight?

UPDATE: They called again and as soon as I began the 250 euro discussion they said they were removing the goodwill gesture as I would be seeking future legal action. No other proper discussion and they ended the call.

lukedavid92

Hi all,

I'm looking for some help if possible. We boarded our plane as normal and were waiting for permission to take off at 2.20pm when the pilot announced that because of an incident at Tenerife airport we had to hold take off until further information was given. After a short time we were given more information that the runway was disabled because a plane had burst 2 tyres on landing meaning the runway was closed. After some time we were told that we maybe able to land at the North airport and were waiting permission to take off. After another wait we were told this was not possible and our flight would be cancelled until the following day. We were sat on the runway for 4 hours in total. We were put up in a hotel for the night taking off the following day at 9.35 am. Our holiday was a package through Jet2 for 7 days and this meant we lost nearly a full day of our holiday. I put in a claim to Jet2 which was rejected because they said it was out of their control. This was their response:
On investigation, the aircraft due to operate your flight was unable to do so as scheduled due to Air Traffic Control Restrictions, more specifically, the closure of the runway.

After careful review, we believe the above reason constitutes an extraordinary circumstance. We also strongly maintain that all reasonable measures were taken to both prevent the extraordinary circumstances and reduce the delay. Compensation for delays caused by extraordinary circumstances are excluded under EC Regulation 261/2004.

Our conclusion is further fortified by a non-exhaustive list of matters considered to be extraordinary circumstances published a working group of the National Enforcement Bodies (NEBs), which are responsible for the enforcement of EC Regulation 261/2004.

Paragraph 29 of the list confirms that the NEBs consider “Air Traffic Management: Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival” constitute extraordinary circumstances. This has been published on the Civil Aviation Authority (CAA)’s website.

I am just trying to clarify if there is any way of appeal.
Thanks in anticipation.

leylandsunaddict

The runway was closed causing a lot of delays, diversions and cancelllations and EU261 compensation isn't due for extraordinary circumstances.

Instead of approaching the airline for delay compensation which was never going to be applicable you should have tried approaching the tour operator about compensation for the lost day. You could always try that now.