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Compensation for delayed flights Discussion Area

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  • delvey
    delvey Posts: 175 Forumite
    Need some advise please:
    I was due to fly from Manchester Airport to Ibiza on Friday 1st July at 23:30 with Thomsonfly, on flight TOM2592
    Approximately 10-15 minutes before departure time, we were informed the flight was cancelled due to, and I quote, "Unable to get a flight crew"
    We were told that hotels were being arranged and the flight was being re-arranged. Those with children were given hotel accommodation fairly quickly, however nobody else was. After an hour or so we were told the flight had been re-arranged to Saturday 2nd July at 09:00, and they were still trying to organise transport to our hotel.
    After a further hours wait in the airport, we were still waiting for transport, and this is when some of us inquired about vouchers for drinks or food etc.
    These were provided some time later.
    At approximately 3:00 on the 2nd July we were told that no transport could be found, and that at 4:00 we would be escorted to passport control, and to pick up our luggage so we could check back in.
    We did the above, checked-in and was provided vouchers for food (£10 per person) and then proceeded back to the terminal for our flight.
    My question is, would this be classed as a cancellation? The flight number remained the same, the flight information screens did not show it was cancelled. They showed go to gate then disappeared. However the Manchester airport iPhone App showed it was cancelled. I am going to claim off thomsonfly for a cancelled flight, as we had to leave the terminal and recheck back in. And what could I do about not being provided accommodation for the night?
    Thanks in advanced
  • delvey
    delvey Posts: 175 Forumite
    anyone any advice?
  • Kira000
    Kira000 Posts: 1,983 Forumite
    Weather and the 'exceptional circumstances' defence
    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.

    Well, the issue about mechanical delays is tricky. It is generally down to whetgher it was forseeable/avoidable. i.e if a plane has a general fault, then it can be argued that maintenance and checks should have avoided it, and therefore the airline could be held responsible. If however for example, a plane is hit by debris on a runway, which causes damage and a delay whilst it was fixed, then it was not in the airlines control, so would therefore not be liable.
    In your case, they certainly could not have changed the weather, and if high winds/cross winds caused a heavy landing, and subsequent delay due to damage checks/fixings, i think there would likely be sympathy to the airline not being able to avoid/prevent. Of course they could, i suppose have diverted to another airport due to the weather, and not had the heavy landing, but you would still have had the delay whilst the plane positioned back to you later, and the weather would still have been a reasonable unavoidable cause.

    I would say save your money on this one i'm afraid.

    K
    Married 13/03/10 #1 DD born 13/01/12!!

    ;)Newborn Thread Founder ;)
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    Read up about the sturgeon judgement stay delvey.
    Posts are not advice and must not be relied upon.
  • normal
    normal Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I'm Stuck at east midlands at the moment for a ryanair flight to Venice. It should have left at 17.40 and may leave at 21.30. Issued for meal vouchers an hour ago and still got nothing. What are my rights and claims for compensation? Staff are contradicting the guide on here. They told me I can only get compensation if I leave.
    Thanks
    A Frustrated Passenger
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    You have right to care, normal

    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.

    Hope you go at 22.40 normal
    Posts are not advice and must not be relied upon.
  • normal
    normal Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks!
    I hope I'm leaving. They didn't offer me any calls (I want to call ryanair Cs!) and I've had a whole £3.50 for food. Not enough for a drink and sandwich ....
  • poet123
    poet123 Posts: 24,099 Forumite
    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.

    Yes, I checked, it is 12 hours, so no joy there.
  • bess
    bess Posts: 16 Forumite
    Please can anyone advise on the following

    we were due to travel to Ibiza from Manchester on the 20th July at 6am flight tcx2002 on arrival at check in we were advised due to disruption on the fleet this was now being operated by a smaller aircraft and that this flight was now full and we were now on the 9am flight TCX3124 and given a £4 voucher for food. I mentioned at the time how would i go about making a claim for denied boarding but was told that this was not the case as they were putting us on a flight.

    I strongly suspect the flight issue was known about a few days in advance as the flight we went on TCX3124 came in from glasgow (many disgruntled passenagers about having to stop in manchester) but also on the flight where people that had booked a 9am flight from manchester but had only booked 2 or 3 days prior. There was lots on confusion as due to an issue at check in people had been allocated the same seats in glasgow and manchester so there were 3 people for each seat which ment cabin crew had to re arrange peoples seating on boarding. We eventually left at 9.20 so a 3 hour 20 min later then planned.

    Please can anyone advise if this is denied boarding and if so is compenstion due unsure with being put on the later flight if it is half the suggested 400 euros.

    many thanks
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    edited 4 August 2011 at 10:26PM
    Please delete....
    Posts are not advice and must not be relied upon.
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