Compensation for delayed flights Discussion Area

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  • JPears
    JPears Posts: 5,087 Forumite
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    Hi,
    Were both flights with the same airline on a single ticket?
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  • summerishere11
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    Our original flights were booked through budgetair on the same booking. They were both with Iberia. As we missed our connection from London-Aberdeen, we got put on a later flight from London which was with BA.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Our original flights were booked through budgetair on the same booking. They were both with Iberia. As we missed our connection from London-Aberdeen, we got put on a later flight from London which was with BA.

    Hi,

    The decision by AESA is just their opinion, it carries no weight, is not legally enforceable and the airlines just ignore them. The only way it helps, is as a confirmation that you are due compensation from the airline. They may have only looked at the first flight in isolation, not realising there was a connection to ABZ, so probably a simple mistake.

    It all hinges on whether the booking with budgetair was done as a single booking or two separate bookings. If the two flights were linked (one PNR issued) you would not need to go through check in again at LHR. You would just follow the transfer signs to your next flight.

    If the flights were completely separate you would arrive at LHR, proceed through passport control and then collect any hold baggage and proceed through arrivals.

    Then you would have to return through the whole check in, security check procedure once again, to be able to go air side for your next flight.

    Your compensation amount would be €250, if on two separate bookings and €400 if on one linked booking.

    As Iberia and BA are part of the same group I would think that the two flights were linked on a single booking. Iberia do not fly from LHR to ABZ so it would have always been intended that you boarded a BA (code share) flight to ABZ.

    You're nearly there.
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  • JPears
    JPears Posts: 5,087 Forumite
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    Personally, I'm not convinced that Iberia and BA are classed as the same airline for the purposes of regulation 261/2004. IAG own both Iberia and BA but also own Vueling and Aer Lingus. Qatar Airways have a 15% ownership of IAG. So its complicated and would probably have to be determined in court?
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  • summerishere11
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    Thank you for the reply Tyzap.
    Sorry is the PNR number the same as a booking reference? We got one booking reference (6R48KO) from budgetair for all our flights ( i.e. Flights from Aberdeen to Seville and back home from Seville to Aberdeen, 6 flights in total.)
    I can't quite remember about the security and passport control but the hold baggage went through all the way from Seville-Aberdeen so I am assuming it was linked.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    edited 1 November 2017 at 6:09PM
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    Thank you for the reply Tyzap.
    Sorry is the PNR number the same as a booking reference? We got one booking reference (6R48KO) from budgetair for all our flights ( i.e. Flights from Aberdeen to Seville and back home from Seville to Aberdeen, 6 flights in total.)
    I can't quite remember about the security and passport control but the hold baggage went through all the way from Seville-Aberdeen so I am assuming it was linked.

    Hi,

    The PNR (passenger name record) number is very similar to the booking reference number. You can read about it here....

    https://en.wikipedia.org/wiki/Passenger_name_record

    From the information you have supplied I'm 99% sure it was a single booking, as a result you are due €400 each from Iberia.

    I don't think they are members of an ADR adjudication system so you can issue a LBA followed by MCOL to get this resolved. Alternatively you could use a NWNF solicitor to do all the work for you in exchange for a % of your compensation.

    EDIT.

    After further thoughts.

    I believe that, technically speaking, it may actually be BA who are liable for the payment of compensation even tho the delay was caused Iberia on the first leg. In this case it may be worth claiming from BA before pursuing Iberia any further. It was BA who delivered you late to you're final destination.

    Good luck.
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    JPears wrote: »
    Personally, I'm not convinced that Iberia and BA are classed as the same airline for the purposes of regulation 261/2004. IAG own both Iberia and BA but also own Vueling and Aer Lingus. Qatar Airways have a 15% ownership of IAG. So its complicated and would probably have to be determined in court?

    I wasn't suggesting that they are the same company, just part of the same group, with strong ties. The direct link, for 261 purposes, is the code share arrangement between BA and Iberia.
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  • summerishere11
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    We have already pursued a claim with BA with an outcome that the carrier at fault is Iberia as their plane was delayed due to a technical fault.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    We have already pursued a claim with BA with an outcome that the carrier at fault is Iberia as their plane was delayed due to a technical fault.

    From what you say I think you are definitely due compensation (assuming the cause of the first delay wasn't extraordinary - a technical fault wouldn't be) and liability sits with the first airline (Iberia). Have a read of this: https://www.flightright.co.uk/your-rights/connecting-flights
  • JPears
    JPears Posts: 5,087 Forumite
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    Tyzap wrote: »
    I wasn't suggesting that they are the same company, just part of the same group, with strong ties. The direct link, for 261 purposes, is the code share arrangement between BA and Iberia.
    So by that logic, I could book, through BA website, a single ticket flight from Doha, Qatar to Leeds/Bradford, via Heathrow. First flight Qatar, part of IAG but non EU airline from non EU country, 2nd leg Heathrow to Leeds with BA. Qatar flight is late causing me to miss connection to Leeds. Qatar liable for 261/2004 compensation? I suspect not.
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