Compensation for delayed flights Discussion Area

JPears

yes, just pick up where you left off.

Karolka

Hello,
Just wondered if you can give your opinion on my case.

We were travelling to Amsterdam from London City for a short city break, with flights back booked for Monday 7am. The fight by Flybe (original time was Saturday 8:45am) was initially delayed, and 2.5h after the original time of travel it was announced cancelled. The reason given was that in Amsterdam there was a freezing fog and their planes cannot travel in that weather. The planes were smallish, not sure the type.
We were told that the next available flight by flybe is two days later, which we obviously didn't take. We then booked evening flight from Luton and landed in Amsterdam after midnight. Do you think we are due any compensation? It is weather related, but other airlines were able to fly, we asked BA desk and they had flights available, although too expensive for us. Also we flew with Vueling later in the evening with the weather same if not worse.
Many thanks for your input

pg1965

Hi, has anyone successfully received compensation for a delayed flight TO Gibraltar from UK?

A claim was made and rejected by the airline, siting Article (1)(3), which excludes Gibraltar as a member state. I went to arbitration with CEDR, arguing that Artcle3(1)(a) defines the scope as flights from EU Member States, and therefore includes flights from UK to Gibraltar. The adjudicator ruled in favour of the airline, referencing article (1)(a), but made no reference in their ruling about Article(1)(3).

I have since written to the CAA, who have confirmed that flights from UK TO Gibraltar are covered by the Regulations (flights FROM Gibraltar are excluded). Wrote to CEDR again with this additional evidence and they are refusing to re-open the case or review their adjudication.

I have raised a complaint against CEDR. CAA have replied - "CEDR do take a different view from us as regards the application of the law (Regulation 261/2004) to flights from the UK to Gibraltar. CEDR are able to take their own independent view of the law but this is a matter we are discussing with them."

Seems odd CEDR can "interpret" the law differently from the statutory body that regulates it in the UK!!!

Anyway, has anyone been successful in claiming for delayed flights TO Gibraltar from the UK?

The CAA say, "We are currently looking at how many consumers this may be affecting and continue to discuss the matter with CEDR." If you have been affected, their email address is consumerenforcement@caa.co.uk.

jpsartre

All flights FROM member states are covered by EU261, regardless of airline or destination. See article 3.1.a. If CEDR are denying (or unaware of) this it casts serious doubts on their competence.

Justice13075

jpsartre Is correct, it does not matter which airline you fly with or where in the world you fly to if you fly from the UK and your flight arrives at its final destination more than 3 hours late and the delay was not caused by an extraordinary circumstance you are due compensation. Google and download Vaubans guide. There is a template letter on page 6.Send it to the airline.

JPears

As Justice and jps have stated, CEDR are clearly wrong on this matter.
This now raises the question as to who regulates ADRs to make complaints to?
If you look at the CEDR website, you are only allowed to make a complaint about the adminstration aspects of the service and NOTHING else. The irony.
Pathetic.
Every business and organisation should have a full and thorough complaints procedure for every aspect it is involved in.
As usual the CAA are as about as much use as a chocolate teapot.

Vauban

Whilst it is tempting to think CEDR should follow the CAA as the principal authority on Regulation 261/04, be careful what you wish for. It wasn't all that long ago that the CAA were drawing up absurd lists of extraordinary circumstances, including unexpected technical faults, that stopped a lot of people from making legitimate claims. Their apparent inability to understand the Regulation and apply it fairly to passengers was only ended when UK courts dismissed the CAA's guidance as bunkum.

JPears

The CAA is the definition of pointless....

SILASBLAGGS

I was also on that Vueling flight on the 9th of March from TFS to MAN.
Did you get anywhere by going through Bott?

araeho

Hi we've got a vested interest in this now as we we were delayed by 2.30 mins due to tech fault from Manchester Dubai which then meant we missed the connection (also Emirates) from Dubai to Kuala Lumpur meaning 11 overall delay to finAl destination. So I'm hoping the ruling that it's one journey written on one contract is upheld and Emirates fail.

Does anybody have any update on time line as requested by John?