Compensation for delayed flights Discussion Area

legal_magpie

It is indeed shocking because the conditions are so one sided. If you'd cancelled
(as opposed to them cancelling, say because you had a clash of dates ) you would probably not have got a refund. But at least you will have a night in a hotel beforehand so treat it as an extra day's holiday and enjoy it

sooperb

Iceland, lucky thing, it's on my want to go list lol. Could you not save parking money by advance booking train tickets instead or is it too early a start? Is there not an option to cancel and rebook with another airline so you can fly from Birmingham? The regulations as far as I know cover delayed arrival, cancellation etc. but not change of departure airport.

Lynthejock

Hi everyone. I got some great advise on here a few months back regarding my mum and dads almost 6 hour flight delay with ASL airlines France. They are very elderly and were in such a state as they were catching a cruise and had such high level of anxiety as they thought the cruise would go without them. I have tried unsuccesfully to get replies from the airline and on the MSE claim form ASL airlines France was not an option in the drop down menu. I contacted the CAA in October last year and again after lots of emails back and fro to them they have got back to me saying that the airline is refusing to reply to them also and that they have said as a result of their lack of contact I now have a case against the airlines which they will support. However they said they can do nothing else for me. I don't want to put mum and dad through a small claims court so am now willing to go through a company even if it will take 30% of any compensation. Can anyone remember the name of the company that Martin recommended for dealing with flight compensation. Much appreciated. Lynda

Tyzap

Lynthejock wrote: »

Hi everyone. Can anyone remember the name of the company that Martin recommended for dealing with flight compensation. Much appreciated. Lynda

That will be Bott and Co, nwnf solicitors.

https://www.bottonline.co.uk/flight-delay-compensation

Good luck and please keep us up to date with your (their) claim.

Lynthejock

Thank you so much Tyzap

EKnownasBH

Vauban wrote: »

No - there would be no liability for the first airline, since it's not subject to EU 261/04. Booking through the website is irrelevant. The point is that the operating airline for the first leg actually has the liability for a customer whose through ticket connects to another airline. This increases the risks for the first airline in two respects: if they cause a delay less than three hours but sufficient to cause a missed connection, they are liable; and their liability stretches for the whole of the ticket - so it means that a short BA flight delay from Birmingham to London, which causes you to miss a connecting flight on a codeshare airline (booked on the same ticket/PNR) to Bangkok, creates a liability for BA of 600 euros.

Can you help clarify something for me re codeshares and liabilities? This is the closest I've come to knowing whether I have a claim or not and after hours of googling / reading the actual EU 261/04 docs / talking to the CAA etc etc still don't feel I've got a definite answer... Hoping I might have finally reached a source of information that will help me decide. I've got to the point where I almost don't care if I have a claim or not, I just want to know if I should instruct a lawyer or stop chasing an answer and get on with my life!

We (my family) were booked on a through ticket Savannah>Manchester, via Atlanta. Leg 1 was operated by Delta, leg 2 by Virgin, and the ticket was booked with Virgin. The initial Delta flight was delayed (mechanical failure) causing us to miss our connection in Atlanta. We were put on to the next available flight, which was a Delta operated flight to Heathrow (with onward travel to Manchester to be arranged). Other options were offered on various Delta flights the next day that also involved additional transfers in other airports (Orlando or Paris) and we decided to focus on getting back to the UK asap. It didn't occur to me at the time to ask for seats on a Virgin flight, and from what I've read I think Delta having taken on the responsibility of getting us home would have put us on a Delta flight regardless... In any case, we eventually arrived in Manchester well over 4 hours late.

I claimed compensation from Virgin, who just said (in a few more words) "Delta operated the flight so you need to go to them, but they're not an EU-operator so you won't have much luck".

I then went to Delta, who have 'responded' by sending vouchers without any explanatory email (they are of low value ($150 per passenger) and may in any case be in response to a separate complaint re various other unrelated issues but since they haven't explained I don't know!).

So my question is, does the fact I'd booked a ticket with an EU-airline on an EU-airline-operated flight count for anything given that the non-EU airline caused a delay and subsequently 'bumped' me to a different operator?

Caz3121

EKnownasBH wrote: »

I claimed compensation from Virgin, who just said (in a few more words) "Delta operated the flight so you need to go to them, but they're not an EU-operator so you won't have much luck".

EU261state it is the operating carrier that is responsible. Your delayed flight was on Delta from Savannah to Atlanta so does not qualify


So my question is, does the fact I'd booked a ticket with an EU-airline on an EU-airline-operated flight count for anything given that the non-EU airline caused a delay and subsequently 'bumped' me to a different operator?

The fact you booked with an EU airline does not change the fact that Delta were the operating carrier so, sorry no claim
There would be no EU protection for any flight departing Savannah airport as there are no EU carriers/routes

Yvonnemmooney

Flight with BA was delayed by 4 hours and we missed our connecting flight resulting in an overall delay of over 5 hours. We were flying from Accra to Heathrow, flight was delayed because the inward flight from Heathrow to Accra was delayed. We were told that the plane had to be repaired. Claimed compensation but this was denied as BA told me that the flight was grounded due to health and safety reasons, there was a report that there were bugs on the plane and it had to be fumigated. BA stating that it was out with their control. If I appeal do I have a chance of getting compensation. Thanks

JPears

A. Fumigating a plane ie a technical reason is probably not an EC.
B. It wasn't your flight that was directly affected by the technical problem, often referred to as a knock on delay.
Continue with your claim, by sending an NBA.

lauraD_2

Hi Everyone
I wonder if anybody can help with my flight delay as I am having a nightmare regarding what can be classed as a reason for compensation


We were due to fly from new York to Manchester when the snow storm hit early this month and the airport was closed due to adverse weather which caused our flight it be cancelled which I understand.
That was on the Thursday we were due to fly Thursday night 2130


The airport was reopened the next day but we were told by the airline in a text (so I have evidence that this was the reason not the weather )they had send new crew to us and we would fly on Saturday morning 0800 and to find a hotel and save receipts lucky we had a visa with us!!!
Saturday came and we received another text to say we were now delayed to 2200 Saturday night !! by the time we boarded the plane we took off around 615 Sunday morning!!!


The airline is refusing compensation due to bad weather which was on the Thursday my argument is that we were further delayed due to waiting new crew which in my eyes is the airlines fault They have as a gesture of good will offered us 100 per person for which they said I quote as an apology for the crew changes during this delay. ANY ADVICE WOULD BE GREAT !!