Compensation for delayed flights Discussion Area

JPears

They maybe following ATC instructions but I would have thought in broad daylight a captain and his copilot would have the where-with-all to avoid colliding with another 737 in front of them...
Even if the RA 737 was not quite in the right position on taxi point, its still the responsibility of the aircraft behind to ensure they have sufficient room to manoeuvre.

legal_magpie

Sounds like a typical small claims RTA

Justice13075

The safety of the passengers and Aircraft is the sole responsibility of the captain.

JPears

And so we are faced with a regulation irregularity in that the Primera passengers will be able to claim against the airline as it was totally preventable incident, not an EC whereas RA passengers may struggle or have a fight on their hands as outlined above!

symphony63

I can't find clear guidance on this forum regarding a lightning storm.

My question is, when is lightning strike classified as EC and when not? Has the ruling in Evans V Monarch 2016 been overruled?
Some airlines still seem to heavily rely on lightning storms being EC

kirstymiji

Hello, am new to all this and wonder if some one could help me.

I recently flew with Ethiopian Airlines from London to Nairobi (via Addis).

We boarded in London on time and then sat for three hours on the runway (!) because we were supposed to fly through German airspace and they were only letting limited numbers of flights through as they were experiencing bad weather.

Leaving London three hours late, meant we missed our connection (also with Ethiopian) in Addis and then missed our connecting flight (not with Ethiopian) in Nairobi.

I wrote to complain to the the airline, firstly because I was traveling with two young children and whilst sat on a runway at Heathrow for three hours at 9pm til midnight, I had to practically beg for food and drinks for my kids. Anyway I then heard that if you are delayed by 3 hours or more you can claim compensation, so I wrote to them asking them for compensation.

They wrote back saying that as this bad weather in Germany amounted to 'extraordinary circumstances' they were not liable to pay any compensation.

Having looked online a bit it seems that bad weather in Germany is not necessarily classed as 'extraordinary circumstances'.......

Can I proceed with a claim? Should I proceed with a claim? How can I proceed with a claim?

Any advice would be very gratefully received - 'extraordinary circumstances' seems like a bit of a minefield!!!!!

Thanks

Caz3121

the test is whether the delay is within the airlines control. What was stopping the airline operating at 9pm...this sounds like a mixture between weather and air traffic, neither of which can be controlled by the airline so no EU261 compensation would be payable

jpsartre

kirstymiji wrote: »

Having looked online a bit it seems that bad weather in Germany is not necessarily classed as 'extraordinary circumstances'

In this case, it sounds like bad weather was directly affecting the operation of your flight. If so, this is extraordinary circumstances. I don't see any merit to your claim based on what you've said.

kirstymiji

Hello, am new to all this and wonder if some one could help me.

I recently flew with Ethiopian Airlines from London to Nairobi (via Addis).

We boarded in London on time and then sat for three hours on the runway (!) because we were supposed to fly through German airspace and they were only letting limited numbers of flights through as they were experiencing bad weather.

Leaving London three hours late, meant we missed our connection (also with Ethiopian) in Addis and then missed our connecting flight (not with Ethiopian) in Nairobi.

I wrote to complain to the the airline, firstly because I was traveling with two young children and whilst sat on a runway at Heathrow for three hours at 9pm til midnight, I had to practically beg for food and drinks for my kids. Anyway I then heard that if you are delayed by 3 hours or more you can claim compensation, so I wrote to them asking them for compensation.

They wrote back saying that as this bad weather in Germany amounted to 'extraordinary circumstances' they were not liable to pay any compensation.

Having looked online a bit it seems that bad weather in Germany is not necessarily classed as 'extraordinary circumstances'.......

Can I proceed with a claim? Should I proceed with a claim? How can I proceed with a claim?

Any advice would be very gratefully received - 'extraordinary circumstances' seems like a bit of a minefield!!!!!

Thanks

Victor_Mildew

It's easy to see if your DEPARTURE is delayed by over 3 hours, but how do we assess the delay in ARRIVAL (which, as I understand it, is crucial to the entitlement to compensation)?

On Sunday 25th June, 2018, Easyjet Flight EZY490 was scheduled to fly from Edinburgh to Belfast International at 2135. The flight was delayed and although a search against that flight shows an "actual" departure time of 0033 hours (Source: Flight View) I know that information is wrong. I checked my watch against the airport departures board and the aircraft first moved under its own power at 0040 hrs and took off at 0046 hours. I would happily swear to that in court under oath.

I recorded the LANDING time as 0115 hours and wheels-stop at 0119 hours. I didn't time the first door opening, but it must have been no less than several minutes later.

"Flight View" records "arrival" at 0119 hours. (Does that mean landing? or wheels-stop? or door open?)

My FIRST question is why the "Flight View" information on the time of departure is completely wrong? Wherever that figure comes from, it is definitely wrong. Who supplies it? I realise that departure time is not the important factor, but if it is so wrong, how can anyone trust the rest of the information. (Do I detect the odour of rodent?)

My SECOND question is: for compensation purposes, how do we define the arrival delay? "Flight View" shows the scheduled departure/arrival times as 2135 and 2225, but Edinburgh to Belfast is certainly not a 50 minute flight. The ACTUAL flight time (T/O to T/D) was 29 minutes, or 33 minutes to wheels-stop. It's all very well for an airline to schedule a flight as 50 minutes (to guard against a short hold-up on the departure airfield) but I have no reason to doubt that if the aircraft had taken off as scheduled at 2135, it would have landed at approx 2204 and come to a halt at around 2208. On that basis, my arrival was not less than 3 HOURS 11 MINUTES late. (If Easyjet were to point to the SCHEDULED arrival time of 2225, then the delay would have been under 3 hours. ]What counts? The arbitrary "scheduled"arrival time or a realistic "real-world" arrival time?

One final point: although I don't know the exact time between wheels-stop and first door-opening, it seems reasonable to assume it would have been the same regardless of the delay. What would be normal? 5 minutes?