Compensation for delayed flights Discussion Area

ado

jpsartre wrote: »

Georgian Airways is not a community carrier so EU261 applies only on your outbound flight.

Thanks JP. I thought that something like that would be the case.

Tyzap

Some regulation changes today.

Booking agents can now be held financially liable for some problems and the following, which is more related to EU261...

2.2.6. Scope of the Regulation in relation to the Package Travel Directive
Article 3(6) and Recital 16 of the Regulation stipulate that it also applies to flights within a package tour, except where a package tour is cancelled for reasons other than cancellation of the flight. It is also stated that the rights granted under the Regulation do not affect the rights granted to passengers under the Package Travel Directive21. Travellers thus have, in principle,rights in relation to both the package organiser under the Package Travel Directive and the operating air carrier under the Regulation. Article 14 (5) of Directive (EU) 2015/2302 on package travel and linked travel arrangements, which will become fully applicable on 1 July 2018, also provides that any right to compensation or price reduction under that Directive does not affect the rights of travellers under the Regulation, but specifies that compensation or price reduction granted under passenger rights regulations and under that Directive shall be deducted from each other in order to avoid overcompensation.
However, neither the Regulation nor the Directive deals with the question of whether the package organiser or the operating air carrier ultimately has to bear the cost of their overlapping obligations22. Resolving such a matter will thus depend on the contractual provisions between organisers and carriers and the applicable national law. Any arrangements made in this regard (including practical arrangements to avoid overcompensation) must not impact negatively on the passenger's ability to address his claim to either the package organiser or the air carrier and to obtain the appropriate entitlements.

Blade74

Hi hope I'm in the right place my niece was meant to fly to Cancun from Manchester on a package holiday . Meant to leave at 9:55 am 18/06/18 . They eventually got on a flight at 11pm that night after 2 different planes where meant to come for them flying with tui on the dreamliner. So a 13 hour delay on flight also a lost days holiday . I am new to this but want to help is the resolver the best way to tackle this. For compensation
Many thanks in advance

Justice13075

What were the circumstances of the delayed flight, Why the delay, dependent on the circumstances she and whoever she is traveling with could well be due compensation? A little bit more info is needed to make a judgment. Google and download Vaubans Guide all you need to know is there.

Blade74

Mechanical fault on plane is all they was told . Thanks for your reply

rego

I have recently put in a claim for a delayed Thomas Cook flight (approx. 12 hrs) back in 2012 from Manchester to Enfidha (Tunisia - which is over 1500 miles distance), which was delayed having made an emergency landing at Gatwick following a technical issue. I have received a response, which is deemed as the full and final settlement. The offer is by way of voucher and includes increased compensation of £400, which is only available when a voucher is accepted as compensation.


If they are willing to add extra compensation, why is it only if a voucher is accepted. Voucher is Valid for the next 12 months. Should I just accept the voucher (including extra £400), or should I be looking for a cash (cheque) settlement and argue that if they are willing to pay extra compensation, then pay it in cash too.


Should I just accept the voucher because it is more?

Caz3121

up to you...the EU261 compensation is a set amount. Some airlines will offer a higher amount if you take it in vouchers as they know they will be getting it back again. If you want more than the set amount and you want to book a Thomas Cook flight then the voucher would be a better deal but otherwise you can take the lower amount in cash

Justice13075

Blade. Put the flight details into bottonline and then euclaim and see what they say and then get back

Crowey

I recently put in a claim with TUi using Resolver for a delayed flight, within 17 days I received a letter and a cheque for compensation but only for 1 person (€400) (which is good I suppose) but the booking and subsequent claim were for the 4 people on my booking. Is this an error on their part or are they hoping I’ll just not bother with the rest? I’ve emailed them but not yet had response and can’t get through on the phone. I’m worried that if I cash the cheque for the 1 person payment then I’m excepting the compensation if you see what I mean.

Blade74

Thank You for your time and your replies I am going to start tonight
Thanks