Compensation for delayed flights Discussion Area

Julie_Keeble

i have made a compensation claim against Ryanair through Resolver on your website and have had to escalate as per the advice. I have still not heard anything and advice is to escalate with Chief Executive. I'm not sure how to do this as there is no forwarding advice
Any ideas?

pickeringunited

What happens to your rights to compensation if I book a BA flight but due to the partnership arrangement between BA and american airlines end up being delayed by an AA flight internal in the USA. Can BA refuse my compensation claim?

Caz3121

pickeringunited wrote: »

What happens to your rights to compensation if I book a BA flight but due to the partnership arrangement between BA and american airlines end up being delayed by an AA flight internal in the USA. Can BA refuse my compensation claim?

you would not be claiming with BA. EU261 claims are against the operating carrier. As a non-EU airline, AA flights are only covered when departing the EU

Tyzap

johncc wrote: »

Hi
A question about a "double" cancellation issue.
A booked a flight with TAP from London City Airport to Porto (Portugal) on Monday 25th June (depart 3pm, arrive 6pm)
On arrival at the ariport at 1pm I found out that TAP had cancelled the flight - without informing anyone.

At the airport I was offered an alternative flight to Porto from London Heathrow via Lisbon (depart LHR 18:45, arrive Lisbon 21:25, depart Lisbon 22:30 arrive Porto 23:25). I accepted this offer (as it would at least get me to Porto on the same day) and they also paid for a taxi from London City to London Heathrow. They did NOT offer me any food or phone vouchers.
I arrived at Heathrow in good time only to see that the flight to Lisbon was delayed by 30 minutes on the departure boards, which was slightly worrying me as I only had an hour leeway to make my connecting flight.
This flight eventually departed an hour or so late, so I was expecting to miss my connecting flight but, knowing the rules, I was expecting to get at least a hotel for the night and a flight to Porto the next day.

However, when we landed in Lisbon (an hour late) it appeared that the connecting flight to Porto was also running late so I was able to board this flight after all. BUT, this flight then say on the runway for an hour (it was delayed as they had to remove luggage from the hold for 'missing' passnegers) and then it was cancelled (apparently due to 'works' at Porto airport).

There then followed much confusion in Lisbon airport - had to locate and retrieve my hold luggage then try to find TAP staff at 1 a.m. End result was that TAP staff said that there were no more flights and that everyone had to either (a) make their own way to Porto and claim money back or (b) stay in the airport until 7 a.m. and then queue up and MAYBE they could find alternative flights the next day. No hotels were offered, even when quoting the relevant EU regulations to them. By persistence and patience I was eventually (at 2 a.m.) offered a flight at 9 PM on Tuesday 26th. This would have meant missing another day in Porot so I declined the offer and made my own way to Porto by the first train at 6 a.m.


My question is whether I can claim compensation for BOTH my cancelled flights or do they count as 1 journey?

If I have understood the regulations correctly, then I presume that I am entitled to at least a refund of my flight costs AND compensation of 250 euros (and maybe food/train expenses too?)

Hi John,

As you were re-routed and were on different flight numbers etc I believe you can claim compensation for both flights, see below, the cost of transport from Lisbon to Porto, a refund of the un-used sector plus any duty of care expenses that you may have incurred.

Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11). The Commission recommends that options are clearly spelled out to passengers when assistance is to be provided.

I think you're understanding of the regulations is spot on.

Good luck

JPears

Agreed. But expect a fight from one or both. I would be inclined not to mention the re-routed flight to either airline. Treat as 2 entirely separate claims.

hl254

Vueling was no listed in the airlines thread.

newbie8

Hi All,

My mums flight was delayed because of an Air France strike. I submitted a claim via Easyjet's website. The flight was from UK to Paris. The flight was originally booked for 22 May 2018, she didn't fly till the 24 May 2018. We received a reply on 28 June 2018 from Easyjet saying that the claim was rejected. I've read online and can't see why it would be rejected. Easyjet have said that mum maybe able to claim expenses, mum made the trip to the airport, my brother took her and he took the day off as well. Are those classed as expenses? Easyjet's reply is below.
Thanks for any comments.

Decision summary: We!!!8217;re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.

We!!!8217;re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.

Our assessment of your claim

To further explain what happened on the day; a French National Strike was called affecting all transportation services across the country. The industrial action would impact on air traffic using air space over France and on French airports in terms of both air traffic controllers and ground handling services. We were directed by the French Civil Aviation Authority (DGAC) to cancel flights but it was anticipated that major disruption to our network would result on both the 22nd and 23rd of May with delays and cancellations affecting many other flights as a knock on effect. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. However, in the circumstances, these options were not possible as the cancellation to your flight was as a direct result of French National Industrial Action.

EU261 Regulation

When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under EU regulation 261/2004 as being affected by !!!8220;extraordinary circumstances!!!8221;. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure.

EU261 compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled, and the reason for the delay or cancellation was within our control. This type of disruption is classified as !!!8220;non-extraordinary circumstances!!!8221; in the EU Regulation. Examples of this include most aircraft technical faults or when we haven!!!8217;t taken reasonable measures to prevent or minimise disruption. A copy of the regulation can be found at http://eur-lex.europa.eu

Expenses
Even if your compensation claim has been declined, you may be eligible for reimbursement of reasonable expenses incurred as result of the disruption. If you have not already done so, you may submit an expenses claim on our website at https://www.easyjet.com/en/help/boarding-and-flying/delays-and-cancellations. Please read this carefully before submitting a claim as this explains how we assess expenses.

The only way to make a claim is via our expenses webform, we can!!!8217;t process claims submitted by email or over the phone.

Your options now
We hope this letter clearly explains why we had to delay your flight. Our assessment team have thoroughly investigated all the available information and our decision is final.

Our Customer Services team will not be able to access any more information than we!!!8217;ve provided here. Please read our !!!8220;compensation explained!!!8221; section on the following link which will hopefully answer any further questions you may have.

If, after reading this, you still would like to challenge our decision you should contact an Alternative Dispute Resolution (ADR) supplier. The Centre for Effective Dispute Resolution (CEDR) is approved by the CAA to provide dispute resolution services and an independent adjudication of your complaint under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. CEDR!!!8217;s contact details are:

Centre for Effective Dispute Resolution
70 Fleet St., London EC4Y 1EU
Website: https://www.cedr.com/aviation
Email: aviation@CEDR.com

If you decide to refer your case to CEDR, please note you will need to refer your complaint to them within 12 months of this email.

Once again we are sorry for disrupting your flight.

Justice13075

Start by putting in her cancelled flight details into bottonline and then EuClaim and see what they say.

newbie8

Justice13075 wrote: »

Start by putting in her cancelled flight details into bottonline and then EuClaim and see what they say.

Darn.. not able to claim!

NoviceAngel

newbie8 wrote: »

Darn.. not able to claim!

No indeed you can’t claim EC261/2004 compensation not for industrial action by ATC. Your mum should be able to claim ‘right to care’ costs, that includes meals any soft drinks, transportation costs to and from the airport, but not any consequential losses such as lost earnings...

If you have receipts then you should submit a claim for these....