Compensation for delayed flights Discussion Area

Tyzap

Happy_Dude wrote: »

Hi everyone.

I booked up to go to New York for my wife's birthday in Feb.

Norwegian have since pushed my flights (both out and in) back by exactly 24 hours.

I unfortunately got the hotel on a deal which has no cancellation on it.

I have contacted the hotel to see if I can push the whole booking back a day (unlikely given the type of offer). We were supposed to be flying back on valentines day, so I could see it that even if they agreed to change the dates, there would be a fairly large charge on the valentines night room.

I would still love to go. The actual pushing back of the flights are fine if the hotel is ok to push the booking back as we already have the time booked off work.

If I need to book an extra night in a hotel (whether this or another one), will I be able to claim this against my flight operator? I have not accepted the flight changes yet.

Cheers

Liam

Hi Liam,

Unfortunately you cannot claim for consequential losses via EC261, it's something it just doesn't take into account.

In the future when booking hotels try to find ones that are cancellable up to just a few days before your trip. Hopefully you will be able to change your hotel dates at no extra cost.

I'm away right now and all four hotel bookings were cancellable up to just a few days before arrival. It's not infallible, but can be very helpful when things go wrong.

Another alternative, depending on your circumstances, may be to depart a day earlier, the airline should accommodate this if possible. Negotiate with the airline to suggest what you want as an alternative.

Good luck.

JPears

Of course there is the other option available in regulation 261/2004.
Norwegian have effectively cancelled your flight. The regulation requires them to re-route you at your convenience. Clearly a 24 hour delay is not convenient.
That re-routing may either be on a different Norwegian route ( they are responsible for getting you to and from your original departure/arrival airrports.
Or a flight on an alternative airline.
Airlines should make you aware of your rights in this regard, but alsa many don't.
Download the regualtion EC 261/2004, Articles 5 and 8 ae what you need to quote at them. Check what similar flights are available and ask Norwegian to rebook you on those, at their expense. They'll probably refuse, (get it all in writing or email) in which case book it yourself then re-claim it off Norwegian. Unfortunately you will probable have to take legal action to recover this...
What were your original dates and route?

Happy_Dude

Thanks very much for the replies.

The original route was:

Edinburgh > New york Stewart Intl 07/02/19 16:15 > 19:00
New york Stewart > Edinburgh 14/02/19 20:45 > 08:05

The new one is:
Edinburgh > New york Stewart Intl 08/02/19 16:15 > 19:00
New york Stewart > Edinburgh 15/02/19 20:45 > 08:05

I am still waiting on the hotel getting back. They have availability on the 14th for us to stay so hopefully they will be flexible enough and just change our itinerary a day back.

I'll wait until the hotel get back to me and i'll assess my options

I'm pretty sure no other airlines fly directly from EDI-SWF which they may claim is a separate route. I can just see how they wriggle out of things. Also, the flight number not changed, it was only the dates. Im wondering if the "cancellation" aspect would come into this.

Cheers

Liam

Tyzap

Happy_Dude wrote: »

Thanks very much for the replies.

The original route was:

Edinburgh > New york Stewart Intl 07/02/19 16:15 > 19:00
New york Stewart > Edinburgh 14/02/19 20:45 > 08:05

The new one is:
Edinburgh > New york Stewart Intl 08/02/19 16:15 > 19:00
New york Stewart > Edinburgh 15/02/19 20:45 > 08:05

I am still waiting on the hotel getting back. They have availability on the 14th for us to stay so hopefully they will be flexible enough and just change our itinerary a day back.

I'll wait until the hotel get back to me and i'll assess my options

I'm pretty sure no other airlines fly directly from EDI-SWF which they may claim is a separate route. I can just see how they wriggle out of things. Also, the flight number not changed, it was only the dates. Im wondering if the "cancellation" aspect would come into this.

Cheers

Liam

It will not be classed as a cancellation by the airline, they will call it a flight schedule change, which with advanced notice, they can get away with.

Good luck.

JPears

When you booked, where there daily flights or just specific days? If the former, then I suspect they have just pushed you on to the following days flight (which will have the same flight number)
I am still of the opinion that the airline are obliged to provide the re-routing option. Would an indirect flight be an option?

symphony63

Tyzap wrote: »

It will not be classed as a cancellation by the airline, they will call it a flight schedule change, which with advanced notice, they can get away with.

Good luck.

If I may ask? What's the difference between a 'cancellation' and 'flight schedule change'?
I understand from Article 5.1 (c)(i) that is the flight was cancelled more than 2 weeks before the scheduled flight the passengers have no right to compensation in accordance to Article 7.
Please clarify.

UKroseblue

Hi everyone, am a little confused so have come here to see if you guys can help my daughter as I think she' been fobbed off by FlyBe.
She was due to fly from Dusseldorf to London City on flight BE1400 on 1st November at 6:50am, due to arrive at 7:20am Flght was delayed due to 'technical problems' continuously until around 9:30ish they cancelled it. They rebooked her on another flight later the same day and she eventually arrived around 2:40pm, so well over 3 hours later, which caused her some problems as had some meetings to attend which she missed. They've told her she isn't entitled to anything as the flight was cancelled before 3 hours were up and they rebooked her onto another flight. Is this correct or as I believe, she is entitles to make a claim for compensation, even though they rebooked her?

A an aside, she actually had a flight booked the previous evening which she missed due to being held up in the security queue at Dusseldorf airport for nearly 2 hours! The flight left on time so she had already rebooked the flight that was then delayed the next day! She actually arrived at home nearly 24 hours after originally planned. Obviously she's not claiming for the first flight from the airline as it wasn't their fault but just saying to put in context how frustrated she was to find the next morning's flight delayed and subsequently cancelled!

Anyway, if anyone can advise, much appreciated.

ReetKaur

Hi

I am wondering if anyone could help me with this. I am self-employed. My VA flight from Vegas to London was delayed by 24 hours in September. I am going to claim compensation for the delay under the EU rules. However, due to this delay, i also lost 1 day's work and earnings. Should the airline compensate me for the lost earnings as well? Is it worth raising such a claim?
Really appreciate any suggestions and advise!

JPears

Sometimes its clear cut, sometimes its a grey area.

My recent cancelled flight with easyJet in June of this year was clear cut.
Booked lfight cancelled day before due to ATC strike (that didn't happen) no alternative offered the next day or in fact until the following week.....
Happy dude's is a bit more grey.

Norwegian have had a great deal of difficulty this year actually having sufficient aircraft available to fly the flights that were offered, sold and paid for in full.
What we don't know with happy dude's flight is if he has been shunted onto the next day's flight or not. We don't know if, when Norwegian accepted his booking, Norwegian were flying the route daily or not. Someone may have that historical information. If they were flying daily, his flight could be considered cancelled and definitely obliges the airline to re-route if necessary. The cancellation would probably be due to lack of aircraft.

If Norwegian weren't flying daily then this could be considered a re-scheduling.
Its then not clear if regulation 261/2004 obliges the airline to re-route the passenger.

JPears

UKrose - Flybe are trying their usual trick of fobbing a passenger of with bull !!!!!. The excuse they have given is pathetic.
What matters is that your daughter arrived at her destination more than 3 hours later and presumably the cancellation wasn't an EC.
Download Vauban's guide (google it), read, procede with next letter demanding payment within 14 days, mark as an NBA/LBA.