Compensation for delayed flights Discussion Area

zorber

This is very similar to my complaint. Delta dont want to know, however Aviation ADR rules in my favour however the difficulty is collecting the money it would seem as AviationADR havent responded to me in some time now and i doubt delta are going to pay up unless i do small claims court.

dbhadri

Thanks JPears

The delay was because Delta had to swap aircraft. The originally scheduled aircraft 'had not completed maintenance' so they had to wait for another flight to come in from Las Vegas which was a plane of sufficient size to carry all the passengers to Orlando

Also, what is an EC as per your post?

JPears

Extraordinary circumstance ie ATC restreiction, certain weather events medical emergency or security issue.
Yours doesn't sound like an EC.
You need yot give Delta another chance to correct their error/deliberate lie, pointing out the relevant articles of the regulation. Your "single journey"/final destination element was established by the Gahan case.
You could try an ADR if Delta continue to deny you your claim, rather than taking them to court.

But as you can see the issue is getting the airline to pay up with an ADR.

Stephen.Cockburn

Hi all

I'd appreciate some advice - I suffered a flight delay of about 4 hours on a trip between Newcastle and Dakar, via Brussels, with Brussels Airlines.

The problem was with the outgoing Newcastle-Brussels leg, operated by BMI, which was delayed by nearly 5 hours. As I would miss my connection to Dakar in Brussels, they chsnged me to an Air France flight instead, arriving in Dakar about 4 hours later than the original plan.

When applying for compensation from Brussels Airlines, they claim they have no responsibility as the outgoing flight was operated by BMI and I must contact them. I wondered about this, as I booked and paid through the Brussels Airlines website - it is they that offer the BMI as a connecting flight, and I bought the flights as a package.

Are Brussels thereby really able to pass the buck on this, or should they not bear responsibility as the organisation to whom I paid?

And could BMI claim that as I did not board their flight to Brussels, I could not claim compensation from them?

Thanks in advance for any advice, Steve

Tyzap

Stephen.Cockburn wrote: »

Hi all

I'd appreciate some advice - I suffered a flight delay of about 4 hours on a trip between Newcastle and Dakar, via Brussels, with Brussels Airlines.

The problem was with the outgoing Newcastle-Brussels leg, operated by BMI, which was delayed by nearly 5 hours. As I would miss my connection to Dakar in Brussels, they chsnged me to an Air France flight instead, arriving in Dakar about 4 hours later than the original plan.

When applying for compensation from Brussels Airlines, they claim they have no responsibility as the outgoing flight was operated by BMI and I must contact them. I wondered about this, as I booked and paid through the Brussels Airlines website - it is they that offer the BMI as a connecting flight, and I bought the flights as a package.

Are Brussels thereby really able to pass the buck on this, or should they not bear responsibility as the organisation to whom I paid?

And could BMI claim that as I did not board their flight to Brussels, I could not claim compensation from them?

Thanks in advance for any advice, Steve

Hi Steve,

It's the operating airline that is responsible, so yes BMI. Inform them that you were re-routed by Brussels Airlines.

The exact time that you arrived late in Dakar is crucial in this case as below 4 hours would enable the airline to pay a reduced rate of 50% of the compensation, over 4 hours would be the full rate of €600.

Good luck.

DrA_Harrogate

"Interesting" article in the Mail on Sunday illustrating their shaky grip on the facts - so it's "easy" to claim compensation is it? I suppose they get a reluctant nod for mentioning the topic at all. Not heard of AirHelp, who get some nice free publicity.


https://www.dailymail.co.uk/money/holidays/article-6611035/Are-one-countless-flight-delay-victims-missing-compensation.html

zorber

Hi
Just researching into doing MCOL and i came across this
Claims issued via MCOL can only have one claimant
So im the person who bought the flights but i guess i am claiming on behalf of several people and a number of them are children. Do i need to include them all as claimants? Do any of the other claimants need to sign any form of declaration or anything similar?

Tyzap

zorber wrote: »

Hi
Just researching into doing MCOL and i came across this
Claims issued via MCOL can only have one claimant
So im the person who bought the flights but i guess i am claiming on behalf of several people and a number of them are children. Do i need to include them all as claimants? Do any of the other claimants need to sign any form of declaration or anything similar?

You need to use the paper N1 version if there is more than one claimant, not the on-line version which for for single claimants only.

See Vaubans guide, details just blow here...

legal_magpie

To add children as claimants requires that someone is appointed as a litigation friend. This can be complicated and you need to research it before issuing. You definitely cannot use MCOL

sassi0306

Hi, I am looking for some advice or if someone can point me in the right direction. Arrived this afternoon at Melbourne airport for an Etihad flight to Abu Dhabi due to leave at 16:50 to be told it is delayed until 05:00 tomorrow at the earliest. We have been put in a hotel that they are paying for but no food vouchers. We are also losing a night in our hotel in Abu Dhabi. Any assistance on what we are entitled to and if we can claim compensation would be very much appreciated. Thanks