Compensation for delayed flights Discussion Area

symphony63

jpsartre wrote: »

Most airlines have a clause in their T&C that allows them to cancel error fares. It's not really something that's covered by EU261.

T&C are one sided then.

jpsartre

Well yes, they are written by the airline so naturally tend to favour them. Whether they are legally enforcable is another question.

Caz3121

since you didn't book direct with BA, you also need to review the T&Cs from the third party who you asked to book the flights (which are often worse than the airlines) however it sounds like you got a refund so I expect it is a case of 'case closed'

Sarnie70

Hi, we were booked on a 1010am flight out of Southampton to Manchester with Flybe last week. At our departure time we were notified of a 30 min delay due to the fog. At 1045 we were told the flight had been cancelled and to return to the main airport area for rebooking/refunds. Whilst queueing we were told there were no further flights available (we were told we could not transfer to another airline out of London) that day and we could either have a refund or they would arrange ground transportation (a coach). As we had to be in Manchester for 8am the next day we took the ground transportation. At 1pm The coach arrived but turned out to be a 7 seater taxi and we were expected to travel on the bucket seats (that fold down) facing backwards. As I had my 78 year old mother with us We said we were not happy and then had to wait a further 50 mins for another car. At 1.50 we left Southampton and arrived at Manchester airport at 6.50 pm. Whilst travelling up I checked the Flybe web site and they did have sufficient seats on their evening flight for us. Can I make any claim for this? We should have arrived in Manchester at 11.15 and did not get there until 18.50.
Thanks in advance for your help,
Sarnie

jpsartre

Sarnie70 wrote: »

Can I make any claim for this?

If the cancellation was due to fog, it's highly doubtful.

bazzagaz

Hi, we were recently downgraded by British Airways on a long haul flight St Lucia to London Gatwick. Having booked as a package via British Aiways holidays we upgraded to premium economy which we received on the outbound flight but on the return flight we were downgraded to standard economy as BA has oversold seats and we did not pay for allocated seating.

I see from the CAA we are entitled as a long haul flight to 75% of the flight cost which i am aware is only applicable to the return element. From memory the additional cost on the package to have prem economy was around £500 each so even if the return element were cheaper you would expect at least £200 each for the upgrade on the return leg.

BA have agreed to the refund at 75% of flight cost but have calculated this at £152 each, which might seem about right for 75% of the upgrade cost but surely this is on top of the original flight cost so should i expect more or is the law convoluted and the seat upgrade is not classed as flight costs. It just seems pretty poor to pay so much for an upgrade, not receive it and then not get at least the upgrade cost reimbursed?

anyone have experience of this as to whether it sounds right or should i be taking this further?

legal_magpie

Bazzagaz, your post is a little confusing. Can you please put in some figures.

jpsartre

bazzagaz wrote: »

BA have agreed to the refund at 75% of flight cost but have calculated this at £152 each, which might seem about right for 75% of the upgrade cost but surely this is on top of the original flight cost so should i expect more or is the law convoluted and the seat upgrade is not classed as flight costs.

You are correct, the downgrade compensation is measured against the cost of the ticket, not what you paid to upgrade. It's somewhat opaque how this is calculated for a package holiday since the flight price isn't specified but as you say, you shouldn't recieve back *less* than what you paid to upgrade in the first place. I'd ask BA for details of how they arrived at the £152 number.

clipclipclip

Hi all,

My claim is for a flight with aeroflot from Bishkek to London via Moscow, when due to delays, I missed my connecting flight, and they had to deal with so many passengers that night that most of us didn't get a hotel overnight, so waited in the airport for 12 hours. Correspondence so far :

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Dear sir/madam,

I am writing to complain about my experience with Aeroflot, which was disgraceful, and did not meet the standards I expected.

Returning to London from Bishkek, flight SU 1881 13th December was delayed, meaning that it landed after flight SU 2584 to London took off. Before I left Bishkek, the Aeroflot representative told me that I would be given a hotel room in Moscow, paid for by Aeroflot. On arrival at the transfer desk, I was given one voucher for food and told to convene at the information desk for a hotel booking 3 hours later, which in itself was poor service. However when I arrived, there was a large queue of people waiting for a hotel, and I was told that as my flight was rearranged to 8am, I was the lowest priority and would not receive a hotel room for the night. I could not believe this, especially, it became clear that Aeroflot and Moscow airport could not handle trapped passengers, as I was rarely given any assurances, and had to hear news from rumours from fellow stranded passengers.

As Aeroflot's own delay compensation procedures state receiving adequate accommodation and subsistence was a right that I was denied due to circumstances out of my control. Additionally, I believe that the inconvenience of having no hotel room to stay at overnight, and the lack of any other convenience or service during my stay at the airport, would entitle me to significant compensation, and re-evaluation of the service provided for stranded passengers.

I have attached a photo of the information desk at 1 am to illustrate the chaos at the airport when I was there.

Kind regards,

---

Thank you for choosing Aeroflot PJSC for your trip from Bishkek to London via Moscow.
We apologize for the inconveniences you experienced due to the delay of the flight SU1881/13.12.2018. We have conducted an internal investigation based on the information you provided and have reached the following conclusion.
Kindly note that passenger air transportation is a complex operational process where may arise circumstances that cause disruption of operation of the flight on schedule.
The flight SU1881!Bishkek – Moscow was delayed for 39min due to restriction of air traffic control at Sheremetyevo airport. Thus, the delay happened due to the reason beyond the carrier’s control and Aeroflot was unable to ensure against the delay.
We would like to inform you that international carriage is subject to the rules of liability set forth in the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, May!28.1999).!In accordance with Article 19 of Convention the carrier is not liable for damage caused by delay if it proves that it and its servants and agents have taken all possible reasonable steps to avoid delay, or what he or it was impossible to take such measures.
Due to the Conditions of Aeroflot PJSC Air Carriage, which you accept by buying the ticket, the carrier shall make every effort to carry the passenger and his/her baggage within a reasonable period of time. The time indicated in the timetable and other documents is not guaranteed and does not form a part hereof.!
At the arrival to Moscow, you were rebooked on the earliest available flight to London SU2580/14.12.2018 and you were provided hot meal voucher.!
As compensation for waiting of departure in airport without hotel, Aeroflot PJSC provides compensation in the form of miles of the Aeroflot’s frequent flyers program – Aeroflot-Bonus. To do this, you need to become a member of the program and tell us your membership number. You can register on the airline's website. Your account will be credited with!3000!miles.
In fact you were transported to the final destination – London – in accordance with the Conditions of Carriage, that was concluded by purchasing the ticket and Aeroflot PJSC fulfilled its obligations, the terms of this Conditions of Carriage were not violated.
We are sorry that gave you reason to be disappointed, and hope that information above will help you in your future travel preparation for the flights of Aeroflot PJSC. We are confident that your future trips will be satisfactory in every respect.

Kind regards,
Alena Dosmishvili
Claims Group
Ground Handling Department
PJSC Aeroflot

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They say they haven't contravened any regulations but are offering me a useless (using them was a one off) 3000 air miles as a sort of sweetener I guess. What should I now say to try and get actual monetary compensation from them? I am aware that my flights aren't bound by the EU regs, so it might be tricky to get my way. All help appreciated!

jpsartre

There's not much you can do aside from pushing Aeroflot for more.