Compensation for delayed flights Discussion Area

Justice13075

Your first flight was cancelled and it seems that it was due to a mechanical failure. Put those flight details into a flight checker like bottonline and euclaim and see what they say. The second claim is not straight forward. If your flight was on one ticket you broke that ticket by changing your flight in London. Compensation is due when you arrive at your destination on your ticket.

kathleen3737

Just wondering if everyone was aware of the outcome of this appeal?

https://www.travellawquarterly.co.uk/resources/tlq-online/court-of-appeal-confirms-that-air-traffic-control-decisions-amount-to-extraordinary-circumstances/

https://www.travellawquarterly.co.uk/wp-content/uploads/2019/04/2019-harman-and-guillot-final-wpn-28-30.pdf

Doesn't this now negate the Finnair ruling in 2012 (in Vauban's guide) in relation to "knock on's"?

Also interesting to read the ruling regarding a screw on a runway "being" extraordinary circumstances

https://www.travellawquarterly.co.uk/resources/bulletins/ecj-decides-a-screw-on-the-runway-amounts-to-an-extraordinary-circumstance/

Thoughts?

Thank you.

Charlotte1986

Hello,

I am trying to claim after all 3 of our WestJet flights were delays on out honeymoon( each for between 2-4 and a half fours!). They do not appear on the airline list on your claim application is there any way they are able to be added. Thank you very much for the clear advice on your page. I wouldn't usually claim but the delays had significant impacts on the first 2 days of our honeymoon and caused us significant extra costs. Thank you for your help.

Caz3121

you claim direct with the airline (no need to go via Resolver)
https://www.westjet.com/en-gb/travel-info/flight-interruptions/eu-alternate-dispute/european-regulation

Tyzap

kathleen3737 wrote: »

Just wondering if everyone was aware of the outcome of this appeal?

https://www.travellawquarterly.co.uk/resources/tlq-online/court-of-appeal-confirms-that-air-traffic-control-decisions-amount-to-extraordinary-circumstances/

https://www.travellawquarterly.co.uk/wp-content/uploads/2019/04/2019-harman-and-guillot-final-wpn-28-30.pdf

Doesn't this now negate the Finnair ruling in 2012 (in Vauban's guide) in relation to "knock on's"?

Also interesting to read the ruling regarding a screw on a runway "being" extraordinary circumstances

https://www.travellawquarterly.co.uk/resources/bulletins/ecj-decides-a-screw-on-the-runway-amounts-to-an-extraordinary-circumstance/

Thoughts?

Thank you.

Hi kathleen,

Interesting questions. IMO....

In relation to the first, ATMD decisions, it has bee long accepted that Air Traffic decisions can lead to a knock on that is regarded as an 'Extraordinary Circumstanc' (EC). It is in the EU261 regulation and says this...

Recital 15
Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

Regarding the second question about a screw (FOD) causing a flat tyre. This is a very recent decision which I had not seen before. My initial thought is that it is a bad decision, but it is the law!

My second thought is that the airlines do not have it too easy as the court also says the following in the linked article....

"However, in order for its obligation to pay compensation under the air passenger rights regulation to be excluded, an air carrier must also prove that it deployed all its resources in terms of staff or equipment and the financial means at its disposal in order to avoid the changing of a tyre damaged by a foreign object lying on the airport runway from leading to long delay of the flight in question. In that regard, specifically in respect of damage to tyres, the Court notes that air carriers are able to have at their disposal, in all airports from which they operate, contracts for changing tyres under which they are afforded priority treatment."

Which seems to fall under the 'reasonable measures' hurdle of an EC definition. Meaning it must be replaced with minimum delay to the passenger or they must pay compensation.

Tyzap.

NickyBott

I've been trying without success to get compensation for a cancelled flight from Venice to Birmingham (via Munich) last July (2018). I contacted Lufthansa who told me to contact Air Dolomiti, which I have done several times but no response.

I've even tried Bott & Co (complaints company) who've told me: 'Having reviewed both of your flights I can confirm that we do not have the jurisdiction to be able to assist you. As your flight does not depart/land in England or Wales, nor is it provided with an English/Welsh carrier we cannot pursue'.

I didn't realise that it had to be a direct flight to be able to claim compensation, which seems a bit unfair

Gwadinina

Hi there, I wonder if somedy can help me.

Last April, I travelled with two friends to to Senegal. On our return journey we left Senegal with around 1h delay and missed our connecting flight to Gatwick in Portugal. At Lisbon airport, they gave us a voucher for breakfast and put us on the next flight to Heathrow which was around 3h later.

I wrote to them via facebook straightaway and in July they got in touch offering vouchers, which I have accepted. Should l have asked for cash money instead?

The other thing is that they only sent 2 instead of 3 vouchers. What shall I do?

Thank you.

Caz3121

Gwadinina wrote: »

I wrote to them via facebook straightaway and in July they got in touch offering vouchers, which I have accepted. Should l have asked for cash money instead?

The other thing is that they only sent 2 instead of 3 vouchers. What shall I do?

what was the value of the vouchers?
If the same as EU261 then should likely have asked for cash
If more than EU261 then personal choice whether you want the higher amount in voucher or lower amount in cash
If goodwill gesture (reason for 1 hour delay was EC) then usually there is no cash alternative
Vouchers should be issued to each passenger (usually restricted to them using it) get the passenger who has not received a voucher to make a claim

Gwadinina

Caz3121 wrote: »

what was the value of the vouchers?
If the same as EU261 then should likely have asked for cash
If more than EU261 then personal choice whether you want the higher amount in voucher or lower amount in cash
If goodwill gesture (reason for 1 hour delay was EC) then usually there is no cash alternative
Vouchers should be issued to each passenger (usually restricted to them using it) get the passenger who has not received a voucher to make a claim

Thank you! I will do that.
The voucher was 25% more and they quoted EC No261/2004

Thanks again

Timothea

I have a complex situation and I would like to know what I can reasonably claim from the airline in question.

We booked a seven-night package holiday, including flights. After checking in and a five-hour wait at the departure gate, our original outbound flight was "cancelled due to bad weather" (the airline's words) despite the fact that the airport was operating normally with other flights taking off and landing.

We were told to return the next day to take a (unscheduled) replacement flight to our destination, which we did. After checking in and three-hour wait at the departure gate, our replacement outbound flight was "cancelled" (the airline's words) without explanation. However, we discovered this was due to the absence of a pilot, which was later confirmed by the airport's Duty Manager.

We were given two options: return the next day to try again or cancel the holiday for a "full refund". We chose the latter. Nevertheless, we lost three days of our time and incurred significant travel and subsistence expenses. We have lodged a claim for the reimbursement of our expenses (under EC 261/2004 and the Montreal Convention's Delay provisions) but the airline has refused to pay.

Can we claim for EC 261/2004 flight delay compensation even though we accepted a full refund of our holiday? I assume so and have now done so, citing the cancellation of our replacement flight due to the lack of crew.

Can we claim for two lots of EC 261/2004 flight delay compensation, i.e. for the original flight as well as the replacement flight?