Compensation for delayed flights Discussion Area

legal_magpie

When you refer to a package holiday we're the flights with the same comp@ny, e.g Tui, Jet 2, or completely separate.

Timothea

All through the same company: TUI.

JPears

Hi Timothea. If you give us the flight details of both we maybe able to do a bit morre digging.
But it would appear you are due:
2 x compensation. Probably. The second maybe a sticking point but others have suceeded on this matter.
You will also be due reimbursement of hotels and food/drink (non alcohol) costs for the delayed flight.

Tyzap

Hi Timothea,

What an utter shambles!

It sounds like the original delay may have been due to bad weather down stream, at another airport, and your delay was due to a consequential knock on. That is not regarded as an EC in the same way that an ATC knock can be, so that scenario should be claimable.

If the second flight to be cancelled had a different flight number to the first then it too would be claimable.

You know that TUI will fight it tho!

Timothea

I guess the distinction is whether these were two separate flights or just one flight that was delayed for 60 hours (for example, to repair a technical fault). The facts that the airline used the term "cancelled" and we were checked in twice suggests that these were two flights. On the other hand, because the replacement flight was not scheduled and the same flight number was used, this could suggest a delayed flight.

I am pretty sure that the original flight was cancelled because the aircraft (and/or crew) did not arrive at the airport due to bad weather elsewhere. What is the case-law that says this is not an exceptional circumstance?

legal_magpie

As this was a package holiday, you are covered by the Package Tour regulations. Also have a look at TUI's terms and conditions in your brochure. Did TUI try to get you a flight with another airline (Silly question)? I think you should be making a claim for all sorts including the loss of the holiday and flight compensation but it won't be easy as they will fight it tooth and nail.

Tyzap

Timothea wrote: »

I am pretty sure that the original flight was cancelled because the aircraft (and/or crew) did not arrive at the airport due to bad weather elsewhere. What is the case-law that says this is not an exceptional circumstance?

Let me turn that around.

What is the case-law that says this is an exceptional circumstance?

None.

The regs say it would be, in the case of a previous (knock on) ATC delay, but it does not say the same about a weather delay. Check Botts website too, they also believe there are no EC knock on's due to a previous weather delay down stream.

BTW, a flight could be cancelled overnight but then continue the next day with the same (or slightly different) flight number and still be regarded as the same flight, and therefore a delay not cancellation. It's hard to get a cigarette paper between the definition of a delayed or cancelled flight sometimes! If your second flight was a pre scheduled existing flight that would have departed regardless of your situation, that would clearly be a different flight.

Did they issue you with boarding cards and a flight number for the second flight that was also then cancelled?

Timothea

Tyzap wrote: »

Did they issue you with boarding cards and a flight number for the second flight that was also then cancelled?

Yes, both flights were "cancelled" after we checked in, so we had to collect our checked luggage and return to the main airport each time. The original flight number was used on the second boarding pass, although the planned departure time was later. This original flight only operated once or twice a week, I believe.

Initially, we only asked for one night's subsistence expenses to be reimbursed, but TUI refused point blank. Now we are claiming for 12 times that, and it could rise to 20 times. That'll make them pay for messing us around and denying us our rights.

HG2809

Hi,
Quick question
We booked our flights and hotels through virgin atlantic.
Our return flight was Toronto -via New York - London Heathrow.
On our travel documents it stes virgin atlantic flights (and their flight numbers)
However our flight from Toronto to New York JFK was via Delta.
This flight was delayed 3hrs 15mins due to bad weather at JFK airport we were given no food vouchers
We missed our connection flight from New York JFK to London Heathrow

When we arrived at New York JFK we were booked onto the next flight which was 1:00am (Virgin atlantic)
This flight was delayed due to “technical problems” (Virgin atlantic)
We were then rebooked for an evening flight at 18:00pm
We were given a hotel from 3:00am-11:00am.
Virgin are now stating we cannot make a claim with them and to discuss with delta.
What are my options?
We were a family of four (2adults 2 paying children)
Who do i claim with if i can?

Timothea

You cannot claim against Delta for anything, including missing your original connecting flight. However, once you were rebooked on the early morning Virgin Atlantic flight, it became their responsibility to get you home without a long delay. Technical problems are not exceptional circumstances, so each passenger is due €600 compensation. Virgin Atlantic are trying to fob you off.

Airlines do this all the time because most people give up, which saves them millions of €$£.