Compensation for delayed flights Discussion Area

Tyzap

tanjatucker wrote: »

Tyzap, many thanks for your reply. She does have boarding cards for both flights.
The original flight to Bristol was cancelled due to snow on the ground at Bristol airport. I believe no flights came in at all that day if that makes a difference.
I think she could have got through to EasyJet on the phone the next morning and got them to get her on an earlier flight, but she was worried she might not get to travel at all, so followed the email instructions to re-book with them that evening, the earliest flight being two days later. Do you think she can still claim in those circumstances or should she not have accepted the two day delay and tried to ring them again in the morning instead?
She had no costs as such, as she received a refund of her original flight value on the morning of 4th February when she decided it wasn't worth travelling and she lives really close to the airport, so warnings of the cancellation and delay of her re-booked flight reached her before she even left home for the airport on both occasions.
The only financial loss occurred at my end, as I had paid for an overnight trip to Ldn, theatre tickets etc, but c'est la vie, I guess

Hi,

The longer that the airline knew about the delay prior to the scheduled departure time, the less excuses they have to not have made alternative arrangements. Admittedly, not necessarily easy under these circumstances. But unless the runway remained closed for two days they really have no excuse.
Don't worry that she accepted and followed the instructions and recommendations made by EJ. By following their directions she remains entirely in their care, hotels, food, drinks, transport to and from etc for which they are fully responsible. Whenever any passenger is offered delayed flights, a number of day hence, they are entitled to look for and book alternative quicker flights themselves and then claim the cost back from the airline. After all, that is what the regulations expect the airline to do. If they don't the regs make it clear that you can and should DIY.

Once she opted for a full refund technically she lets them off the hook, but they won't tell you that, so it's impossible to make an informed decision. This may create a few problems along the claim route, but we can cross that bridge when we come to it.

Unfortunately your costs can not form part of her claim so, c'est la vie it is.

Good luck.

tanjatucker

Tyzap wrote: »

Hi,

The longer that the airline knew about the delay prior to the scheduled departure time, the less excuses they have to not have made alternative arrangements. Admittedly, not necessarily easy under these circumstances. But unless the runway remained closed for two days they really have no excuse.
Don't worry that she accepted and followed the instructions and recommendations made by EJ. By following their directions she remains entirely in their care, hotels, food, drinks, transport to and from etc for which they are fully responsible. Whenever any passenger is offered delayed flights, a number of day hence, they are entitled to look for and book alternative quicker flights themselves and then claim the cost back from the airline. After all, that is what the regulations expect the airline to do. If they don't the regs make it clear that you can and should DIY.

Once she opted for a full refund technically she lets them off the hook, but they won't tell you that, so it's impossible to make an informed decision. This may create a few problems along the claim route, but we can cross that bridge when we come to it.

Unfortunately your costs can not form part of her claim so, c'est la vie it is.

Good luck.

Many thanks again. We are putting a claim in now. Not holding my breath though. Will update here with the outcome.

itsrachelhere

Hi there,
I received a reply from SAS with regards to the situation described below. They basically say it was a safety issue and that it is therefore not a valid claim. This is very much what I expected, and so I plan to go back and state that the safety issue would have been averted if they had done their jobs properly. I was just wondering whether anyone had any advice for how best to approach this?
Thanks

itsrachelhere wrote: »

Hi there,

Just back from a trip with SAS and got a bit of a complex one which I would welcome opinions on.

We flew back from Athens to Birmingham. We were about 50 mins late boarding, and then sat on the tarmac for quite a while, so I was already a bit nervous about making our connection (we had 2 hours to change planes). They said that the delay was due to heavy air traffic in Copenhagen. We finally started our taxi to the runway, at which point this guy suddenly starts walking down the plane saying he doesn't have a seat! The flight was completely full, but despite them saying that boarding had completed around 15 minutes previously, they hadn't noticed that he was stood around without a seat. They asked for his documents to establish where he was meant to be sat, and then I think quickly realised when he couldn't produce anything that he wasn't meant to be on the flight. At this point we were a reasonable distance from our gate, and had to wait for police to come for the guy, and buses to take us back to the gate whilst they searched the plane. By the time we finally got going we had no chance of making our connection, and so we ended up spending the night in Denmark, and in the end arrived home about 10 hours later than we should have done.

Looking at the delay compensation rules, it seems that it wouldn't count if the delays were due to safety concerns. However:
- We were already heavily delayed and at risk of meeting our connection
- The airline have to be at fault here in the fact he got on the plane in the first place - we came in through a sky tunnel, so it's not like he sneaked in from the tarmac
- If the cabin crew had noticed before we taxied that there was a passenger without a seat then it would arguably have been dealt with a lot quicker as we wouldn't have had to wait for ground crew to come and retrieve us from the plane.

Still staggered it happened to be honest. If the plane weren't full meaning he didn't have a seat, I am convinced he would have managed to fly.

Any thoughts on where I stand here?

Thanks!

Tyzap

itsrachelhere wrote: »

Hi there,
I received a reply from SAS with regards to the situation described below. They basically say it was a safety issue and that it is therefore not a valid claim. This is very much what I expected, and so I plan to go back and state that the safety issue would have been averted if they had done their jobs properly. I was just wondering whether anyone had any advice for how best to approach this?
Thanks

Hi Rachel,

Unfortunately I don't think you have much chance of getting anywhere with this claim. A rare point of view from me!

The airline and security officers were forced to resolve the security incident once it had arisen, regardless of how it came about. This incident will be regarded as a security problem and, as a result, exempt from compensation. You did not board late enough to qualifying for a three hour delay upon arrival, so that is irreverent to your claim.

You could refer your claim to SAS's ADR supplier (if they have one) as a bit of a long shot and because it's both free and relatively easy to do, but I don't hold much hope of a successful outcome. Hopefully tho, it will confirm my opinion and put your mind a rest.

Good luck.

itsrachelhere

Tyzap wrote: »

Hi Rachel,

Unfortunately I don't think you have much chance of getting anywhere with this claim. A rare point of view from me!

The airline and security officers were forced to resolve the security incident once it had arisen, regardless of how it came about. This incident will be regarded as a security problem and, as a result, exempt from compensation. You did not board late enough to qualifying for a three hour delay upon arrival, so that is irreverent to your claim.

You could refer your claim to SAS's ADR supplier (if they have one) as a bit of a long shot and because it's both free and relatively easy to do, but I don't hold much hope of a successful outcome. Hopefully tho, it will confirm my opinion and put your mind a rest.

Good luck.

Thanks! I am giving it a go. I genuinely think that if we hadn't a) had the initial delay (unrelated to the security concern) and b) if they had identified the unauthorised passenger before closing the doors, we wouldn't have been delayed. Ultimately though I think they need to be held accountable as they were very slack, and it could have been a lot worse.

Bill_p

Hello everyone,
I would still like some advice on my post on page 587 if anyone can help please advise.
Thanks

DrA_Harrogate

Morning Bill


This would seem to be a classic case of the airline not having an aircraft available. It has been well established that a 'knock on' delay such as this is not an extraordinary circumstance as it is the airline's responsibility to have the resources to cope with this sort of thing, and therefore compensation is payable. Put your Flight numbers into EUClaim and Bott Online and see what they say. In any event download Vauban's guide (google) and read it through thoroughly. Then decide whether to hand it to the lawyers or do it yourself.

Dan-1987

Looking for some advice on a recent ish issue I had regarding a jet2 flight in May 2019.
I booked,flight only,with jet2 to fly from Manchester to lanzarote 19th May 2019,myself my girlfriend and our 4 month old daughter.We boarded with no issues for our flight which was scheduled for a 15.45 departure however after being delayed over an hour onboard it was announced they were having issues refuelling as a result of a fuel problem at Manchester airport,after a further hour we were told to disembark the plane while we waited for a replacement flight,eventually at 10pm that evening we set off on a replacemnet flight,unfortunately as we got within an hour of lanzarote airport they announced that we would be unable to land in lanzarote and were being diverted to Gran Canaria where we would be put up for the night before being flown to lanzarote the following night once the staff had had their 12 hour test time.Long story short we arrived at our temporary hotel at 4.30am to find that there wasn’t a travel cot available at the hotel,and with zero hope of getting hold of one! Therefore nowhere for our young daughter to sleep safely! Worth noting that I had spoke with the jet2 rep upon landing at Gran Canaria to ensure the hotel/room was equipped for an infant-I was assured that it was!
To say we were fuming was an understatement,the holiday was short to begin with and by the time we arrived at our hotel on the following night at fine 9pm we were over 24 hours late!
I’ve since wrote an email to the complaints department and received a reply yesterday stating they felt they had done enough to accommodate us and wouldn’t be issuing any refund/conpensation.
I’m going to try and appeal this as ideally I want a refund for the flight,however I’m not sure exactly how to go about it,any advice?
Thanks in advance

Caz3121

Dan-1987 wrote: »

I’ve since wrote an email to the complaints department and received a reply yesterday stating they felt they had done enough to accommodate us and wouldn’t be issuing any refund/conpensation.
I’m going to try and appeal this as ideally I want a refund for the flight,however I’m not sure exactly how to go about it,any advice?

this problem? https://www.bbc.co.uk/news/uk-england-manchester-48330568
I can't see you getting a refund on the flight as you travelled
I am not sure if Jet2 issue vouchers or nothing as goodwill where compensation is not due - you should have a read on the Jet2 thread and post further questions there
Does your travel insurance cover delays?

hildosaver

I was delayed last Sunday by 11 hours due to a bird strike on the plane I was due to get from London Heathrow to Belfast.

Aer Lingus have rejected my compensation claim unfortunately. I'm assuming that's the end of it or could I go back to them claiming they had been unable to get me on an earlier replacement flight (there were at least 2 but all full-up by the time I was dealt with).

I'm assuming I'm clutching at straws here but what do you think?