Compensation for delayed flights Discussion Area

JPears

From memory, Swiss can be very awkward to deal with.

Generally Switzerland, as a whole, pick and choose which EU laws apply to them at random.

Non citizens seem to get a hard time.

nator

mdann52 said:

nator said:

I intend to raise the issue with the relevant civil aviation authority, and to court if necessary. My question is if I need to do this in Switzerland or can do it in the UK? I'm assuming the former as the flight was leaving from Switzerland, is this correct?

Swiss have a UK address - so if you live in the UK, then they UK courts should still have juristiction over the claim (and both EU261 and UK 261 should apply, as Swiss is a Community carrier)

Alan_Bowen said:

Swiss are part of the German ADR scheme SOP, there is a link from the CAA website, and you can apply in English without having to issue legal proceedings anywhere

Thank you, I will try with Söp and see if I can take it further. I just never seems clear which jurisdiction applies where.

Auldy68

BA flight from Glasgow to Heathrow, departure time 12:10, arrived 16:15, meaning we missed connecting flight to Toronto (17:05). Claimed flight delay compensation from BA, they replied saying the delay was because “Air Traffic Control restricted operations into a block of air space your aircraft needed to travel through”
Can I appeal this, and what would be the best way to do this?
(The 13:35 on the same day, Glasgow to Heathrow left before our flight)

Caz3121

Auldy68 said:

BA flight from Glasgow to Heathrow, departure time 12:10, arrived 16:15, meaning we missed connecting flight to Toronto (17:05). Claimed flight delay compensation from BA, they replied saying the delay was because “Air Traffic Control restricted operations into a block of air space your aircraft needed to travel through”
Can I appeal this, and what would be the best way to do this?
(The 13:35 on the same day, Glasgow to Heathrow left before our flight)

If not ATC, what do you think was the reason for the delayed departure? It would need to be something within the airline's control like a technical issue with the aircraft to qualify for compensation

BrianCuthbert57

Flight 19 Sept with TUI from Newcastle to Bourgas.  Delayed 5 hours into Bourgas...aircraft used was held up by weather earlier in Greece BUT...this aircraft was normally used to go to Lanzarote as the second part of the timetable that day and wasn't even scheduled to arrive into Newcastle until 40 mins after our departure time.   Seems TUI made a decision to use this delayed aircraft for the Bourgas flight (last week of season and few passengers) and the Lanazarote flight was on the aircraft (in from Dubrovnik) that was scheduled for the Bourgas flight.  I assume because Lanzarote flight was busier

I understand TUI have a compensation "get out" when affected by weather but would you agree that their decision to swap aircraft is unfair and "within their control"?  It was a TUI decision that made the Bourgas flight 5+ hours late.

eskbanker

BrianCuthbert57 said:

Flight 19 Sept with TUI from Newcastle to Bourgas.  Delayed 5 hours into Bourgas...aircraft used was held up by weather earlier in Greece BUT...this aircraft was normally used to go to Lanzarote as the second part of the timetable that day and wasn't even scheduled to arrive into Newcastle until 40 mins after our departure time.   Seems TUI made a decision to use this delayed aircraft for the Bourgas flight (last week of season and few passengers) and the Lanazarote flight was on the aircraft (in from Dubrovnik) that was scheduled for the Bourgas flight.  I assume because Lanzarote flight was busier

I understand TUI have a compensation "get out" when affected by weather but would you agree that their decision to swap aircraft is unfair and "within their control"?  It was a TUI decision that made the Bourgas flight 5+ hours late.

No harm in challenging them but I don't think anyone on here can say for sure whether your interpretations and assumptions are correct - the acid tests are whether (a) there were extraordinary circumstances and (b) the airline took 'all reasonable measures' to avoid delay or cancellation.

Hoenir

BrianCuthbert57 said:

Flight 19 Sept with TUI from Newcastle to Bourgas.  Delayed 5 hours into Bourgas...aircraft used was held up by weather earlier in Greece BUT...this aircraft was normally used to go to Lanzarote as the second part of the timetable that day and wasn't even scheduled to arrive into Newcastle until 40 mins after our departure time.   Seems TUI made a decision to use this delayed aircraft for the Bourgas flight (last week of season and few passengers) and the Lanazarote flight was on the aircraft (in from Dubrovnik) that was scheduled for the Bourgas flight.  I assume because Lanzarote flight was busier

Planes require a crew. This will be a major factor in any scheduling decision made. 

nator

nator said:

Hello all.

Question about procedure in taking a claim further.

We were booked onto a flight with Swiss on 4 August from Zurich to London City, which was cancelled as we were already on the runway and about to embark. We ended up being booked over to a flight to Heathrow instead, and landed 6 hours 45 mins late (as an aside, our suitcase was lost for almost a week). We were given a 20 Swiss franc voucher each for subsistence, which in Zurich barely buys a packet of mints.

I claimed compensation, which has been categorically denied. They explained there was a defect with the pedal of the plane, and they were not responsible. I pointed out that van der Lans v. KLM, Case C-257/14 explicitly rules that compensation is due in such cases, but they have since stonewalled me simply saying my file is closed. I have asked if they are members of an ADR scheme, but they no longer reply to my correspondence.

This is the second time this has happened with Swiss. The last time I did not have the time to take the matter further, but I'm fed up with them and their attitude, as much as anything else.

I intend to raise the issue with the relevant civil aviation authority, and to court if necessary. My question is if I need to do this in Switzerland or can do it in the UK? I'm assuming the former as the flight was leaving from Switzerland, is this correct?

Update on this: following @Alan_Bowen's advice, I submitted a complaint to SOP and about six weeks later got an email saying my case had been agreed. I got an email from Swiss asking for bank details and compensation was paid within five days. No apology, mind, and it really should not have taken so much. I'm not sure I'll fly with them again if I can avoid it.

anonand

Hello
After some advice with this. Looking to put in a compensation complaint about a flight from Italy to UK back in 2019 with Ryanair.  I am still within the 6 years. I did this at the time and well it didn't get anywhere they agreed to pay me and then closed the case down because they "couldn't pay due to bank details being incorrect" though they were correct and I event gave them a screenshot. trued reopening cases and speaking to people but got no where, and then life got In the way and I forgot about it. 
I want to restart this, tried to put a claim in the Ryanair website however it's stating that it doesn't recognise my booking reference. I am reluctant to use a third party really if I can resolve it, however not sure what my other options are. Tried calling but literally get no where. 
Thanks in advance!

eskbanker

anonand said:

Hello
After some advice with this. Looking to put in a compensation complaint about a flight from Italy to UK back in 2019 with Ryanair.  I am still within the 6 years. I did this at the time and well it didn't get anywhere they agreed to pay me and then closed the case down because they "couldn't pay due to bank details being incorrect" though they were correct and I event gave them a screenshot. trued reopening cases and speaking to people but got no where, and then life got In the way and I forgot about it. 
I want to restart this, tried to put a claim in the Ryanair website however it's stating that it doesn't recognise my booking reference. I am reluctant to use a third party really if I can resolve it, however not sure what my other options are. Tried calling but literally get no where. 
Thanks in advance!

It's not clear exactly what you mean by 'getting nowhere' (both then and now) but it does seem something of a long shot that you'd be able to resurrect an ancient claim from many years ago via their normal customer-facing channels, so I suspect that you'd need to take them to small claims, with a letter before action first.