Compensation for delayed flights Discussion Area

eskbanker

snowshoe23 said:

EasyJet said that the pilot had to be re-allocated to another flight and they had to find another pilot.
I think I will ask for compensation as this should be the airline's fault.

snowshoe23 said:

To further explain what happened on the day; air traffic control restrictions at London Gatwick substantially regulated the air space due to capacity, which resulted in long delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. The delays continued throughout the day and knocked on to later flights and have to divert to London Luton, where coaches were arranged to take our customers by road to your destination. We do take reasonable measures to avoid delays and cancellations to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as the delay to arrival in London Gatwick was as a direct result of air traffic control restrictions and the subsequent road journey.

This is not what was communicated while waiting for take-off in GVA which was delayed by about 90 minutes, but probably is what happened once the plane was in the air and approaching LGW.

Do you think it is worth insisting? How?

I don't really understand the earlier explanation about reallocating pilots and finding another, in terms of how that would require a diversion?  Their current explanation does sound plausible though, as a valid reason to deny compensation.

If you receive a final response from them and you disagree with it, then you have the right to escalate the case to AviationADR, and during that process EasyJet will produce a substantial document explaining everything in more detail, but are unlikely to do so before getting AviationADR involved.

ronpickering

https://forums.moneysavingexpert.com/discussion/comment/81749273#Comment_81749273

Just to close the loop on this we received the final determination on Friday and unsurprisingly the adjudicator upheld in the airline's favour, the most prescient summary of it below……….thanks again eskbanker for all your help. Disappointed but not surprised, I do wonder how many of these claims ever get upheld in the claimant's favour but we catagorically will never fly EasyJet again.

In view of the combination of delays, I must determine whether the bulk cause of the cancellation stemmed from EC as per the Peskova case law. In this case, it is clear that there is a greater duration of departure delays attributed to EC than non-EC in the flight schedule, which resulted in the overnight delay of the aircraft and the cancellation of the Flight. As such, I am satisfied that the Airline have met the evidential test of extraordinary circumstances in this case.

Alan_Bowen

The CAA published the results of an independent review off the two ADR schemes a few days ago, the consumer success rates are very different from the alternative schemes. Of course customers do not have a choice of which to use, although I suspect they might wish they had when they see the figures!

CEDR has a consumer success rate. of 47% whilst Aviation ADR only upheld 29% of cases. It may be that airlines using AADR are better at getting it right first time or settle when ADR is proposed. CEDR only uses law graduates which is not a requirement for Aviation ADR, the report identifies the time bith take to reach conclusions and can be found on the caa.co.uk website for those interested.

HampshireNaz

https://forums.moneysavingexpert.com/discussion/comment/81819510#Comment_81819510

Just as an update if it helps others.

I claimed with Wizzair via my online account with them on the 7th Jan, they came back to me on the 14th saying both my wife and I needed to sign the power of attorney letter, not just my wife (which was strange but okay). So we re-wrote it and sent it… a week later they closed the complaint due to no response. 3 times between the 29th Jan (when they closed) and the 25th Feb, I chased, and they hadn't responded.

This morning at 8.21am I made my application via Aviation ADR, submitting all evidence including a photo complete with metadata to prove the door wasn't open. At 10.01am, Wizzair admitted liability (via the ADR portal) and settled for the £700, and included the details of the delay etc, they didn't try and fight it. Interestingly, I thought the delay was 3hours and 2 minutes, they came back and said it was 3 hours and 36 minutes.

They now have 30 days to pay but I just wish they could have done this without me having to spend an hour pulling together all the info for the dispute resolution service this morning!

Anyway, a positive story, you just need to know your rights and keep fighting (and don't go through 3rd parties who will take their cut, you really don't need to!)

Chuffin_good_deal

not sure if this is in the right place or not but hoping someone can help.
We booked holiday and flights package with Virgin Atlantic to Vegas earlier this year and the return journey was Vegas to Heathrow via a change in LA. The flight to LAX was with Delta booked through Virgin.
unfortunately the flight to LA was delayed to the point where we could tell we would miss our flight with Virgin from LA to Heathrow.

Having spoken to Delta at the airport they managed to get us on a direct flight from Vegas to Heathrow later that evening. So after 9 hours in the airport we caught that flight and in the end we arrived back in London over 3 hours later than we should have which meant extra costs for changing trains home up north.
A few clarifications of possible

1. would this claim be with Virgin who we booked with or Delta who the flight that was delayed was with?
2. Is there more than one way to claim this compensation back with as Delta have said we cannot claim compensation.
3. Also Aviation ADR have said we cannot claim due to the routing of the flight for which we are claiming being out of scope. Do we think this is true and where can I check that?

Any thoughts or pointers greatly appreciated.

Cheers

eskbanker

Also Aviation ADR have said we cannot claim due to the routing of the flight for which we are claiming being out of scope. Do we think this is true and where can I check that?

Yes, it's true, and you can check it in the regulations:

This Regulation shall apply:

(a) to passengers departing from an airport located in the United Kingdom;

(b) to passengers departing from an airport located in a country other than the United Kingdom to an airport situated in—

(i) the United Kingdom if the operating air carrier of the flight concerned is a Community carrier or a UK air carrier; or

(ii) the territory of a Member State to which the Treaty applies if the operating air carrier of the flight concerned is a UK air carrier,

unless the passengers received benefits or compensation and were given assistance in that other country.

https://www.legislation.gov.uk/eur/2004/261/article/3

In short, a flight with a non-UK/EU carrier that doesn't depart from the UK/EU is out of scope, so there is no entitlement to compensation under the UK/EU261 regulations.

This is also prominently highlighted in the article this thread is about:

https://www.moneysavingexpert.com/travel/flight-delay-compensation/#regulated