Compensation for delayed flights Discussion Area

Mathew

Sorry is this is a daft question, I have trawled for the answer, however, can't find it...

When is the final judgement due to be made on compensation payments?

richardw

Mathew wrote: »

When is the final judgement due to be made on compensation payments?

Are you referring to the legal stay to the Sturgeon judgement?

Mathew

richardw wrote: »

Are you referring to the legal stay to the Sturgeon judgement?

Sorry, yes I am.

I, like others, have instructed solicitors and am waiting for that before taking it further

Thanks

richardw

AFAIK sometime in 2012, I don't know if there is a specific date yet.

bride2be12

Hi

My fiance and I were due to fly back from Boston on the evening of 29 November 2011. Our outbound flight was with BA and although the return flight was ticketed BA it was operated by American Airlines. We tried to check in online the evening before the flight and couldn't. We still had time so thought we would do it the next morning. The next morning we still couldn't check in and our concierge at the hotel contacted the airline to be told the flight was cancelled. This was the first we knew of it. We contacted our agent (Trailfinders) to be informed that we had been moved to a flight leaving the next morning as there were no other earlier direct flights available (we have since found out that there was a BA flight that same evening, 2 ours later with spaces but when our agent called she was told it was full and there was no point in our going to the airport).

So, we are in Boston for another night. Our hotel has room so we don't have to check out and wander the streets. The next morning we made sure we were at the airport well in advance of our flight. We checked in about 2.5 hours before it was due to leave. Check-in seemed to be fine and we set about waiting, and waiting ...

About an hour before we were due to depart we went to wait at the gate shown on our boarding cards. It seemed a little quiet and there was no aircraft to be seen so we checked the screens. This flight was also cancelled.

We returned to the AA check-in desk to be told that there was nothing to be done and would now be on the evening flight (24 hours after our original flight). We were told that AA would provide meal vouchers (which they did) and that they would provide a day room so that we could rest and freshen up before the evening flight. This was most needed as we had been up since 4am local time. After a while we were informed by the AA representative at the desk that there were no rooms available and there was nothing else to be done.

We rang our hotel (who apparently is connected with the One World Alliance based on a notice in the hotel reception). They offered us a day room albeit we would have to pay for it.

So, our bags having already been checked in, we took a taxi back into Boston and checked into our room. We had to buy some toiletries and fresh underwear and obviously had meals and drinks to buy.

All in all we have had to pay for one extra night at the hotel, a day room the next day, extra taxis to and from Logan airport, food and other incidentals over the course of the 24 hours we were delayed before being able to board our flight.

We understand that the original flight was cancelled because of concerns about the industrial action due to take place in the UK on the day we landed. We don't really know what happened to the morning flight.

We are not looking for compensation per se but I am seeking reimbursement of the expenses we incurred as a result of the failure to move us to the later BA flight.

The fact that the flight was operated by AA is irrelevant to me, the consumer. I booked a return flight with BA.

So, my question is this, am I entitled to reimbursement and if so from whom? BA, AA or Trailfinders (I don't think it is for them but am happy to be proved otherwise).

Many thanks in advance

B2B12

ian41

richardw wrote: »

AFAIK sometime in 2012, I don't know if there is a specific date yet.

Not wishing to pick an argument with you but seeking clarification, where did you unearth the 2012 date (which I see has been quoted a couple of times now)?

AFAIK, although the Transport Commissioner would like the ruling to be handed down ASAP to eliminate confusion in the UK, the ECJ decide their own priorities and timings.

Therefore, the ECJ ruling will be handed down at some unspecified time in the future - this week or 2012 or 2013 or ...

Believe it would be helpful to members, if we can agree where we are so that we sing from the same hymn sheet.

richardw

ian41 wrote: »

the ECJ ruling will be handed down at some unspecified time in the future

I did read 'sometime in 2012', but am not sure what the source was, I agree that an 'unspecified time in the future' may be the appropriate phrase for the hymn sheet.

ian41

bride2be12 wrote: »

Hi

We are not looking for compensation per se but I am seeking reimbursement of the expenses we incurred as a result of the failure to move us to the later BA flight.

The fact that the flight was operated by AA is irrelevant to me, the consumer. I booked a return flight with BA.

So, my question is this, am I entitled to reimbursement and if so from whom? BA, AA or Trailfinders (I don't think it is for them but am happy to be proved otherwise).

Many thanks in advance

B2B12

Under EC Reg 261/2004 if the operating air carrier had been BA, then Art 9 Right to Care would have kicked in and your hotel, reasonable food etc would have been covered. You might also have been eligible for cancellation or long delay compensation - subject to the airlines defence of extraordinary circumstances.

You don't give flight numbers but everything points towards AA as the operating air carrier i.e. their aircraft, crew, check-in staff etc. You will be able to tell generally from the flight numbers. BA to/from USA is generally a three digit number - if it is a 4 digit number it is probably a code-share. All BA and AA flights are codeshared which means that they along with other one world partners sell tickets on their partners flights.

Neither AA nor any other US airline has any responsibility to you for costs incurred due to delayed/cancelled flights. End of story. I know this from several experiences including an (expensive) six day stay in California waiting for a re-arranged flight on AA following the ash cloud problem. Check your travel insurance whic will usually pay up £15/20 per person for each 24 hours.

If you feel Trailfinders misled you into thinking both flights were on BA metal (sorry aircraft), then make a complaint to them or ABTA.

ian41

Cheryle wrote: »

Apologies for not making myself clear. We were flying back to Newcastle. I am guessing that this means we will not get any joy!

Depends what joy you are seeking. But yes The Toon is an important part of the UK and flights to and from there by an EU carrier are covered by EC Reg 261/2004.

So the reply already given to you by caz3121 (post #1248) applies. If you had been flying Frankfurt to Canary Islands return, then you would have required a different answer.

ian41

theboots wrote: »

I sent an email as you describe (thanks), I have received a reply from SIA not that it actually helps.

In the long term, the SIA reply is quite helpful to you. I will compose a reply to them to emphasise the key points if you wish. Its no trouble.

Just let me know. I say this because I am beginning to notice a number of members posting their travel upset in one post asking for help - and then failing to return to the forum to even read the advice!