Compensation for delayed flights Discussion Area

woodhead

Don't use Air Canada!

We booked with you what we thought would be our dream honeymoon to Hawaii and thanks to Canadian airlines and ebookers, the travel side of things proved to be a nightmare and very distressing.

The first frustration we had was when we tried to complete the online check in with air Canada and we were unable to do so as an error kept occurring during the process. After calling air Canada we were told that online check in was unavailable on flights booked through travel agents!

We arrived at Heathrow on Monday the 16th of July to check in for the first part of our flight to Vancouver. We arrived to check in at 6:30am 3½ hours before our scheduled departure only to be told by the air Canada agent that there was a 2-hour delay to the flight. I mentioned at the time we had a connection to Hawaii in Vancouver and was advised that “it shouldn’t be a problem” and the plane will make up the lost time in the air. There was no offer of drinks or food vouchers or anything or any kind of explanation why the flight was delayed.

After the initial delay of 2 hours we were held on the plane at Heathrow for a further hour due to a problem with the air conditioning which meant by the time we took off we were a full 3 hours behind schedule. With only 3 hours 25 minutes connection time we knew it was going to be a problem so we raised this with the cabin crew who advised us that the connection flight would be held back in Vancouver, as it wasn’t just us who were due to connect on air Canada.

Instead of enjoying the flight from London to Vancouver we were nervous about not making the connection in Vancouver.

Upon arriving in Vancouver we tried in vain to make a dash across the airport to the connection terminal trying to explain to various airport staff what we were trying to achieve.

We arrived at security and there was no attempt to try and get us through to make the flight despite advising numerous staff about the connection and the time of the flight.

It was finally confirmed just after that the fight for Hawaii had departed and we were stranded in Vancouver. We asked 3 different people around the airport for help and assistance and we were told conflicting pieces of information but not much of it was useful or sincere.

My wife was really distressed at this time and broke down and we finally were advised that there were no further flights to Hawaii for 3 days and we’d have to go back through to the ticket booking desk and book a new flight.

We made our way to the ticket office back inside the airport and again there was very little attempt to help us resolve the problem and with no air Canada flights for 3 days it was a joke! We were offered to be put up at Vancouver airport for 3 days or we could be sent back to Los Angeles or Las Vegas for a night before flying on to Hawaii from there; even so it meant loosing 2 days of our honeymoon and after travelling for over 10 hours, the thought of being on a plane again and not even getting to Hawaii for 2 more days was something I didn’t want to do.

By this time I’d had enough of the incompetence and lack of help or sympathy I’d received, so I went and found another airline that was flying to Hawaii that evening. I had to fork out over £900 of additional money for 2 one-way tickets to Hawaii.

I returned to the air Canada desk to advise that I had booked with another airline and was told “that’s probably best” I loved their sarcasm! On inquiring about a refund I was told they couldn’t help me and I should contact the booking agent upon my return.

To this day, I have yet to receive a satisfactory response just sib standard customer service!

This whole experience has taught me that I won’t be booking with Air Canada again.

steveo1967

Well finally got a responce you my letter to Thomson

Without Prejudice

After looking at our Airline logs I can see that you were delayed for 20
hours and 40 minutes. I know that being caught in any flight delay is very
frustrating. These delays are something which are unfortunatley can affect any
airline at any time. Delays are caused by a variety of factors. I'm sure you
will agree that your safety must be our main priority in such circumstances. It
is only possible to board the aircraft once the Captain is totally
satisfied.





I can see you are looking for compensation for the delay experience under the
EU Regulations 261/2004. Unfortunatley, we dont support the recent decision of
the European Court of Justice as it conflicts with superior decisions already
made. The ruling is vague and possible makes the whole of the EU Regulations
invalid and we dont recognise that the law requires compensation to be paid in
the event of a delay.





With that in mind, I won't be able to offer you any compensation on this
occasion however if you contact your travel insurance provider, depending on the
cover you've taken out, you may be eligible for compensation. If you require a
deley letter stating the length you were delayed then please do not hesitate to
contact us as this may help with your claim.

I cant see how Thomson dont recognise the law ?? .... I mean they dont have to like the law just obey it right ? ... I dont think me getting caught doing 85 on the motorway would wash if I said i dont recognise the law ?

Thoughts and advice welcome.

and of course what I should do next ?


Steve

jpsartre

steveo1967 wrote: »

I cant see how Thomson dont recognise the law ??

That's not what they say, they say that they don't recognise a particular interpretation of the law.

Caz3121

steveo1967 wrote: »

and of course what I should do next ?

have a read of post # 1796 in this thread

mhoc

Thanks for this thread, reading through it now as my sons Monarch flight from Larnaca to Manchester airport was "disrupted" on Friday night - eventually they were put on the Saturday night flight and got home 25 hours later.

They were given a copy of the standard regulation (EC) 261/2004 and another standard letter from Monarch.

This was a "technical fault" so it will be classed as "extraordinary circumstances" - parts had to be sent for trom the Uk.

I think the worst of it was that no-one from Monarch CS was visible at the airport or the hotel where they were sent. The letter says agents from "swissport Manchester" were supposed to advise - no idea who this/these people were and no mobile number, names or email addresses in the letter.

The only response I got from Monarch yesterday was via twitter and I got no response to messages after Saturday morning.

Monarch also turfed all of the passengers off the Saturday night flight so they get the Friday night passengers airbourne.

steveo1967

Thanks Centipede100, Caz3121 & jpsartre

I am happy that if need be we go to court.

Being delayed by almost a day is more than an inconvenience, its a day of my life that has been wasted. I can never get this day back or re-live the social engagements that were missed as a result.

111KAB

Readers may be aware that I had a 26 hour delay on a Palma > Birmingham flight due to technical difficulties with the plane. With the help of posters (particularly Centipede100) on this forum I wrote to Monarch re the ECJ ruling and I was advised by their customer relations department to contact Monarch again once the ECJ decision had been delivered.

In the meantime I received an email from Monarch apologising for the delay and offering me £100 in Monarch flight vouchers. Posters on this forum advised I was best placed not to accept the voucher offer as this could have a bearing on my ability to obtain all or part of the 250 euro compensation payment (possibly via the Court system) when the ECJ ruling appears.

I therefore wrote to Monarch thanking them for their voucher offer as follows ....

I thank you for providing the discount vouchers however I would be obliged, before accepting same, if you could indicate if these are provided on the basis of an ex-gratia payment, in lieu of the lack of provision under regulation 261/2004 or in respect of the outcome of the ECJ decision.

I have today received the following response ....

The vouchers have been sent as a gesture of goodwill and will not affect our liability pending the decision of the ECJ.

Kind regards


Monarch Customer Relations
Tel: 08444 815 626
Fax: 01582 728231
Email: customer.relations@monarch.co.uk
www.monarch.co.uk

I trust therefore that readers concur that in accepting the vouchers I am not 'missing out'. ???

Thank you for your continued help.

Just two other matters regarding the ECJ ruling .... 1) I find it stupid that a 3 hour delay results in the same compensation payment as say a 30 hour delay and 2) Crow flies distance from PMI > BHX is 1478 kms. Had I have flown from Manchester I would have been entitled to an extra 150 euro.

Liquorice_Twirls

Our flight yesterday from Belfast with Flybe was delayed and we arrived back in Manchester exactly 3 hours later than we should have. I have confirmed this landing time online and with the airport.

The airline gave us a £5 voucher for light refreshments after almost 2 hours.

I appreciate that there seems to be a court case pending at the moment which will give a firmer idea of what if anything the airlines should be paying for delays, however is this length of delay likely to be subject to compensation and if so should I submit a letter like those posted informing Flybe of my intention to claim?

Many thanks

111KAB

Personally I think a three hour delay could be tolerated however you need to obtain the accurate delay information first ie not what your watch indicates! Try via airline first - you might think they are going to doctor timings - if so Manchester airport arrivals time against that scheduled on your booking.

Liquorice_Twirls

Well I did confirm it by ringing Manchester Airport and they say that the flight arrived at 11.55 and it was due to land at 8.55. They have to keep flight stats and I would have thought their data would have been regarded as more impartial than that of the airline.

Additionally I have looked online at the flightstats.com data on landings and it states 11.55 as the landing time also.