Compensation for delayed flights Discussion Area

teflon

I'm just back from a nice little weekend break with my girlfriend in Krakow, which was extended a little due to a spot of snow in London...

We were due to fly on an easyJet flight from Krakow Balice to Luton on Monday, but around the time we were due to be boarding, we were informed the flight was cancelled. By the time we reached the front of the queue at the easyJet ticket desk, the first seats available to any London airport were this Friday; some other UK airports on Thursday; and one to Paris on Wednesday. None of these were any use as myself and my girlfriend were due back at work on Tuesday.

As I understand it from easyJet's T&Cs, and the EU 261/2004 regulations, since the cancellation was due to circumstances outwith the airline's control, all they're obliged to offer me are alternate flights or a refund on my flight - ie no meals, accommodation, or compensation. Is this correct?


At the airport's coin-op internet terminal, we managed to book alternate flights for Wizz's Tuesday morning's 0600 departure from Katovice to Luton. Around an hour later, when trying to work out how the hell to get to Katovice airport (a coach leaving Krakow bus station at 0230, if you're interested), we discovered that this flight had also been cancelled due to snow.

The next available seat with them was today (ie Wednesday) at 0600, which we switched to. Wizz charged us their standard £25.50 fee each for this date change. Their T&Cs say that if they cancel my flight, passengers may "(ii) cancel your reservation for the journey not made and re-book onto another flight operated by Wizz Air or another low-cost airline on the same route to your destination", but no mention of altering my booking and being charged for it.

Is this not at odds with the EU regs? Is it worth my while chasing them for a refund for the £51, or would I be better off claiming on my travel insurance?

Any advice would be much appreciated. I've not really had much sleep, so this is making even less sense than usual...

Mazza_60

My daughter's return evening flight before Xmas from New York was cancelled for 'operational reasons' - she was flying JFK to Gatwick with BA. They offered her another flight at a similar time from Newark NJ. She didn't want this as JFK was her airport of choice. The only other alternative was the next morning JFK to LGW or that morning JFK to LGW. She chose the earlier flight because opting for the next morning would result in losing a days pay. As it was she lost a days holiday. BA have offered, by their own admission, half the compensation i.e. 300 euros. She stuck out for the 600 euros but they won't budge saying she wasn't 'delayed' as she chose to go on a flight 12 hours earlier. Any thoughts?

mikepreece_2

Right then, here is my little story.

I was due to fly to Las Vegas on 18th Jan and return on 2nd Feb with Delta

My first flight from Gatwick was cancelled due to “mechanical fault” and we re booked on the same flight the next day. To be fair, they put us up in a nice hotel and provided 3 meals. We got to Vegas on the evening of 19th Jan, I day later then we should have.

My return flight was also cancelled due to Mechanical fault on 1st Feb and they put us up in a hotel in the middle of no where with $21 worth of food vouchers that we could not use in any of the restaurants near us. We left Vegas on 2nd Feb to Atlanta. Upon arriving at Atlanta, we had 45 minutes to catch out connecting flight to Gatwick. We assumed that we would have to reclaim our baggage and check in as normal, we waited for 25 minutes at Baggage reclaim before we asked someone if there was a problem with our luggage only to be told that our bags where on our connected plane and that we did not need to check in or collect bags. We had not been made aware of this at all. We made a dash to the gate and we missed the flight home, we got booked on another flight 6 hours later going to heathrow.

As I have had two cancelled flights, am I entitled to 2 lots of compensation?

Thanks

richardw

Compensation for what?

mikepreece_2

richardw wrote: »

Compensation for what?

Having 2 flights cancelled

jignesh111

Hi there I have just got back from Portugal after spending two days waiting for a new flight. My flight was originally planned to leave on Monday 2nd February at 1000 but was cancelled due the bad weather in London. We waited for four hours but we weren't offered any drink or food vouchers. Instead I was offered an alternative flight to Gatwick airport on Wednesday 4th February. Easyjet offered me one night in a five star hotel and asked me to return the next day. Upon returning the lady at the counter said that they only offered one night in the hotel and that the company would not pay for another night. I asked to use the phone so I could ring my insurance company for advice but was offered no support what so ever. I had to make my own travel and hotel arrangements for the extra night including food. We flew out on Wednesday and the plane arrived late leaving me no option but to stay at the airport as there were no trains or coaches available back home. I spent an extra 60 pounds for a train back home. In total i must have spent another 300 euros trying to get back home. My questions are:

1)What can I claim back and how
2)Do I have a right to complain as I should have been provided with a second days worth of accommodation.
3)I have travel insurance for this trip with mondial insurance. They said that they would provide me with 20 pounds for every twelve hours delay but is there anything else I can claim.

Any help would be gratefull

chickof78

OK, In November I was inconvinienced and annoyed by my flight being cancelled between London City and Dublin airport, BA put me on an Air France service that arrived a little over 3 hours after I was supposed to. I had to take a taxi home as the bus is hourly and it was really late. It wasn't a huge problem, more of a minor inconvenience. So, now my friends flight was delayed by 18 hours I looked up the compensation regulations to find that she couldn't claim compensation (freak weather is apparently exceptional) but that I might be able to. I figured I would give it a go. I wrote to British Airways and told them about the cancellation. They wrote back saying:
"Your claim for compensation has been refused because BA8465 on 09 November 2008 was cancelled due to an unexpected technical fault which prevented the aircraft operating as scheduled. Under EU legislation, Cityflyer is not liable for a compensation payment in this situation. Unfortunately airline operations are subject to circumstances outside the airline's control. Cityflyer takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that cancellation was necessary in this case. "
So, I wrote back with:
"I would like further details of the decisions made to cancel my flight in these circumstances so that I can be satisfied that the flight was cancelled in 'exceptional circumstances' as laid out in Article 5(3) of Regulation No 261/2004 as interpreted by Eivind F. Kramme v SAS Scandinavian Airlines Danmark A/S. I would like you to provide evidence that all reasonable measures had been taken to avoid the cancellation of my flight. Please will you provide the following:

• a record of cancellations and delays for services between London City and Dublin using this model of aircraft for the months of September to December
• the measures taken to ensure proper and timely compliance with the schedule of maintenance and checks on the aircraft.
• The measures taken to resolve the technical problem once it appeared
• The steps taken to resolve it without withdrawing the aircraft from operation
• Details of the technical problem once it was diagnosed
• Details of the rarity of the problem (ie is this a known fault for this model or a highly unusual fault)
• Details of the length of time taken to resolve the problem once it was diagnosed
• Details of the previous maintenance record and breakdowns of the aircraft

I am not presently satisfied with your response as you have not indicated the specific grounds on which you wish to claim 'exceptional circumstances'. I would appreciate a speedy response, and should I remain unsatisfied I will forward the matter to the Air Transport Users Council for consideration."
I don't have a great deal of faith that I am going to get any compensation but I thought I would put my 2 cents in. I think its crazy to think that an aircraft fault is 'exceptional circumstances'. This is the most expensive flight I have taken to Ireland, and it was delayed the most heavily. Madness! To be honest I am not all that bothered, but I would like them to give me compensation because lets be honest, I will make better use of the money

mikepreece_2

chickof78 wrote: »

OK, In November I was inconvinienced and annoyed by my flight being cancelled between London City and Dublin airport, BA put me on an Air France service that arrived a little over 3 hours after I was supposed to. I had to take a taxi home as the bus is hourly and it was really late. It wasn't a huge problem, more of a minor inconvenience. So, now my friends flight was delayed by 18 hours I looked up the compensation regulations to find that she couldn't claim compensation (freak weather is apparently exceptional) but that I might be able to. I figured I would give it a go. I wrote to British Airways and told them about the cancellation. They wrote back saying:
"Your claim for compensation has been refused because BA8465 on 09 November 2008 was cancelled due to an unexpected technical fault which prevented the aircraft operating as scheduled. Under EU legislation, Cityflyer is not liable for a compensation payment in this situation. Unfortunately airline operations are subject to circumstances outside the airline's control. Cityflyer takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that cancellation was necessary in this case. "
So, I wrote back with:
"I would like further details of the decisions made to cancel my flight in these circumstances so that I can be satisfied that the flight was cancelled in 'exceptional circumstances' as laid out in Article 5(3) of Regulation No 261/2004 as interpreted by Eivind F. Kramme v SAS Scandinavian Airlines Danmark A/S. I would like you to provide evidence that all reasonable measures had been taken to avoid the cancellation of my flight. Please will you provide the following:

• a record of cancellations and delays for services between London City and Dublin using this model of aircraft for the months of September to December
• the measures taken to ensure proper and timely compliance with the schedule of maintenance and checks on the aircraft.
• The measures taken to resolve the technical problem once it appeared
• The steps taken to resolve it without withdrawing the aircraft from operation
• Details of the technical problem once it was diagnosed
• Details of the rarity of the problem (ie is this a known fault for this model or a highly unusual fault)
• Details of the length of time taken to resolve the problem once it was diagnosed
• Details of the previous maintenance record and breakdowns of the aircraft

I am not presently satisfied with your response as you have not indicated the specific grounds on which you wish to claim 'exceptional circumstances'. I would appreciate a speedy response, and should I remain unsatisfied I will forward the matter to the Air Transport Users Council for consideration."
I don't have a great deal of faith that I am going to get any compensation but I thought I would put my 2 cents in. I think its crazy to think that an aircraft fault is 'exceptional circumstances'. This is the most expensive flight I have taken to Ireland, and it was delayed the most heavily. Madness! To be honest I am not all that bothered, but I would like them to give me compensation because lets be honest, I will make better use of the money

I am going to send a similar email to Delta, i got an e mail back from them this morning saying that I dont get any compensation as a mechanical fault is classes as 'exceptional circumstances'. However, i get a feeling the flight was cancelled becasue it was 1/4 full. Even the flight the next day was only half full

dzug1

mikepreece wrote: »

I am going to send a similar email to Delta, i got an e mail back from them this morning saying that I dont get any compensation as a mechanical fault is classes as 'exceptional circumstances'. However, i get a feeling the flight was cancelled becasue it was 1/4 full. Even the flight the next day was only half full

The outward flight - possibly, depending on where you get with the exceptional circumstances argument

The return flight - no compensation. The EU rules do not apply to flights starting outside the EU unless operated by an EU airline

onlyhalfling

Hi everyone...

I'm due to catch a flight from standstead in a few hours but it looks like my flight may be cancelled. Would anyone know if I could get compensation for the hotel that I've paid for and the football game I've already bought tickets for?