📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Compensation for delayed flights Discussion Area

Options
12672682702722731218

Comments

  • pmramsay
    pmramsay Posts: 128 Forumite
    Tenth Anniversary Combo Breaker
    Quick couple of questions,

    Going to see if i can get compensation for a 7 hour delay in a flight from gatwick to havana.

    Can I claim for both a refund and compensation or is the refund for only if you didnt take the flight. Looking at Martin's template it says

    "[If you opted for a refund for a delayed flight, which hasn’t yet been paid then use the following text. If not, delete] The flight was also delayed over five hours and as I decided not to fly I’m also seeking a refund for the cancelled flight ticket/s. I’m seeking a refund of [insert flight cost] per passenger in my party, which I’ve not yet received from the airline. The total is [insert total refund for all passengers] for all passengers."

    I am not sure if this is for if i cancelled the flight only. The flight was taken and arrived 7 hours late. Would I be right in assuming that i could only claim the e600 each for the compensation?

    Thanks
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    pmramsay wrote: »
    ... compensation for a 7 hour delay in a flight from gatwick to havana....

    Which airline was it?

    Why was it delayed?
    Posts are not advice and must not be relied upon.
  • pmramsay
    pmramsay Posts: 128 Forumite
    Tenth Anniversary Combo Breaker
    hi,

    it was virgin atlantic and i dont recall the reasons but it wasnt weather related, think it was technical reasons but not quite sure
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    Ask Virgin for the reason for the long delay of X hours from take-off.
    Posts are not advice and must not be relied upon.
  • richardw wrote: »
    monkeyspanner, what caused the delay that exceeded 3 hours from original departure time?
    Hi,
    It snowed for about 50 mins that morning which caused the original delay to our flight TCX 26K. Thomas Cook in one of their letters to us said

    'We were told at 9.45 that the airport would close for 15minutes to close the runway however, at 10.30 we were advised that the next information on the airport reopening would be at 12.00. Unfortunately this time was further revised at 12.30 to next information at 16.00'.

    We do not deny that it snowed but it was Thomas Cook's inability to manage the situation at any level that put the tin hat on it! Having no food or drinks vouchers and having to 'sleep' on cold marble floors in sub zero temperatures was bad enough for us, but to see a lady in her 80's travelling alone to spend Christmas with family being treated in such a cavalier way was heartbreaking.

    Why I was asking for help was the being told to go to the gate at approximately 16.30 only to be denied boarding and being sent back to the departures lounge until the following morning when other flights had been departing and arriving during the afternoon.

    Any help would be appreciated

    Thanks
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    Hello,

    EUDELAY have access to air traffic data and could search the evidence that the airline would rely on in order to deny their fault. If you are entitled to compensation could be found this way. good luck

    Hit the spam button
    Posts are not advice and must not be relied upon.
  • richardw wrote: »
    Hit the spam button

    Already done!
    I started out with nothing and I still have most of it left!

  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    edited 22 November 2012 at 9:59AM
    monkeyspanner, there's no point claiming Article 7 compensation with regard to http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML because it is highly likely that a County Court Judge would agree that the snow was 'extraordinary circumstances' and no Article 7 compensation is due.

    Yours was a package holiday so you could argue with Inghams for significant loss of holiday time
    http://www.legislation.gov.uk/uksi/1992/3288/regulation/14/made

    BTW see post 3200 below.
    Posts are not advice and must not be relied upon.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Since the flight was operated by AA then your claim is against them not BA.

    I was also going to say that, but as BA are twinned with AA, I went for BA as the first step claimant.
    It wouldn't hurt of course to instigate a claim against both, and wait and see what one rebuffs you.

    But it might be interesting, as AFAIA, quite a few AA flights (aeroplanes anyway) operate with the BA flight code. Also with BA air crew.
    So if you book a flight with BA, pay BA, check in at a BA desk, get given a BA boarding card with a BA flight number/code, walk through the connecting arm onto an aeroplane to be greeted by BA staff... at what point does the penny drop that your actually with AA??
    Hmmm... :cool:
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    edited 22 November 2012 at 12:21AM
    The regulation clearly says 'operating air carrier'.

    BA crew do not operate/crew AA aircraft.
    Posts are not advice and must not be relied upon.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.