Compensation for delayed flights Discussion Area

morleymackam

I've had a similar issue. Had a flight cancelled after 4hrs delays from East Midlands to Prague. We were assured by the people at the airport that we would get compensation as the cancellation was due to snow in Venice (where the flight was coming from) causing a delay meaning our crew had worked their hours.

Speaking to Easyjet on the phone they have said we won't get compensation as it's due to weather reasons. Any info I can chuck at them?

mystic_trev

Well done to Cityboy for getting compensation, but unfortunately, thanks to the lax wording of the Act, it's a rarely won case. This is what it says in the Q&A

Weather conditions are by their nature unpredictable and it is not therefore possible to create an exhaustive list of the circumstances that may lead to weather related disruption. In evaluating an incident, an NEB has to bear in mind that the safety of flight operations has to be the overarching priority and should therefore consider each incident on its own merits. A NEB should adopt the test of whether the actions of an airline were "reasonable" in the circumstances based on the information available to the airline at the time of the disruption.

kaz9785

HI, Does anyone know if you have to have insurance with your flight to be able to claim money back if your flight i cancelled? Mine was last night and i had to re book my flight aswell as pay out for a hotel,which in total has cost me over £150, Of course i will be emailing the company now aswell as writing, just wonder if anyone has been knows more? Thanks

kaz9785

Thanks for your reply,
They said it was cancelled due to the plane due to come over from belfast but couldnt due to the snow, we were flying from stanstead to newcastle. I did hear though that the flight did arrive from belfast but there were so many passengers for belfast they put them on that flight and cancelled ours! I've just emailed the company asking for comp and the original money refunded.

popstar

I was due to fly to home Newcastle from JFK New York with Air France on Monday 14th December 2009 at 19.10. We were kept hanging around the airport for a couple of hours, boarded the plan where we sat for 2 hours until eventually being told the flight would be cancelled due to a technical fault. From that moment on everything descended into chaos. Passenegers were left to collect their bags and fight to get onto buses to be sent to various hotels in the area. I realise this was a momumental feat with over 500 passengers and crew. When we reached the hotel there was no representation from Air France. Eventually, after lots of confusing and mis-information we were asked to return to the airport the next day. Our flight eventually took off at 20.30 hours on Tuesday 15th December, this resulted in us missing our connecting flight and a further 5 hour delay in Charles de Gaulle. We eventually arrived in Newcastle at 16.30hours on Tuesday 15th, a totla delay of over 30 hours. I have contacted Air France and they have said that they do not accept liability for the consequences. I don't understand how they can do this, can anyone suggest any help to deal with this.
Thanks

popstar

Thank you for your feedback, I will have a go.

popstar

Cityboy wrote: »

You will need to write (snail mail recorded is best) and state your case and what you are expecting AF to do. If you are pursuing compensation under EC 261/2004 Article 5 and 7 due to a cancellation, you should include reference to the Wallentin-Hermann case C‑549/07 in the ECJ. The summary of the judgement is below but means that airlines cannot ordinarily rely on 'extraordinary circumstances' as a valid defence to a claim for compensation:

1. Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. The Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, is not decisive for the interpretation of the grounds of exemption under Article 5(3) of Regulation No 261/2004.
2. The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
3. The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.

For further help, you might like to try the flightmole forum.

Cityboy

Where can I find the flightmole forum, sorry, I'm useless at this

Axiom

My story:

We went to Gran Canaria for a week (From 14/12 to 21/12). Upon getting Las Palmas airport, we found that our flight back to Glasgow was going to be delayed for at least 12 hours. We had two young children in our party (one of whom was two years old); we had no baby food, clean clothes, nappies or anything of that nature, as we did not expect to be delayed. As a consequence, we paid to get on another flight that was leaving around the same time (yet, perplexingly, was not delayed.) Our original - delayed - flight, was supposed to land at 1950 yesterday evening, yet landed at 1035 this morning.

Given the circumstances, to whom would I speak to in order to get compensated for the money spent upon getitng aboard the other flight? Would I claim back from my travel insurance or from Thomas Cook? (TC being the company we booked the holiday from).

Many thanks.

cmatt360

easyjet flight cancelled - train booked (£65 first class to london no less :-)) and I am off to see public image limited tonight with london mates. Refund applied for - and 'alternative travel' form filled in ;-) Probably won't get the £65 back - but trying it on anyway

Told at the the airport that no flights will be available today or tomorrow

What I thought was a bit silly - was that they were putting people onto coaches from edinburgh to gatwick... surely with the current weather conditions this is a bit er dangerous? :-S

dzug1

Axiom wrote: »

My story:

We went to Gran Canaria for a week (From 14/12 to 21/12). Upon getting Las Palmas airport, we found that our flight back to Glasgow was going to be delayed for at least 12 hours. We had two young children in our party (one of whom was two years old); we had no baby food, clean clothes, nappies or anything of that nature, as we did not expect to be delayed. As a consequence, we paid to get on another flight that was leaving around the same time (yet, perplexingly, was not delayed.) Our original - delayed - flight, was supposed to land at 1950 yesterday evening, yet landed at 1035 this morning.

Given the circumstances, to whom would I speak to in order to get compensated for the money spent upon getitng aboard the other flight? Would I claim back from my travel insurance or from Thomas Cook? (TC being the company we booked the holiday from).

Many thanks.

Potentially both

You can claim (a fixed sum) from your travel insurance, assuming it covers homeward travel. I think most do. You may need proof of the delay to your original flight. The fact you didn't take it is immaterial.

Thomas Cook should have provided you with food and a hotel - was this not offered or did you decide to get home at all costs? If they didn't get the chance to offer you alternative arrangements then claiming from them is iffy - but it's worth a try.