Compensation for delayed flights Discussion Area

saurabhgupta

You are authorized to get compensation for delayed flight here in India. According to DGCA there is a facility of compensation of Rs. 2,000 - 4,000 if a flight is delayed for more than two hours, but only if the airline is directly responsible for the delay. and If the journey is delayed by more than 24 hours, the airline will have to compulsorily provide food and accommodation to passengers.


Source: WeAreHolidays.co.in

irisradford

richardw wrote: »

irisradford, do you have a reason from them for the delay?

The flight was delayed for 3 1/2 hours due to a "broken down aeroplane" (first explanation) or "plane being in the wrong place" (second explanation).

richardw

irisradford wrote: »

The flight was delayed for 3 1/2 hours due to a "broken down aeroplane" (first explanation) or "plane being in the wrong place" (second explanation).

So they haven't yet denied your claim and muttered 'Extraordinary Circumstances'?

Gary_Bee_2

Hi,

Not sure what to do with this, 1st thime this has happened!
so any advice greatly appreciated.
Booked flight only via Firstchoice to Goa from Gatwick. due to depart 18.40 on 24.11.12, sat on plane for over 3 hours due to tech. fault, we were then told flight would be at 17.00 following day. We were given £8 in vouchers, and put up in hotel over night.

eventually took off at 17.45 on the 25.11.12.

can i look at claiming refund or compensation or both?

i have looked at TUI's T&C's (copy below) and it appears to read, that, as they did eventually get us to our destination, they have effectivley "exempted" themselves from the European rules!!!

what should i do now?

Gary

9.2 CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1 We will take all necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2 Except as otherwise provided by the Convention or the applicable law including, without limitation, EU Regulation 261/2004, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or cease to operate a route, we shall, at our option, either:
9.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
9.2.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of travel without additional charge. If the fare and charges for the revised routing are lower than you have paid, we shall refund the difference; or
9.2.2.3 make a refund in accordance with the provisions of Article 10.2.
9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 9.2.2.1 through 9.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.3 DENIED BOARDING
If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law including, without limitation, EU Regulation 261/2004, or if more favourable to you, our denied boarding compensation policy.

richardw

Gary_Bee wrote: »

... they did eventually get us to our destination, they have effectivley "exempted" themselves from the European rules!!!...

Twaddle! They can't. It's EU law.

Claim compensation.

sparklet1

Hi all, I'm new to the forum.
I've received an email from BA accepting that my flight departure was delayed by more than three hours. However, they have reduced the compensation by 50% to 200 Euro pp because we arrived within 4 hours of the scheduled arrival time.
Is this reduction correct? I'm actually really pleased that they have replied at last.

millymollie

Hi there,

Been trying to get compo off Thomas Cook regarding a 6 hour flight delay last year, fobbed off with extraordinary circs etc.
I wrote to them to find out the nature of the "extraordinary circs" and they have told me

"despite regular maintenance blah blah the airplane had an oil leak which caused the delay" as this was unpredictable it is classed as extraordinary therefore no compensation is payable.

Thoughts / advice please??? Is an oil leak really that unusual???

Many thanks

sparklet1

Thank you for your reply centipede.
Flight number BA0495
Date 17 September 2010
Scheduled departure time:2050
Actual departure time: 1215
Scheduled arrival time: 2230
Actual arrival time: 0149

It's so long ago that I can barely remember but think that we didn't get home until about 3.30 am and we only live 45 minutes from the airport so I'm not sure when we actually disembarked. I doubt that that makes any difference as it's based on when the wheels touched down.

millymollie

Thanks
I will send them the NBA letter and see what happens next..

JDunning7

Hi all.

I organised a lads holiday to Tenerife in June/July 2007, our return flight was delayed by 5 hours, due to 'technical problems' with the aircraft.

At the time it was a MyTravel flight, so I've drafted up a letter, and am sending it off to Thomas Cook

Not too sure what to expect, I've read through a few pages of this Forum Thread, and there doesn't seem to be many success stories! Lol.

I will keep you posted on any developments.

Jonny.