Compensation for delayed flights Discussion Area

Crisiscult

Hi

First post here. Hopefully someone can give some advice on this one.

My wife's flight was with BMI in July, but by that time they had been taken over by BA and I presume this is why the original flight she had was effectively cancelled and she was offered a BA flight.

Original flight was BMI London Gatwick to Kiev at about 12:05 pm and the new BA one was from London Heathrow at 7:35am or thereabouts. She got a refund and after many many emails insisting that we were entitled to compensation because we were only notified about 10 days before, they have now offered 200 euros, which they say is half the entitlement because the arrival time of the new flight would not have been more than 3 hours after the original.

My interpretation of the rules would be that for the airline to avoid full compensation they need to offer an alternative flight that meets BOTH conditions ie. not more than 2 hours before and not to arrive more than 3 (or 4?) hours after.

Can they reduce the compensation by 50%?

Crisiscult

Thanks centipede. To clarify my point, however, is the airline allowed to offer an alternative that is half suitable i.e. fulfills half the criteria for an alternative in that it arrives not more than 3 hours after the original? That is the basis of BA's argument. I've copied part of their mail below:

The distance of Mrs P's journey eligible for compensation as calculated in accordance with EU legislation was between 1500km and 3500km. Based on this, she is entitled to EUR200 in compensation, which is 50% of the full amount. The reason for the 50% reduction is that Mrs P was provided with a rerouting that was scheduled to arrive at her final destination less than 3 hours after her original arrival time.

Mark2spark

Crisiscult wrote: »

Hi

First post here. Hopefully someone can give some advice on this one.

My wife's flight was with BMI in July, but by that time they had been taken over by BA and I presume this is why the original flight she had was effectively cancelled and she was offered a BA flight.

Original flight was BMI London Gatwick to Kiev at about 12:05 pm and the new BA one was from London Heathrow at 7:35am or thereabouts. She got a refund and after many many emails insisting that we were entitled to compensation because we were only notified about 10 days before, they have now offered 200 euros, which they say is half the entitlement because the arrival time of the new flight would not have been more than 3 hours after the original.

My interpretation of the rules would be that for the airline to avoid full compensation they need to offer an alternative flight that meets BOTH conditions ie. not more than 2 hours before and not to arrive more than 3 (or 4?) hours after.

Can they reduce the compensation by 50%?

Am I missing something? I calculate that the expected delay would have been non existent, as the new flight departed some 4 and a half hours *before* the original flight? Therefore arriving before the original flight was due to depart?

But if I have it wrong, just to confirm, that there is no scope to reduce compensation amounts on flights of less than 3500 kms, irrespective of delay time. But the flight - any flight - must have been MORE than 3 hours delayed (on arrival).

Mark2spark

Gary_Bee wrote: »

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

Only compensation for the delay, not both.

LindsayK

Centipede100 wrote: »

You are missing 600 euros...!

Respond to their email and tell the airline.

Thanks Centipede, I have emailed them but had no response yet, was concerned that they were trying it on as one of the passengers was a child. Will keep all posted.

staylor1982

Hi all, just thought I would update you on my claim with Thomas Cook. My flight TCX2312 on 29 September 2012 from Manchester airport Terminal 1, was due to depart at 6.45am.
When I checked in, I got told there's an airport delay till 9.20am. At 9am we boarded the plane, took off and within 10 minutes of flying we had to land back at Manchester due to a technical fault, the pilot announced this and he did have an oxygen mask on. He said that he can smell oil/fuel fumes through the oxygen mask.
Once we landed, engineers came to look at the plane and we got told we had to leave the plane where we will be given £8 meal vouchers each. Also there will be another plane for us at 1.35pm.
In this time we never got our pushchair back for our 20 mth old daughter.
We boarded the plane at 1.40pm and we finally took off at 2.04pm.
We was 7 hours and 19 minutes late.
We flew to Alicante Airport which is 1670km away and there was 7 people in our party. This means we are entitled to 400 € each (£320)
We was delayed 1 hour and 30 minutes on our way back home aswell, this was because the plane had to divert to Gatwick Airport to deliver a plane part for another Thomas Cook plane.
On the coach transfer on the way back to Alicante Airport we got handed a letter explaining the reason why we was delayed on the 29th September.
We got home on 6th October, once I recovered I wrote Thomas Cook a letter. Once I sent the letter off it was then I saw this new flight delay compensation.
I got a standard letter back saying we have recieved letter we will get back to you in 28 days.
Within 2 weeks I got a letter with an apology, which I was not happy with. I used a template letter from here. Also sent proof of all documents.
Got a letter back saying we have recieved it, will get back to you within 28 days. This letter is dated 22/11/12.
After watching it on watchdog daily a few weeks ago I was sure we had a right to claim.
Last week I emailed the CAA with all documents, I got a reply back saying they will get in touch within 14 days. To see if I do have a claim. I also used the template letter on here but in an email.

No news yet but I will keep you updated on things.
This was my first time flying with my 3 children! What a nightmare!

mummyfurby

hi

our flight was delayed from orlando to gatwick back in november by 5 hours. i put in a claim for compensation but have had a letter back saying this claim is declined due to it being extraordinary circumstances which were beyond their control. the delay was apparently due to accidental damage to an engine. it went on to say that the fault was found they utilized another plane to operate the flight out to orlando, and this flight was then used for the return flight back to gatwick, this was our flight. but when we were at the airport we were told that the fault had been found once the plane had arrived at orlando not before.

As a result of the delay I missed my booked train home which I had booked a good 4 hours after our scheduled arrival to take in account of delays and had to purchase another train ticket.

the flight home was uncomfortable and the food was not really edible and as a result my 12 year went without food.

is there any other way of claiming any compensation back for this delay or does virgin have the last word on this matter.

Dopey1980

Mark2spark wrote: »

Details please

When the money is in my bank I'll say more.

Dopey1980

Quick question...

Do I absolutely need to have the e ticket/booking ref number to make a claim?

If I was travelling with someone and they had only their e-ticket number and I didn't have anything surely the airline should be able to see that I was on the flight with my travel companion?

Brandnew_2

Does anyone know what happens if the delayed flight is so long that you don’t takethe flight? I had one delayed so long that I would not have been able to meet the people I had planned ot meet in Belfast before they left for a roadtrip. As the trip was only worth a tenner I did not bother getting my money back. More trouble than it was worth.



And…what is the earliest date I can claim back to? It seems to state more than 6 years on the moneysavingexpert flight compensation thread:

“you can backdate any claim to 17 February 2005.”