Compensation for delayed flights Discussion Area

scorbutico

Who do I claim from? I booked package holiday through travel agent, flight with British Airways. Arrival delayed by 8 hours due to fault with plane enroute.

errpaul

Just after some advice on if I can claim.
We had a flight from Orlando to gatwick with virgin. As this was a special holiday we had upgraded to premium economy do not cheap!
On the return flight we went to check in but were told that our flight had been overbooked and that they had put another flight on later the same day, departing some 5hours later. I think there had been some issues and they had been bumping passengers to our flight who should've been on an earlier flight again.

We had already had issues with the staff on checking in and so took the later flight and a food voucher.
I initially complained about the service and the attitude of staff but only got a Wooly reply from customer service.

The question is as we took the later flight does this count?
We were Considerably delayed over our booked flight, but the additional flight was not what we would consider to be that late!

Thanks

atypicalblonde

Hi there everyone

I am just after a bit of help with regards to United Airlines. When my husband and I flew to San Francisco from London Heathrow on our honeymoon our flight was delayed for 4.5 hours and I would like to make a claim. However I am really struggling to find a correspondence address for UA to write to.

Has anyone successfully claimed with them and, if so, please could you share the correspondence address you used?

Thank you very much in advance xx

AV83

Hi, I would like to ask if the problems with Emirates airlines also fall into this category!!
I have already sent them a complaint over 3 weeks ago and have heard nothing from them, they do not have a contact number to call them its all online, and all i keep getting is an automated response feedback stating that the email has reached them! and then nothing!
PS this claim is not for the delay which caused missing a connecting flight for leisure purposes but the entire trip was for a business purpose which intail has left us with some really bad repercussions leaving us with a bad dent in our wallets! and no ways is Emirates going to get away with this!

Regards
AV83

valperkins

I tried to claim for a more than 8-hour delay via Flybe, but they say the plane punctured in landing at Rennes St Jacques, therefore not their fault. Am now in correspondence with the French equivalent of CAA, but not holding my breath!

pinkcjxx

Just wondered what I can do as I have contacted TC several times over the last 3 months and they are no responding - when I asked a question on their forum page someone said that they are looking in to it. As Isaid its been 3 months and I'd like to push the matter further but am not sure what I can actually do.

thanks in advance.
Cassie.

errpaul

Centipede100 wrote: »

You were not delayed but denied boarding! As such your claim should be somewhat easier to make and there is little or no defence available to the airline so you ought to be able to secure the due compensation without too much hassle from the airline.

Write to Virgin and give your original flight details, booking ref and passenger names and state that you are claiming for denied boarding compensation of 600 euros (or sterling equivalent) per passenger.

The relevant part of the Regulation on denied boarding is here:

Article 4

Denied boarding

1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.

2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.

3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

That's great, thank you. I think they'll say we volunteered as from memory their wording was such that they didn't actually refuse but just said that we would be moved and would get food vouchers as a thank you.
We didnt question this (as had already had issues with the staff) so does this mean that we unwittingly volunteered?

samwardill

Centipede100 wrote: »

This particular sub-forum is purely about compensation for delays and cancellations so I don't think there are any surprises in your first statement...

If the law entitles passengers to claim for compensation then that is what they will do. "Mis-treatment" has got nothing to do with the Regulation, however...!

Various informed commentaries on the subject of compensation suggest that the overall cost per passenger per flight is between £1-£2 and Ryanair (helpfully) split out this EU 261 levy and charge it at £2 per passenger per flight sector.

Do you really believe that at £2 per flight this will lead to the return of only the wealthy travelling?

I agree with the comments above. I would argue that the failure of airlines to focus and invest enough to ensure punctual service results in mistreatment of air passengers in general. I think the issue airlines seem to have is that the current regulation allows you to claim a lot more than the cost of your ticket. This is unlike the UK train delay passenger charter compensation regulations (where compensation is linked to the price of the ticket). The UK train passenger charter has been around a long time and has (in my opinion) been quite successful in focussing operators on improving punctuality and service.

Interesting, even the MSE weekly email issued today seems to suggest that it would be unethical to claim 215 pound when delayed on a 10 pound flight. Personally I don't think that it is unethical at all. I think that the regulation isn't working because airlines perceive that it is unfair. Perhaps they would find a compensation linked to the value of the ticket as fairer and then start focussing on trying to reduce delays rather than avoiding paying the compensation to which passengers are legally entitled. I think it is the airlines who are currently acting unethically by trying to subvert the law on compensation.

liz9613

Hi All
I would like to say a huge thanks to MSE for the Flight Delay advice. I wrote a template letter to Thomson on 15/01/13 re a delayed flight (11hrs delayed ex Enfihda Tunisia) from 26/02/12 and after not receiving any response, I chased it by telephone on Monday 11/02/13 and followed up with an email.

Thomson rang me yesterday to confirmthat they'll be sending a cheque for the compensation amount that I'd requested (1200euros) in GBP £1068.

Very pleased!

Big thanks again to all.
:T

ECP_44

Hello,
My husband and I tried to make a claim to Swiss airlines last year but they never solved the issue.
We wrote a letter which was sent recorded delivery, we made several phonecalls but we were ignored.
Does anyone know what it can be done when the airline ignores a claim?
Thanks