Compensation for delayed flights Discussion Area

_paul__3

Dave_TH wrote: »

looks like a quiet night sorry but need to bump!

Excuse #1 - aircraft off the runway,
Excuse #2 - your aircraft suffered a birdstrike.

Both, IMHO, are extraordinary circumstances beyond the control of the airline so you should not win a claim for compo under EC261/400. As two different excuses were given, the question is, what is the truthful reason for the delay? If excuse #1 or #2 is the true reason, then I'm sure it should have made the local news...easy to check up on.

The fact that Lufthansa put you up for the night was the minimum they are required to do under EC261/400 when the delay is not under their control.

Mark2spark

Bird strikes aren't EC's, they are a frequent event.

blondmark

Mark2spark wrote: »

Bird strikes aren't EC's, they are a frequent event.

Agreed. 'Beyond the control of' is only part of the test for ECs. You would firstly need to analyse whether bird strikes are "inherent in the normal exercise of the activity of the air carrier", being the test in Case C-549/07 Friederike Wallentin-Hermann v Alitalia - Linee Aeree Italiane SpA. If so then a defence of ECs would fail.

So how was your holiday Mark2spark and, more importantly, was your plane delayed or cancelled?!

spaceaarvark

jerry2294 wrote: »

contacted easyjet with delayed flight in 2010 of 3 1/2 hours and they say l was only delayed 26 minutes.

flightstats also back up my claim but they just lie and try to fob you off.
now sent off letter to the CAA to complain to them.
has anyone had much luck with easyjet?

Was the 3 1/2 hours delay to your departure or your arrival?
It is quite possible on some long haul flights to take off 3 hours late and yet arrive on time.
You only get compensation if you arrived 3 hours later than the scheduled arrival time.

spaceaarvark

ANNIE_2 wrote: »

Does anybody know if i can claim for flight delay on a TUNISAIR flight from Manchester to Tunisia-flight was 3.5 hours late going out and 2.5 hours coming back-thanks

Outbound - yes, you can claim if your arrival was delayed by 3.5 hours and it was within the last 6 years.
Inbound - no, you cannot claim for a delay of 2.5 hours.

avnire

Originally Posted by Dave_TH
E mailed Lufthansa regrading a two hour delay leaving Stuttgart to Munich due to a problem at the airport, I was told an aircraft had gone off the runway Lufthansa promised that our connecting flight from Munich to Manchester would wait for us (both Lufthansa flights), anyway we arrived at Munich and rushed to the check-in desk to find the flight had already left, Lufthansa put us in a hotel and we flew home the following day total delay was 12 hours.
With them paying for the hotel plus taxis I am assuming they knew they where at fault otherwise why would they do this.

I had a phone call from Lufthansa customer relations declining my claim stating my aircraft suffered a bird strike and that was the cause of the delay, they say it is exceptional circumstances and that's the end of the matter, I need to consider what I may receive in compensation (if indeed I have a claim) versus what it would cost to push through a court (including stress and hassle) the route was less than 1,500 km so is at the lowest end of the compensation ladder.
thoughts peeps??

I have the same story with Wizzair. Their 6am flight eventually departed at 2.30pm in Budapest and got to London at 3.30pm, nice 8.5 hours delay! I literally had to take an extra day annual leave as I didn't get to work on time, only fell in at 5pm!

I have been corresponding with Wizzair and very "kindly" they offered me 30GBP flight Wizz air flight credit, as.. "with regards to your claim we would like to draw your attention that the flight W6 2201 on June 28, 2011 was delayed due to an unexpected technical problem as a result of bird strike that needed immediate attention in order not to jeopardize the safety of the flight."

Given that the delay was caused by extraordinary circumstances which could not have been avoided, I would not be entitled to any compensation..

I didn't accept that ridiculous offer. For my second response, they are offering me 50GBP cash.. Which is still ridiculous..

Actually I am quite stunned, but at the same time not surprised by the Wizz air's reaction. Any tips or hints about what you think I should do next?

maghater

Dave_TH wrote: »

E mailed Lufthansa regrading a two hour delay leaving Stuttgart to Munich due to a problem at the airport, I was told an aircraft had gone off the runway Lufthansa promised that our connecting flight from Munich to Manchester would wait for us (both Lufthansa flights), anyway we arrived at Munich and rushed to the check-in desk to find the flight had already left, Lufthansa put us in a hotel and we flew home the following day total delay was 12 hours.
With them paying for the hotel plus taxis I am assuming they knew they where at fault otherwise why would they do this.

I had a phone call from Lufthansa customer relations declining my claim stating my aircraft suffered a bird strike and that was the cause of the delay, they say it is exceptional circumstances and that's the end of the matter, I need to consider what I may receive in compensation (if indeed I have a claim) versus what it would cost to push through a court (including stress and hassle) the route was less than 1,500 km so is at the lowest end of the compensation ladder.
thoughts peeps??

If you don't fancy the hassle of mcol why not give one of the no win no fee vultures a go?

Zldh

Hi

Our flight from Gatwick to Orlando in Dec 2008 was delayed and then cancelled. Another flight was arranged or the next day and we were put up in a hotel overnight. We left Gatwick 26 hours after we were due to depart.

I have put in a claim for compensation to Virgin airways under the new legislation as we lost a day of our holiday.

The reason for the flight cancellation was due to the inbound flight being damaged- we were told due to lightning. Others on the flight were told it was due to a catering truck damaging the plane before it departed for the inbound journey. Either way, the damage did not occur on our flight and virgin were well aware of it before our flight delay.

My question is, would this fall under the exceptional circumstances category even though the damage did not occur on our scheduled flight?

First time poster, so I hope this is okay!

Thanks ZLDH

Caz3121

Zldh wrote: »

My question is, would this fall under the exceptional circumstances category even though the damage did not occur on our scheduled flight?

there is info in the FAQs and here https://forums.moneysavingexpert.com/discussion/4436113

ahunter

Just received £512 from BA - thank you MSE!! I owe you a pint or 200. And thanks also to the IMF for the favourable exchange rate...

Flight was SFO - LHR - EDI in October 2012, first leg was just under 4 hours late, but with the change it made it 4.5 hrs late.

I love BA and genuinely feel a bit sheepish cashing in the cheque, as round trip only cost 480. Flight out was operated by Am Airlines, not a patch on BA level of service, apart from delay.