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Compensation for delayed flights Discussion Area

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  • thepearce
    thepearce Posts: 2,287 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 30 July 2010 at 1:35PM
    Thanks for all the info and template letters - they are very useful.

    I have a question about which airlines / flights these rules apply to. My wife was delayed by over 5 hours on a TransAero (Russian Airline) operated flight from London Heathrow to Moscow some time ago. The ticket was purchased from BMI (this is a code share flight but was *operated* by Transaero).

    So the flight was from within the EU, but not necessarily with an EU carrier - so I'm unsure if the rules apply in this case.

    The flight was delayed because the incoming flight from Moscow (ie the plane that was to be used) suffered technical problems. Helpfully Transaero refused to document that the delay to her flight was due to technical reasons. Thanks.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    thepearce wrote: »
    Thanks for all the info and template letters - they are very useful.

    I have a question about which airlines / flights these rules apply to. My wife was delayed by over 5 hours on a TransAero (Russian Airline) operated flight from London Heathrow to Moscow some time ago. The ticket was purchased from BMI (this is a code share flight but was *operated* by Transaero).

    So the flight was from within the EU, but not necessarily with an EU carrier - so I'm unsure if the rules apply in this case.

    The flight was delayed because the incoming flight from Moscow (ie the plane that was to be used) suffered technical problems. Helpfully Transaero refused to document that the delay to her flight was due to technical reasons. Thanks.

    Flights with foreign airlines from EU airports or between EU airports are covered

    Flights by foreign airlines into the EU from outside are not covered.

    Not sure how codeshare affects it.
  • thepearce
    thepearce Posts: 2,287 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 30 July 2010 at 6:07PM
    Thanks for the adice both. Cityboy, as ever, great stuff. I actually sent a letter in January (to Moscow) but heard nothing. As you might imagine dealing with this is far from easy. I don't think I have any legal cover available but will pursue further.

    As for BMI they were absolutely no help whatsoever at the time of the delay as well as on another occasion with another TransAero flight with even simple problems/questions I had such as "when did the flight leave".
  • minnieuk
    minnieuk Posts: 7 Forumite
    Part of the Furniture Combo Breaker
    I got the following reply from Easyjet by email yesterday. Looks like a standard template replty (and she hasn't bothered to fill in the reason bit). I am planning to ring my insurance company on Monday to see about legal action. In the meantime is there anything I should do.

    Easyjet reply: Thank you for contacting us.

    I was sorry to learn of the disappointment that prompted your communication. Providing our passengers with a punctual and efficient service is naturally one of our principle aims. I also recognise that the care and attention you receive from our staff, especially when things go wrong, is of the upmost importance. I can, therefore, appreciate that the situation you have described must have been frustrating. Whilst of little comfort to you after the event has passed, I would like to reassure you that every effort is taken to ensure flight disruption is kept to a minimum and our goal is always to transport you to your final destination as quickly as possible.

    In the event a flight is delayed for more than one hour beyond the scheduled time of departure and you do not wish to travel on the delayed flight, certain options are made available to you. You will recall that our Terms and Conditions provide an entitlement to either a) a complimentary re-route on to the next available easyJet flight or b) the opportunity to cancel your seat and receive a credit for future flights with easyJet.

    In some circumstances passengers may be entitled to compensation under EC Regulation 261/2004. The Regulation is clear as to which situations give rise to an entitlement to compensation. In circumstances whereby a flight is cancelled or a passenger is denied boarding, passengers may be entitled to claim compensation. The Regulation does not provide compensation when a flight has been delayed. Our records show that this flight was delayed and not cancelled.

    Notwithstanding the above, it is also worth noting that the cause of the delay to your flight was <enter reason>. Such an event constitutes an ‘extraordinary circumstance’ under the governing regulation, that is, the occurrence was outside the reasonable control of the airline.

    For all these reasons, I regret, I am unable to agree to your claim for compensation.

    I would like to thank you for taking the time to share your thoughts with me and once again apologise that we were unable to meet your expectations. I do hope this incident will not stop you from choosing easyJet in the future.

  • garpond
    garpond Posts: 1 Newbie
    edited 2 August 2010 at 5:22PM
    Hope some one could offer my daughter advice.Her and her friend `s flight from Cardiff to Kos was delayed week last Saturday night because of a strike in KOS airport.They were due to fly at 9pm. They stayed overnight in local hotel and finally flew to KOS at 3.30pm on the Sunday.
    They were to have returned last Saturday night /Sunday am but that flight was cancelled because of fog in Kos airport ( but I cannot find any refernce to it on any website) and they were returned to a hotel.They boarded the plane Sunday evening (Aug1st) but after several hours the flight was postponed again apparently because of a shortage of staff and they were accommodated in a local hotel.There was talk of the plane diverting to Venice to pick up staff!. They were due to fly to Cardiff this afternoon and arrive 17.20 but according to airport website this flight has been delayed until late this evening but there are no guarantees that this will happen.She has travel insurance and booked at local Thomas Cook .Flight number isTOM6685 .What steps should she take on return to compensate her for such a shambles.?
  • fidgetbuzz
    fidgetbuzz Posts: 33 Forumite
    I am about to start court action against easyjet for cancellation compensation. can anyone provide guidance about which easyjet corporate name I contracted with and therefore want to cite.
  • fred_up
    fred_up Posts: 7 Forumite
    Doa wrote: »
    Hi again I have had word back from Thomas Cook & they say a full investigation is happening as we speak :question: :rotfl:
    They will get back to me within 28 days if not sooner.

    Stevie

    I have recieved the same letter today.
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Based on Cityboy's helpful advice on this thread I am expecting to be making a claim against Monarch.

    Our scheduled flight left LGW 3 hrs 35 mins late, and was expected to do so at the time we checked in 4 hours before planned take-off.

    I asked at check-in about compensation for delay and food vouchers and was fobbed off "because the delay wasn't 4 hours". As this flight was to Tenerife, which is less than 3,000 km (let alone 3,500) I think 3 hours, not 4, is the relevant criterion here.

    We have receipts for our modest drinks whilst waiting, and apart from that I think we are due EUR400 each (x3) for delay of over 3 hours.

    Any advice before pursuing a claim - apart from the fact that Monarch will refuse to pay up until the steps of the court?

    I visited the bookings desk at LGW and repeatedly asked about the 3 hour rule and why they were refusing to provide meal vouchers or anything else. The only response was "all today's flights are delayed" and "they've not told us to do vouchers on that one". They only gave me the EU wording when I repeatedly asked for it and were very begrudging about that - rather than hand it over at check-in which I thought was the requirement?

    The correct flight information is not showing on flightstats.com which is rather annoying - it still shows the schedule information which is blatantly incorrect.
  • Caz3121
    Caz3121 Posts: 15,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MarkyMarkD wrote: »
    Our scheduled flight left LGW 3 hrs 35 mins late, and was expected to do so at the time we checked in 4 hours before planned take-off.
    What was the arrival time - I believe they assess the delay based on the scheduled arrival time v's actual rather than departure delay
  • Hi we were delayed for 24 hours, we recevied overnight accomodation and limited food vouchers but at no time were we offerred a phone call or given any documentation re our rights. The explanation the pilot gave the day after was a catering van had hit an engine in Barbados the day before and this was the knock on effect, he wasnt sure how that effected the orlando flight but he was upset as the rest of us passengers as they thought they were goign hoem the day earlier.

    We were also delayed 5 hours going out, this was due to a problem with the windscreen in the cockpit then we had another delay due to a family of 6 including 4 children under 10 who were not sat together when checked in by law they needed to sat together as they had put 2 of the children on ther own, a crazy situation which should never had made the departure lounge, in the end the ground staff practiculary had to threaten "people to change seats and not travel with family or the plane would not be leaving" was the announcement made !!!

    I have sent email to Virgin and im now awaiting their reply.

    Am i right to believe i have 2 potential claims for the 600 Euros ?

    Anyone had any success getting compensation from Virgin ?
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