Compensation for delayed flights Discussion Area

somerset_fox

Can't skim read 300+ pages but am interested in the possibility of claiming back on a delayed flight. Last May, patrner and I were delayed in Miami for 23 hours, 50 mins due to a 'technical fault' on a BA flight. Were put up in a local hotel and provided with evening meal, but little or no information as to what to do or where to go. Claimed on insurance for delay and got a paultry amount back. Wrote an e-mail to BA who replied with a e-voucher for £300 (2 x £150 for partner and I). Great, but that means we have to fly BA again and not from an airport local to us, and within 12 months. This has now lapsed. Am i still eligible to make a claim, depite the 'e-voucher' and insurnce claim back?

111KAB

somerset_fox wrote: »

Can't skim read 300+ pages but am interested in the possibility of claiming back on a delayed flight. Last May, patrner and I were delayed in Miami for 23 hours, 50 mins due to a 'technical fault' on a BA flight. Were put up in a local hotel and provided with evening meal, but little or no information as to what to do or where to go. Claimed on insurance for delay and got a paultry amount back. Wrote an e-mail to BA who replied with a e-voucher for £300 (2 x £150 for partner and I). Great, but that means we have to fly BA again and not from an airport local to us, and within 12 months. This has now lapsed. Am i still eligible to make a claim, depite the 'e-voucher' and insurnce claim back?

Yes - go onto BA page and read the FAQ's there.

maghater

Bigmacandfries wrote: »

What constitutes extraordinary circumstances in a flight delay?We were delayed 374 minutes outbound with Etihad from Manchester to Manila via Abu Dabi!Due to the delay we missed our connecting flight in Abu Dabi and were put in a hotel till our rebooked flight early in the morning.
"delay on flight EY022, from Manchester to Abu Dhabi on 08 February 2013, was due to the late arrival of the inbound aircraft as a result of disruption within the aircraft fleet."
"Technical problems requiring an aircraft to be taken out of operation, and the resulting availability of a replacement aircraft are considered to constitute extraordinary circumstances under Article 5(3) of the Regulation No 261/2004"
Does this explanation justify there refusal to pay compensation or is this just a cop out?

Knock on effects shouldn't count as ecs and technical issues usually don't. REad the Wallentin judgement, which you will find at the start of the Thomas Crook thread, and then start chasing them

LittleRia

Hurrah! After a protracted 2 week email battle with Air France asking for compensation for our 9hr delayed flight back from Reunion to Orly and resulting missed connection, they have agreed to pay us 1200€ in compensation!

Feeling very chuffed right now...as this will cover all of our additional costs incurred <and even leave a small bit over>.

They originally claimed Technical Issues as EC's...this was the email that clinched the deal...



Thank you for your email in relation to our recent claim for compensation.

We are, understandably, disappointed with your initial response to this matter. Aircraft are, by their nature, liable to mechanical or system failure at some point.This is something that a long haul carrier should expect to occur in the course of their operations and make reasonable provision for. By your own admission, Air France 'operate our fleet of aircraft to the maximum potential', suggesting that there is little slack in the system to allow for this kind of eventuality. With this in mind, we do not believe that a technical issue represents extraordinary circumstances and understand that there is case law to support this view.

I would also challenge your statement that 'all reasonable measures were taken in order to minimise the impact of this delay, including contacting passenger in advance when and where possible, providing all care and assistance due and arranging alternative flights.' We were notified of the delay at around 3am local time. Between this time and our eventual departure, a number of other flights left Reunion for Paris, one of which was an Air France. At no point did Air France offer to try and fit us on this alternative flight (which I can therefore only assume was full) or offer us a refund of our ticket to allow us to arrange travel with another carrier. Our attempts to contact Air France were in vain, largely due to the time difference between the two countries.

Whilst we note that you have offered us 8000 airmiles, these are unable to compensate us for the additional costs incurred as a direct result of the delay to this flight. We also have absolutely no inclination to ever fly with Air France again after such a significant delay and the arguably minimal communication we had from your ground staff in relation to this. This entire situation has left us with tainted memories of our honeymoon - intended to be the trip of a lifetime but now memorable for the wrong reasons.

I would therefore ask you to consider your obligations under regulation 261 and honour our request for compensation. Should you choose to reject this, we will be contacting the CAA in relation to this case.

Thank you.

Vauban

LittleRia wrote: »

Hurrah! After a protracted 2 week email battle with Air France asking for compensation for our 9hr delayed flight back from Reunion to Orly and resulting missed connection, they have agreed to pay us 1200€ in compensation!

I am not sure that an exchange of emails over the period of a fortnight can be described as either "protracted" or a "battle", but congratulations nevertheless. Great result.

LittleRia

True, given some of the experiences others have had we got off lightly by comparison!

I think it feels like more as we came up against a brick wall with our insurers, turns out when we switched companies last year we lost the ability to claim for missed departure on the return flight which left us about £700 out of pocket having to get back from France on a Sunday night which also happened to be the end of the Easter Holidays.

Hopefully now there are more cases going to court, it will reinforce the legal position and stop airlines trying to wriggle their way out of it. Frankly, I'd have just been happy to get our costs back but a little extra to make up for losing a day of our time is a bonus.

carlosthejackal

Might be a stupid question but if you have booked the tickets via a site such as expedia or ebookers and want a refund as the flight was delayed for many hours, do you apply for a refund to the airline or expedia??

Thanks!

111KAB

carlosthejackal wrote: »

Might be a stupid question but if you have booked the tickets via a site such as expedia or ebookers and want a refund as the flight was delayed for many hours, do you apply for a refund to the airline or expedia??

Thanks!

Not a refund but compensation and direct from the airline subject to meeting necessary delay criteria.

carlosthejackal

111KAB wrote: »

Not a refund but compensation and direct from the airline subject to meeting necessary delay criteria.

Sorry for not being clearer, it was the last part of my journey back from miami>london>newcastle and was delayed for hours then cancelled due to some bad snow. I believe I can only claim for a refund, which I did not receive at the time, as snow was not the fault of the airline.

I will apply to the airline, thanks.

snow--chick

Hi,

My boyfriend booked flights for himself and I and we were delayed so we are going to claim compensation. As we were booked under the same booking reference do we make 1 claim for both of us or do we have to do it separately? Also does he have to make the claim as he paid for them or can I?

Thanks in advance!!

z