Compensation for delayed flights Discussion Area

Caz3121

Kelly9310 wrote: »

On the MSE website in the Flight delays section, where it states how long you were delayed by etc, it says you are entitled to a full refund if it meets certain criteria which ours did...

American Airlines are not an EU airline and you were not departing from the EU so EU regulations will not apply unless this was possibly the second leg of your outbound flight on a single ticket

When a flight is cancelled, however long before it was due to take off, you have a right to...

• EITHER a refund for the flight that was cancelled.
• OR an alternative flight (airlines call this re-routing) to your destination.

so as you got an alternative flight refund would not apply even if AA were an EU airline

Kelly9310

Oooooh that's depressing yeah we took the next flight which was available more than 6 hours later. Ok well I'm going to email them back and complain again as I don't think €300 is enough and also we only received the voucher last week and it's date of issue is 05/01/13 so we've already lost 4 months of being able to use it before it expires in Jan! Thankyou for your help and advice

Kelly9310

Hi Caz, we departed from London Heathrow and our flight was to New Orleans, with a connecting flight in Miami. It was the connecting flight that got cancelled and then we took the only other flight that day which was over 6 hours later

maghater

HeliS wrote: »

Hello, I have contacted Emirates after my flight was delayed for over 24hours as a crane accidentally hit the rear port stabiliser which caused a considerable delay to the departure of this flight.

They replied:
These circumstances were completely unforeseen and this situation occurred even though all reasonable measures had been taken. These circumstances were not routine and are considered to be extraordinary. Therefore, I am unable to meet your request for EU compensation which does not apply on this occasion.

Is there anything I can do? I do recall Martin Lewis said that they can't hide behind that

Would appreciate some advise.

Thanks

24 hours is a hefty delay. Ecs can apply to a particular aircraft on a particular day. Look at Sturgeon para 43.Also look At para 68.. Under Article 13, the air carrier has the right to seek redress. Para 68 says reg 261/2004 is without prejudice to air carriers rights to seek compensation from any person who caused the delay, including third parties.

Bobmarlin

We are sat in a hotel at Miami waiting to be taken back to MIA airport for our flight to MAN via LIS which should have taken off 19 hours ago. As business class customers we were kept in the lounge at MIA for 6 hours then everyone was told that because of a technical problem with the aircraft (an Airbus) which necessitated parts being flow out from Europe all passenger were being taken to a hotel for the night. Reasonable treatment in the circumstances and a reasonable hotel.
It now seems that the flight may take off about 24 hours late which should mean we arrive at MAN with the same delay IF we can get on the once a day flight to there. Given the delay (not really a cancellation as we have been told that the same aircraft is being used) and the distance we should be entitled to the full compensation which is still much less than the fare we paid. The delay has also cost us and many others time and money to rearrange pickups, appointments etc. so I feel entirely justified in making a claim.
Has anyone experience of claiming against TAP Portugal and how did you get on? I presume they will try to use the EC defence and in anticipation I intend to quote the case law relevant to mechanical failure in my initial claim to them.

maghater

Bobmarlin wrote: »

We are sat in a hotel at Miami waiting to be taken back to MIA airport for our flight to MAN via LIS which should have taken off 19 hours ago. As business class customers we were kept in the lounge at MIA for 6 hours then everyone was told that because of a technical problem with the aircraft (an Airbus) which necessitated parts being flow out from Europe all passenger were being taken to a hotel for the night. Reasonable treatment in the circumstances and a reasonable hotel.
It now seems that the flight may take off about 24 hours late which should mean we arrive at MAN with the same delay IF we can get on the once a day flight to there. Given the delay (not really a cancellation as we have been told that the same aircraft is being used) and the distance we should be entitled to the full compensation which is still much less than the fare we paid. The delay has also cost us and many others time and money to rearrange pickups, appointments etc. so I feel entirely justified in making a claim.
Has anyone experience of claiming against TAP Portugal and how did you get on? I presume they will try to use the EC defence and in anticipation I intend to quote the case law relevant to mechanical failure in my initial claim to them.

Usually find that national carriers are quite reasonable to deal with, so you shouldn't have a problem, all nicely covered by Wallentin

Bobmarlin

I hope you are right maghater because the part didn't fit so flight delayed again and we have taken offer to fly back by BA but they wouldn't honour TAPs Business ticket - said was equal to their Economy - so we have paid $325 each for upgrade to World Trav Plus and will add that to the claim. Utter shambles at MIA. No management communication at all until I told the assembled throng that they could claim EU compensation. That miraculously got someone who tried to take control of what had become a lost cause for TAP. Our first and definitely last trip with them.

maghater

Bobmarlin wrote: »

I hope you are right maghater because the part didn't fit so flight delayed again and we have taken offer to fly back by BA but they wouldn't honour TAPs Business ticket - said was equal to their Economy - so we have paid $325 each for upgrade to World Trav Plus and will add that to the claim. Utter shambles at MIA. No management communication at all until I told the assembled throng that they could claim EU compensation. That miraculously got someone who tried to take control of what had become a lost cause for TAP. Our first and definitely last trip with them.

I think that if the air carrier puts you in a lower cabin class than what you paid for, in addition to your statutory compensation, you are also entitled to a hefty percentage refund on your original ticket. 75% rings a bell. Just a hunch but worth checking out

Caz3121

It sounds like TAP did not endorse the ticket correctly for BA

they can endorse it over whereby BA will claim the full fare from them (which would have put you in business class at no cost to you and BA would bill TAP for the one way business class fare)

Alternatively they can endorse it over at face value whereby your ticket is worth £x that you paid towards the BA flight which seems to have happened

Did you query this with TAP when you were being asked for extra money to fly in a lower cabin?

silversurfer1952

Over the moon!
Thanks MSE. BA just agreed to give the 3 of us 1800 euros for a 24hr delay to Australia due to a hydraulic failure. We were put up in the Hilton at T5 Heathrow so it was quite a comfortable wait!
It's more than paid for the month's 4x4 hire in Oz!