Compensation for delayed flights Discussion Area

Rosmerta

Not sure if this is covered under this thread.
Our recent flight home from Dalaman (Turkey) was delayed by about an hour - not long, except it was 3:30am!) the major hold up was at Gatwick airport, where the bags did not get unloaded for nearly 2 hours, due to 'staffing issues'! So in stead of leaving Gatwick at about 5am, it was nearly 7:30am - but there's probably nothing we can do compensation-wise? Its not fun taking home two very tired children , nor driving home after a missed nights sleep!

johnbaxendale

Sorry if this has been dealt with in the thread already, but if it has I havn't been able to find it. I'm claiming compensation from Thomsons for a ten-hour flight delay. My question is about Article 9 of 261/2004 concerning 'Right to care'. This says that 'where a stay of one or more nights becomes necessary' hotel accommodation must be provided. The flight deposited us at Gatwick at 2 am, with no means of getting home, so we had no alternative but to book into a hotel. No accommodation was offered by the airline. Can anyone see any reason why I wouldn't be entitled to claim the cost of the hotel under Article 9?

111KAB

Rosmerta wrote: »

Not sure if this is covered under this thread.
Our recent flight home from Dalaman (Turkey) was delayed by about an hour - not long, except it was 3:30am!) the major hold up was at Gatwick airport, where the bags did not get unloaded for nearly 2 hours, due to 'staffing issues'! So in stead of leaving Gatwick at about 5am, it was nearly 7:30am - but there's probably nothing we can do compensation-wise? Its not fun taking home two very tired children , nor driving home after a missed nights sleep!

Nothing you can do but worth putting a sensible word to the airline - you may end up with some vouchers.

blondmark

Centipede100 wrote: »

If it was the flight from Miami to New Orleans that was cancelled then EU Reg wouldn't apply to that particular flight.

These are certainly complex issues, and I wonder whether the case of Folkerts HERE covers it. Essentially it says that it is not relevant whether or not the delay at the original point of departure was 3 hours, what really matters is that the arrival at the final destination is at least three hours later than the scheduled arrival time (when referring to a directly connecting flight).

So although in Folkerts the delay was EU side, the issue appears to be that where there is a directly connecting flight, e.g. from Heathrow to Miami and then on to New Orleans, then the relevant analysis is not whether the last leg of the journey originated in the EU, but whether the last leg of a directly connecting flight, whose entire journey originated in the EU, was three hours or more late. If this is the correct analysis, then would not this passenger's claim succeed?

johnbaxendale

Centipede100 wrote: »

Correct me if I am wrong but you landed at Gatwick at 2am and want the airline to fund a hotel there due to your inability to travel home at that time.

Art 9 refers to accommodation being provided whilst awaiting your delayed flight, not after you have taken the flight, sorry!

Article 9: Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;

It doesn't say that the 'necessary' stay has to be at the departure airport. Our stay was certainly necessary, and was caused by the delayed departure.

JPears

He's got a point

johnbaxendale

Centipede100 wrote: »

You need to read Art 9 in conjunction with Art 6.

Article 6

Delay

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

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

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

In the bits I have bolded, there is no reference whatsoever to providing accommodation after you have arrived at your destination so you are reading something into the Reg that simply doesn't exist.

Thanks for this, you're quite right, Article 9 is to be read in the context of Article 6, and therefore only applies to the departure airport. But no, I wasn't 'reading something into the Reg that simply doesn't exist', rather the opposite in fact - I was failing to read something that did exist, only in a different Article. Thanks again for your help; I shall proceed with my compensation claim without the hotel bill.

Caz3121

you could maybe try your travel insurance for the hotel costs

stubby33

Was anyone on the cancelled Emirates flight out of Glasgow on 30th March and if so, did you manage to get compensation? We've been refused it due to 'circumstances were completely unforeseen and this situation occurred even though all reasonable meaures had been taken'. We lost a full day of our holiday in Mauritius and we are not entitled to one euro compensation. How can this be right?:mad:

Caz3121

stubby33 wrote: »

We've been refused it due to 'circumstances were completely unforeseen and this situation occurred even though all reasonable meaures had been taken'.

What was the reason for the delay, have you read the FAQs on exceptional circumstances?