Compensation for delayed flights Discussion Area

kathleen3737

Hi there,

I hope you don't mind a couple of questions, I'm concerned what I should do in case I miss a flight connection?

I have a through flight booked with Germanwings from Treviso, via Cologone, to Dublin. (Definately connecting, rather than single flights)

I only have 55mins from flight arrival in Cologne till Dublin departure. (I'll only have hand luggage and I won't have to go through security at Cologne -just check in at the Germanwings transit desk, so should original flight arrive on time, there shouldn't be a problem)

However, there is a national transit strike in Italy the day *before* I fly. My first flight is early morning and I'm concerned in case it is delayed, either by knock on delay due to the strike the day before, or by fog - which is can be common at Treviso at this time of year.

I'm not concerned regarding compensation in case of any delays, however, the Dublin flight(30 Oct) is the last flight to Dublin by any airline out of Cologne due to timetable/route changes!

Should my Treviso flight be delayed, and I miss the connecting Dublin flight, will GermanWings have to get me home to Dublin (bearing in mind there will no longer be any direct flights - Germanwings or anyone else) or will I have to make my own way home and then claim those costs from GermanWings?

I appreciate the advice

Many thanks

Leyther_2

This is my very first post so please bear with me as i know many of you out there are seasoned contributers to the forum. Basically i should like to know if myself and my partner have any grounds for claiming compensation under EU Regulation 261/2004 from Monarch in respect of our return flight from Sanford to Manchester, which was delayed by just over 24 hours from 10th September to 11th September 2010, causing my partner, in particular, problems with her scheduled return to work.
To be fair to Monarch, we were provided with hotel accommodation together with evening meal and breakfast, although it was very basic, and transportation to the hotel and back to Sanford Airport. In addition we were given vouchers for lunch at the airport on 11th September in the sum of $8 each, which covered half of the actual cost.
On arrival at Sanford Airport on Friday 10th September at check in, we were informed that the flight had been cancelled until the day after, and were given a letter from Monarch quoting "technical difficulties" as the reason for the cancellation. We subsequently discovered that the incoming aircraft from the UK to Sanford the previous day (Thursday) had been in a collision with a large bird during the landing procedure, causing damage to that aircraft, so that the passengers due to return to the UK on Thursday were similarly put in a hotel and returned on Friday by being given our aircraft which was due to take us back. This is potentially always a problem with charter flights which operate as a virtual shuttle service and often has this knock on effect.
My limited understanding of the EU Regulation 261/2004, is that we MIGHT be entitled to additional compensation of Euro 600 each, although i am not totally sure if i have misunderstood the article i read on MSE, nor do i know if there is a distinction drawn between scheduled and charter flights.
Anyway, i wrote to Monarch on our return and received a reply that my letter had been recorded on their database and a further response would be received by me within 28 days. I am now in receipt of their response, which states that in cases where there is a delay of over 5 hours we could choose to travel on the delayed leg, or choose not to travel and take a refund for the un-used leg. They also state that carriers are NOT required to pay compensation for delay under this regulation, nor are they liable to refund any additional costs incurred by passengers, and i quote:- "We will only pay compensation where we are legally liable to do so"
I am more than a bit confused now, so please can anyone help with this query. I never thought Monarch would simply pay up and apologise, but am i barking up the wrong tree or am i being fobbed off by Monarch in the hope that i will just give up? I can, according to my travel insurance policy, claim £30 each compensation for the flight delay but i was holding back on that to see what response i got from Monarch.
Any informed replies would be greatly appreciated.

richardw

Was your flight cancelled or delayed?

Leyther_2

Well i suppose its all about terminology really. We were informed on arrival at check in that the flight had been cancelled but an alternative flight was scheduled to take us back to the UK at approximately the same time the following day. Do i take this to mean that the original flight was delayed by 24 hours? Certainly all references to this disruption from Monarch in their letter to me refers to the lengthy DELAY.

richardw

Post deleted

Rocky_Shoremodel

We were booked on a Thomas Cook flight to Toronto via Canadian Affair and although the flight still went ahead we were bumped off it onto the following day. Are we entitled to the €600 compensation?

Rocky_Shoremodel

Yes the flight was from Gatwick. I will use your template to send the letter but do I claim from Canadian Affair as the charter company or Thomas Cook, as the operator of the plane?

Rocky_Shoremodel

Thanks again, and it reinforces some of the stuff you have posted previously about them saying anything they can to make you go away. I sent them an initial enquiry and they said I had to claim from Canadian Affair as any schedule changes are their responsibility but those regulations are pretty clear its Thomas Cook.

Wolfy_2

ok my flight was the VS011 from LHR to Boston which was due to take off on 1/4/2010 and took off over 15 hours later (after an overnight hotel stay near airport) with the new name VS111 (although probably the same plane). This was due to technical reasons which I was led to believe were something liek a faulty indicator light on a display. Would this likely be a cancellation rather than a delay and is it worth me putting in my small claim at the moment?

liamleon

Cityboy wrote: »

Using EC 261/2004 and the Sturgeon judgement, you would now be entitled to 600 euros per passenger for delays in reaching your final destination.


The Sturgeon precedent is currently being challenged by several UK airlines which has meant that cases are stayed by the UK courts. This means that although you may well have a valid claim, you will have to wait until that challenge has been ruled on before you can continue with your claim.

That said you could still put the airline on notice that you will be pursuing your claim should the legal challenge to Sturgeon be defeated.

Thanks for the info. I informed BA of this today and they offered me £75 each of my next flight. If I accepted this would I still be able to proceed with a case for the 600 euros?