Compensation for delayed flights Discussion Area

chelseaman

Thanks David_e,
the 20 pounds they awarded me is clearly far short of the directive so I shall pursue the arline further.

David_e

chelseaman wrote: »

Thanks David_e,
the 20 pounds they awarded me is clearly far short of the directive so I shall pursue the arline further.

You should be OK as long as you didn't accept £20 in lieu of your true entitlement (as 111KAB said).

jimbowen_2

***Currently on Mail Online***

Virgin Atlantic pays £47,000 compensation to passengers who set up Facebook group to complain about 26-HOUR flight delay
Holidaymakers were delayed on flight VS16 in October 2012

galliebanana

I would like some help to understand whether or not we are entitled to compensation.We were scheduled to fly out on the 10/9/12 at 1650,due to arrive at 17.20.
We had checked in and no mention made of any problems. Got through to departures and after a while it came up on the board that flight was delayed, then cancelled (According to flightstats status changed to cancelled at 17.05).
We were issued with a £5 voucher for refreshments each, and put onto next available flight, which was the 18.10. This was delayed slightly meaning that we eventually arrived in our destination at 19.32.
So my question is, as our original flight was cancelled(rather than a delay) on the day of departure and we arrived in out destination 2hrs and 12 minutes after our original scheduled arrival are we due compensation?
Many thanks in advance!

warehouse

No you're not.

David_e

galliebanana wrote: »

we arrived in out destination 2hrs and 12 minutes after our original scheduled arrival are we due compensation?

FAQs:

"Compensation for delays is only due on flights arriving over three hours or more late"

Vauban

David_e wrote: »

FAQs:

"Compensation for delays is only due on flights arriving over three hours or more late"

This is incorrect.

When you are re-routed following a cancellation then article 5 of the Regulation makes clear a delay on arrival of more than 2 hours qualifies you for compensation. See article 1c)iii)

Article 5 Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the canceled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

David_e

Vauban wrote: »

This is incorrect.

I'm embarrassed. Remind me not to post at nearly 1 in the morning.

111KAB

galliebanana wrote: »

So my question is, as our original flight was cancelled(rather than a delay) on the day of departure and we arrived in out destination 2hrs and 12 minutes after our original scheduled arrival are we due compensation?

You must be sure your flight was cancelled and not delayed. Do not rely on Flightstats as information on there is not always correct AND any information on there has no jurisdiction in a UK court. Flightstats often say a flight is cancelled if the arrival of a delayed flight has not been recorded.

Vauban

111KAB wrote: »

You must be sure your flight was cancelled and not delayed. Do not rely on Flightstats as information on there is not always correct AND any information on there has no jurisdiction in a UK court. Flightstats often say a flight is cancelled if the arrival of a delayed flight has not been recorded.

From GB's separate post, it is clear that s/he was scheduled to take BE365, but in fact took BE367.

Ironically, had the second flight not also been 17 mins late, there would have been no entitlement to compensation (it would have been a sub-two hour delay).