Compensation for delayed flights Discussion Area

Mattonlaptop

Hi all,

I was due to travel for work from the UK to Kazakhstan back in 2009 with British Midland.

Our flight was delayed for 13 hours from 10am until 11pm when they finally cancelled it.

Am I still able to claim compensation despite not paying for the ticket? Although there was a loss of earnings as I was freelance but company paid for the ticket.

I do not have the boarding pass still, but read here somewhere you can contact the airline to try and supply you with the information that you did actually check in.

Any advice please?

Thanks,
Matt

JPears

Mattonlaptop wrote: »

Hi all,

I was due to travel for work from the UK to Kazakhstan back in 2009 with British Midland.

Our flight was delayed for 13 hours from 10am until 11pm when they finally cancelled it.

Am I still able to claim compensation despite not paying for the ticket? Although there was a loss of earnings as I was freelance but company paid for the ticket.

I do not have the boarding pass still, but read here somewhere you can contact the airline to try and supply you with the information that you did actually check in.

Any advice please?

Thanks,
Matt

In a word yes. Not sure who took over British Midland though?

David_e

Mattonlaptop wrote: »

Am I still able to claim compensation despite not paying for the ticket? Although there was a loss of earnings as I was freelance but company paid for the ticket.

As long as the ticket was paid for by someone, a claim can be made by the passenger, ie, you.

Have a look through this and the relevant links:

Flight Delay Compensation Important Info - Please check before posting

David_e

JPears wrote: »

In a word yes. Not sure who took over British Midland though?

Wikipedia says:

BMI was acquired from Lufthansa by International Airlines Group (IAG) on 20 April 2012, and was integrated into British Airways (BA) by 27 October 2012

Mattonlaptop

David_e wrote: »

As long as the ticket was paid for by someone, a claim can be made by the passenger, ie, you.

Have a look through this and the relevant links:

Flight Delay Compensation Important Info - Please check before posting

Thank you for your help, I have had a look through the FAQ's, is there a template in requesting the info from the airline that you actually had the boarding pass, I no longer have that or the ticket.

Olim

parrotbait wrote: »

I'm looking for some advice about our cancelled flight and will try to keep this short...

My fiancee and I were due to travel on Aer Lingus flight EI905 on Sept 20th 2010 from Malaga to Gatwick. The flight was due to leave at 3.30pm local time and was cancelled at approx 8pm that night. We were put on a chararted flight the next day which left at approx 11am.

I wrote to Aer Lingus asking for the compensation entitled to us by (EC)261/2004. They responded approx 3 months later saying the flight was cancelled due to a technical problem and that "we are of the view that this cancellation was the result of extraordinary circumstances and no compensation is due".

I responded quoting the Wallentin case, that airlines shouldn't refuse to pay compensation because of technical problems and that we would require proof that the problem stemmed from en event beyond the control of Aer Lingus.

They replied with the following:
"The effect of the Wallentin judgement to which you refer, is that technical problems which come to light during maintenance of aircraft or on account of failure to carry out such maintenance do not constitute, in themselves, 'extraordinary circumstances'. However the Court did not rule out (and expressly stated) that technical problems are covered by 'exceptional circumstances' to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and beyond its actual control." They also said "I cannot accede to your request for a cop of the technical report as these documents contain technically and commercially sensitive information and are not for public use".

Are they correct in saying that we don't have a claim? Or just trying to put us off?

Any advice would be gratefully received.

Thanks.

I have a similar situation of a 7 hour delay from Malaga in 2011, with letters from Aer Lingus citing "unscheduled aircraft maintenance as a result of technical difficulties - as this is considered extraordinary circumstances."

before I fire off the letter asking for proof and quoting the Wallentin judgement, does anyone have any advice ? How can I tell that this was not due to a routine non maintenance of their aircraft ? i.e. how do I trust them ?

any advice gratefully received.

wizarduk

I was flying back from larnaca in September 2012 we had a 30hr delay, I am in the process of taking Thomas Cook to court as they say it was extraordinary circumstances, it was a fault with the engine which I believe to be a technical fault, all airlines try to hide behind extraordinary circumstances, im in court on the 3rd December will keep everyone posted.


Their reasons for delay as follows;
GCRPH Aircraft aborted take-off from LCA due #1 engine slow to spool, compressor vane message.
GCRPH rejected Take-off at LCA due to engine acceleration problem and compressor vane message.
Engineers and parts sent from UK.
boroscope inspection carried out and engine fuel pump and HMU replaced.
Two main wheels also had to be replaced having deflated due to break heat.
No previous No1 engine power fault in history.


Any of you boffins out there understand their reasons and would this be classed as a technical delay or extraordinary circumstances, any info would be welcomed.

111KAB

wizarduk wrote: »

Any of you boffins out there understand their reasons and would this be classed as a technical delay or extraordinary circumstances, any info would be welcomed.

Not a boffin but not an extraordinary circumstance as it was a technical problem. You may have to wait for Huzar result before court hearing.

David_e

Mattonlaptop wrote: »

Thank you for your help, I have had a look through the FAQ's, is there a template in requesting the info from the airline that you actually had the boarding pass, I no longer have that or the ticket.

No template but Para 5.2 of Vauban's complete guide to everything refers:

https://forums.moneysavingexpert.com/discussion/5042802

Mattonlaptop

David_e wrote: »

No template but Para 5.2 of Vauban's complete guide to everything refers:

https://forums.moneysavingexpert.com/discussion/5042802

That's good thanks David, I have contacted BA and asked them where I go with this as it was a BMI flight. If necessary I can contact the travel agency, and also, although it isn't exact proof I do have an unused Kazakhstan Visa in my passport which is valid only for 1 week (starting on the day that I was due to arrive and when the flight was cancelled). We did not travel at all in the end, as it was only a 3 day trip, so it was not worth it, and actually we would have missed the purpose we were going for.

The flight was delayed for 9 hours, then eventually cancelled completely, is that 2 claims or just 1?