Compensation for delayed flights Discussion Area

bangormaine

A few weeks ago I received an email telling me my EU compensation claim had been put on the back burner pending the request to allow an appeal.
When I read that the case had gone against the airlines I rang BA customer service and was put in a queue to speak to an agent.
After 20 minutes my call was answered and the agent immediately re-activated my claim. The next day I received an admission of liability.
The next day a request for my bank details, with a confirmation of my amount to be paid. Later that same day confirmation that they had received my details and confirmation that I would have my compensation in 3 to 5 working days. I feel I must say a big thank you for sorting this out to quickly after the initial delay.

lyster101

Hello everyone

I’d welcome any thoughts on my situation. I’ve read through the literature here and on the CAA as well as a couple of specific claiming websites but am still a little confused.

This is the scenario. We were booked on a Saturday flight recently which the airline cancelled due to a strike by their cabin crew. We were informed about this eight days beforehand – the Friday of the week earlier. The destination city is within 1500km and within the EU. The airline offered a choice of flying at the same time on either a day earlier or a day later. The main purpose of the trip was an event that wouldn’t be within our power to move from the Sunday which we’d have missed if we’d travelled that day and so we chose the Friday flight. We had to take another day off work (“borrowing” a day from my 2015 holiday allowance) and incurred additional costs for food and accommodation on the Friday evening when we would’ve preferred to be at home.

Firstly, under care and assistance, are they likely to cover the Friday night hotel cost and a contribution to cover additional food? Secondly, under the EU compensation scheme, are we eligible for EUR 125 each?

Has anyone claimed any compensation or “care and assistance” because that had to travel earlier rather than later. The guidelines seem to emphasis losing time on holiday rather than having to incur unexpected costs to preserve the very reason for making the trip in the first place…. Have I done the airline a favour by going a day earlier and foregone any compensation?

JPears

You should still be entitled to 250Euro (not 1250 each as you flight was cancelled less than 14 days before flight. You were also rerouted more than 2 or 3 hours earlier so compo is due. I am not sure if the care and assistance is covered under reg 261/2004 if no delay. Others may know.

Caz3121

lyster101 wrote: »

We were booked on a Saturday flight recently which the airline cancelled due to a strike by their cabin crew. We were informed about this eight days beforehand – the Friday of the week earlier. The destination city is within 1500km and within the EU. The airline offered a choice of flying at the same time on either a day earlier or a day later.

you don't mention the route but if there were other airlines flying the route on the Saturday you should have been able to push for a transfer

gordiegem

Disemarked from a cruise in Venice on Sat 06/09/14 to read email sent late evening of Fri 05/09/14 stating that my 13.25 hrs Easyjet flight from Venice to Paris had been cancelled due to Italian air strike Industrial Action lasting 4-5 hrs. Email offered refund or transfer to another flight. Nothing on email about accommodation for stranded passengers etc. Spent 40 minutes trying to phone Easyjet from Venice without success at considerable cost to myself on my mobile phone. Was put on hold and still nothing after 40 minutes.
I had non refundable hotel accommodation booked for 2 nights in Paris for next stage of my holiday prior to a return flight home from Paris to Dublin with a different airline. When I went into Manage my booking section of Easyjet early on morning of Sat 06/09/14 immediately after reading cancellation email the transfer earliest available flight from Venice to Paris was on Tues 09/09/14 bearing in mind I needed to make flight home from Paris to Dublin on Mon 08/09/14 with a different airline. 72 hours is highly unacceptable for a replacement flight when the Italian air strike only lasted for 4-5 hours. Surely we should have been rerouted sooner. It was so stressful trying to contact Easyjet and making alternative travel arrangements.
So as to not lose return flights home from Paris to Dublin and to continue our holiday we purchased 2 rail tickets enduring a horrendous14 hour overnight train from Venice to Paris at cost of €270 for both of us. Train journey was awful. 6 people in a cabin crammed in like sardines. I got insect bites from journey. Lost 1 night's hotel accommodation in Paris too at cost of £95.


Easyjet refused to cover rail journey ticket and refunded cost of flights amounting to £95 and difference between flight and rail ticket. They refused to cover missed hotel stay in Paris.
It would have cost Easyjet a lot more had I waited on the earliest flight opportunity some 72 hours later.


For example, if a strike happens on a Saturday, this is would be categorised as extraordinary circumstances and I compensation would not be applicable but surely if there are still delays or cancellations on the Tuesday and the strike is over, compensation would be payable, even if the delays and cancellations are because of the strike 3 days prior?

Can I claim compensation and if so which template meets my requirements?

Caz3121

gordiegem wrote: »

For example, if a strike happens on a Saturday, this is would be categorised as extraordinary circumstances and I compensation would not be applicable but surely if there are still delays or cancellations on the Tuesday and the strike is over, compensation would be payable, even if the delays and cancellations are because of the strike 3 days prior?

Can I claim compensation and if so which template meets my requirements?

If someone were booked on a flight on the Monday or Tuesday that was cancelled and the strike had only been on the Saturday then they would be due compensation, but your flight was during the strike so no compensation due
I assume the Tuesday was the next available flight that had seats that they could get you on. All the airlines will have been trying to rebook the strike affected passengers so it is likely that all the flights were full till the Tuesday
I assume you looked at alternatives and ended up taking the train as you could not find alternate flights earlier yourself either.
If Easyjet refunded your flights and the difference between flight and train then you have no financial loss there
Your travel insurance should reimburse you for the missed hotel stay

JPears

Caz3121 wrote: »

If someone were booked on a flight on the Monday or Tuesday that was cancelled and the strike had only been on the Saturday then they would be due compensation, but your flight was during the strike so no compensation due
I assume the Tuesday was the next available flight that had seats that they could get you on. All the airlines will have been trying to rebook the strike affected passengers so it is likely that all the flights were full till the Tuesday
I assume you looked at alternatives and ended up taking the train as you could not find alternate flights earlier yourself either.
If Easyjet refunded your flights and the difference between flight and train then you have no financial loss there
Your travel insurance should reimburse you for the missed hotel stay

But there is also the second "hurdle" for Easyjet to jump and clear in the 261/2004 reg, in that they take all reasonable measures upto intolerable sacrifice to reduce your delay. I would say that 72 hours is not acceptable.
See what a NWNF firm say.

joanfred

Can I Claim from American Airlines flight from Heathrow to Las Vegas
diverted to another airport due to techinacal problems arrived 24hours late. I am confused as AA is not a EU airline and the fault happened in the air.

legal_magpie

Joan, yes you can. Crazy as it may seem you can claim on an non-EU airline on flights leaving the UK to (say) the USA but not for flights going the other way. Of course it will depend on the precise nature of the defect.
Read the FAQs on the front page of this forum and, best of all, Vauban's guide which is here


https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0

apatel1704

Hi,

I was scheduled on a flight which was due to depart at 13:30. I got an email from the airline the night before saying flight had been delayed by 7 hours and was now due to depart at 20:30. At this point I am annoyed but its ok as they have informed me.

Accordingly, I change my waking up time to later in the morning. When I wake up (around 11am), I check my phone to see I have an emaill from airline which was sent whilst I was asleep saying flight was back to schedule at 13:30.

There was no way I would make it to the airport on time. I have since got to the airport at 13:15 (not expecting to make it). The airline has booked me onto the same flight for the next day.

Have I got a reasonable claim for compensation and if so what process should I use. I have all emails from the airline which shows the flight time changes etc.

Would appreciate any help.