Compensation for delayed flights Discussion Area

urban469

Is there a time limit for requesting compensation? I was delayed in 2003 (I still have the ticket)...is it worth writing a letter?

dzug

urban469 wrote: »

Is there a time limit for requesting compensation? I was delayed in 2003 (I still have the ticket)...is it worth writing a letter?

I don't know if there is a time limit - but the EU regulations that allow you to claim didn't come into force until 2005 so you are on a loser there.

adhoc

Hi, I hope someone can help with my dilemna. As well as several flight delays, we ended up losing one of our suitcases. Apologies in advance for the long-winded explanation below, but the fact is our journey was not straight forward....

We were supposed to fly out from Dhaka to Abu Dhabi on the 9am Etihad flight on 18/1/08. At 9am we were still in the departure lounge waiting for the plane to get clearance to land. (The plane should have arrived hours earlier but had been diverted to Calcutta due to fog.) At 10am we were offered breakfast, as it became clear that it would be a while before we got on our flight.

Fine up to this point, but hours went by while other flights were taking off yet no information/reason/explanation was offered by either airline or airport staff on when we could expect our plane to arrive, let alone take off for our flight....Eventually at about 2.30pm there was an announcement that the plane had arrived and to proceed to the departure gate.

The plane had in fact just landed and as we stood queuing we could clearly see that the plane was still re-fuelling, offloading/onloading luggage, etc. I myself had a very tired 3yr old as well as 2 other children (we had been up since 5am and at the airport since 6am), and there were many more families with small children and/or babies. After about 2 hours of standing like this, we were finally allowed on board and the flight took off. We hadn't received any meals at the airport since breakfast, and no food was served on the plane until 5pm!

At Dhaka airport we had frequently asked Etihad staff about our connecting flight in Abu Dhabi to Heathrow, as obviously we would be late for the scheduled one, and each time we were reassured that the connecting flight would be delayed in order for us to join it. (Originally we would have had an hour between flights in Abu Dhabi if we had arrived there on time.)
When we got to Abu Dhabi (7+ hours late) naturally there were no further flights for that day to London. There was absolute chaos, as there were passengers for several destinations as well as London. After two hours spent queueing we were informed that we would be flown to Bahrain in two hours time via Gulf Air, then after a further two hours in Bahrain, fly on to London.
No other alternative was offered, so we received new boarding passes for our new flights and new luggage receipts. We were reassured that all our checked-in luggage would be transferred to our new flights.

After finally arriving in Heathrow 13 hours late on 19/1/08, at 6.30am, we thought our nightmare was finally over. Instead we found that one of our larger suitcases was missing (containing gifts and most of the children's clothing). To complicate matters further, of the luggage that did turn up, one of the other suitcases had somebody else's luggage receipt on it??!! (Same airline/destination but different name/receipt no.)

We filled out the appropiate form for missing luggage at the airport giving details of the two unallocated luggage receipts (as one suitcase, although ours - and confirmed by our padlock and contents - had someone else's receipt on it).

As well our obvious grievance with Etihad for the lack of information throughout our journey of delays, we now have the additional worry/complications of ever finding our missing suitcase - was it mislaid in Dhaka or Abu Dhabi, did the right luggage label get attached during the changing of flights from Etihad to Gulf Air. Does this makes sense, as it was confusing enough to explain to the baggage people at Heathrow?!
Also we would have preferred to simply have been put in a hotel in Abu Dhabi until the next London flight as this would have provided a chance for rest for our sleep-deprived children.

I will be looking into making a formal complaint to Etihad (advice on wording and who to contact would be greatly appreciated!) - although the fog delay was unavoidable, the way pasengers were dealt with from then on was unprofessional and unnecessarily complicated.

But what I would esp. appreciate advice on is whether I am entitled to any form of compensation, and most importantly, the best approach to successfully locating my lost luggage.

Thanks.

mpjacko

hi dzug, you seem to be the person in the know.

As my flight was delayed, i wrote to SAS complaining. After a number of letters, they offered to refund my travel cost to the airport (i.e taxi). as i got fed up with writing, i sent in my recipts and they sent me a cheque for about 30 euros.

After reading this thread, i am thinking about taking up my complaint again. I would like to know that as i have already accepted some money for my taxi fare, am i still entiltled to compensation (if i fall into the conditions set by the EU).


many thanks

dzug

mpjacko - a delay to a flight does not give you the right to compensation, however long it is and regardless of fault.

A cancellation of a flight does give rise to compensation but the airline has a getout clause if the causes were beyond its reasonable control (sorry - forget exact wording).

Unless you have proof (and proper proof - not just someone at an airport telling you so), I wouldn't waste your time.

adhoc

Hi,

anyone kind enough to provide some advice/info to my post above?

TIA

dzug

adhoc wrote: »

Hi,

anyone kind enough to provide some advice/info to my post above?

TIA

Compensation - I can't see any entitlement to any. You were looked after (even if chaotically) during the delay. Not to say you might not get an ex gratia payment.

Luggage - I think they have 3 weeks to find your luggage before you can claim. If you filled in the form at the airport this should be enough evidence to set things going once that period is up - ring them then. I'd contact your insurance company as well.

If your name and address is on/in the luggage then the odds on getting it back are high - if not, then very much lower.

boinging_2

I have been looking at the EU legislation very closely over the last few weeks (personal experience with a cancellation). There are some very interesting articles and additional support you can use to support your case.

Firstly go to:

http://www.caa.co.uk/default.aspx?catid=306&pagetype=90&pageid=6547

to get the full FAQ from the UK airline industry regulator. Also has a link here to the full blown pdf of reg. 261/2004. Also keep an eye on:

http://ec.europa.eu/transport/air_portal/passenger_rights/information_en.htm

as this will have all the latest EU info on the regulation including any test cases and also has a very useful study undertaken for the EU which gives recommendations on the "extraordinary circumstances" of cancellations.

From reading some of the issues on here, it's obvious the airlines are currently getting out of paying this compensation, a few test case rulings would certainly put the cat amongst the pigeons!

boinging_2

dzug wrote: »

There is no obligation to provide phone calls (though many airlines do - one only though in my experience)Edit - no longer as sure of this as I was

.

Just to confirm, you absolutely are entitled to contact 2 people outside the airport (either via telephone, fax or email) for any delay over 2 hours.

dzug

boinging wrote: »

Just to confirm, you absolutely are entitled to contact 2 people outside the airport (either via telephone, fax or email) for any delay over 2 hours.

Yep - found the wording again:

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

But the regulations do not say what happens if you are NOT offered or indeed refused this - a grey area.

And OP was delayed on an Air Pacific flight from somewhere in the Pacific to LAX - that is neither on an EU airline nor on a flight originating/terminating in the EU. The EU have no jusidiction.