Compensation for delayed flights Discussion Area

legal_magpie

What the grumpy one means is that there is a 6 year time limit to commence proceedings in England (5 years in Scotland) so unless you can persuade the airline to make an ex gratia payment out of the goodness of their heart, you aren't going to get anywhere.

aloysius88

How do you find out the flight times? I used to work for an airline and there can be a huge difference between runway time, chocs and door opening. The latest ruling used door opening time and we are currently in dispute with Virgin over a flight that they claim is 4 mins short of three hours, but we are certain was longer. How can we find out actual times? Or do we just keep going and quote the recent legal precedent?

NoviceAngel

Have you read Vaubans guide?

richardw

aloysius88 wrote: »

.....The latest ruling used door opening time and we are currently in dispute with Virgin over a flight that they claim is 4 mins short of three hours, but we are certain was longer......

Which ruling are you referring to?

How many mins over 3 hours are you claiming?

batman44

richardw wrote: »

Which ruling are you referring to?

How many mins over 3 hours are you claiming?

I think it is the delay time rule, It's when the door opens at the stand the delay time finishes. There was a dispute as to when it finished so some clarity on that now. It is on the Bott&Co website or any other flight delay claim company. Flight stats may give the timings.

richardw

Thanks, here's the link http://www.bottonline.co.uk/flight-compensation-latest-news/new-flight-delay-compensation-ruling-changes-definition-of-arrival-time

JPears

I believe flightstats gives take off/touch down times. If you look at the same flights on flight aware the depature is often earlier arival later times than flightstats so presume these maybe gate departure/ arrival times.

gemando

We were delayed by 5 hours coming back from France last weekend. The plane couldn't land due to low cloud and was redirected to another airport, meaning we had to also go over to the other airport. I think we were there and waiting about an hour and a half later but it then took a further 3 and a half hours for them to get us onto the plane. There were 3 planes in the same situation all waiting in the departures area before security because they wouldn't let anyone through and noone had any information about how long it would be. The screens said proceed to gate but the security staff said they couldn't let us through. They eventually did but all 3 planes went through at once, rather than one at a time or gradually over the preceeding couple of hours, resulting in at least an extra hour of waiting for passengers who were at the back of the security queue.

I know I can't claim for the delay due to the weather but what about the delays at the second airport due to disorganisation and that noone knew what was happening? We got a free hot or soft drink on the plane but that was it. The cabin crew were great though, no complaints there.Although because it was now a late evening flight rather than afternoon they weren't allowed to have much food on board and everyone wanted food having not being able to get anything in the airport as we didn't know what was happening and there wasn't much there.

kaycee944

In September 2014, my US Airways flight from Edinburgh to Philadelphia was cancelled. We had boarded the aircraft, sat on the apron for two hours then were advised that a hydraulic hose was found to be leaking. We were then disembarked and told that the flight was cancelled and asked to return the following day.


I have written to US Airways seeking compensation. They have stated that compensation is not due but offered e-vouchers to the value of $600 each (for myself and my wife), However these have to be used on a US Airways (or code share partners flight) by Oct 2015.


They have further advised:-


"We understand your viewpoint regarding EU Regulation 261/2004. However, under the regulation, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. Our records indicate this was an unexpected situation and that the aircraft had undergone all required maintenance and we took all measures appropriate to the situation that were technically and economically viable at the time and as such no compensation is due under the regulation."


Is their statement correct, or are they stalling?


I am thinking about returning to the US this year, and could use the e-vouchers but would prefer to use any compensation payment due to purchase a ticket from an other airline.


PS In response to Rockabillyjohn's message above, I have been corresponding with USAirways thro their website ([EMAIL="customer.relations@usairways.com"]customer.relations@usairways.com[/EMAIL]) and their office in Pheonix (4000 East Sky Harbour Blvd.). I did get a £57.70 cheque (for taxi fairs/meals etc) from a US Airways office based at Manchester Airport, England.

batman44

kaycee944 wrote: »

In September 2014, my US Airways flight from Edinburgh to Philadelphia was cancelled. We had boarded the aircraft, sat on the apron for two hours then were advised that a hydraulic hose was found to be leaking. We were then disembarked and told that the flight was cancelled and asked to return the following day.


I have written to US Airways seeking compensation. They have stated that compensation is not due but offered e-vouchers to the value of $600 each (for myself and my wife), However these have to be used on a US Airways (or code share partners flight) by Oct 2015.


They have further advised:-


"We understand your viewpoint regarding EU Regulation 261/2004. However, under the regulation, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. Our records indicate this was an unexpected situation and that the aircraft had undergone all required maintenance and we took all measures appropriate to the situation that were technically and economically viable at the time and as such no compensation is due under the regulation."


Is their statement correct, or are they stalling?


I am thinking about returning to the US this year, and could use the e-vouchers but would prefer to use any compensation payment due to purchase a ticket from an other airline.


PS In response to Rockabillyjohn's message above, I have been corresponding with USAirways thro their website ([EMAIL="customer.relations@usairways.com"]customer.relations@usairways.com[/EMAIL]) and their office in Pheonix (4000 East Sky Harbour Blvd.). I did get a £57.70 cheque (for taxi fairs/meals etc) from a US Airways office based at Manchester Airport, England.

Although they have the excuse wrong you still would not be able to claim as the regs only apply to EU registered airlines or an EU airline leaving an third party country into the EU.