Compensation for delayed flights Discussion Area

luci

You should find a better explanation here:

http://www.moneysavingexpert.com/travel/flight-delays

Westin

To Dave's question, it will also depend on the airline you were flying with. Whilst all EU registered airlines and all those operating OUT of EU have to follow the directive, that's not the case for a flight coming to the Uk from Africa.

If you flew with British Airways, Virgin Atlantic, Lufthansa etc you would have a right to a "care" arrangement for accommodation, meals. If you flew with Kenya Airways or another non-EU carrier, they don;t have to provide anything.

claymore1961

Ok Chaps,
I have just found this thread but I'll try and bring matters up to date quickly. I see other writers on the thread who were on a similar flights with similar issues so this might help (Or not!!!)

Very briefly

Flight outwards - 3rd September
delayed 4 hours - no food supplied etc - No info
Paid for "premium " seats - very poor, dirty, cheap ear plugs instead of quoted "superior" headsets etc etc

Holiday brilliant ( but this is always the case for Disney Hotels)

Flight back - 17th / 18th September
Delayed 24 hours
Little or no informations as there was no rep available at the airport.
Shipped off to Holiday Inn at Alta Monte about 30-40 mins away
(Hotel management were fabulous)
Again poor info
No phone calls provided - despite being requested
A whole lot of strife as no luggage returned to us for the overnight - This was also refused as they were locked in "federal lockup"??
We were told by the rep who was downright incompetent, to go to walmart and buy stuff then claim it back. Most people did, but some people did not have any money or cards so could not. The rep said (and I quote) - "These kind of people should not travel on a charters then, you have to prepare for such emergencies."

We're talking about people with babues who only had a couple of nappies to last a flight!!!!

Anyway back to the story
We eventually got back to the airport and took off - 24 hours delayed.
Paid for "premium " seats again - very poor, dirty, cheap ear plugs instead of good ones etc, meals were poor , seats were broken ( a whole catalogue of stuff)
Got into Manchester around 5.30am to discover that no baggage arrangements in place so were delayed for another two hours ( alongside other Monarch Flights from Europe etc)

Theres obviously a lot more detail and events, but the initial letter I wrote filled four pages - and I want to get to a point.

We claimed our insurance for £100 for the 24 hour delay - (no issues there - this was done over the phone with the HSBC Advanced Account team)

I wrote to Monarch. I said that I was not claiming anything for the delay - I just wanted the $40 I spent for toiletries and fresh tee shirts etc. I also wanted a refund of my Premium seats surcharge, as they did not provide the service they said they would.(under the package tour regs 1992)

2 weeks later I got a reply - As you would expect it apologised, but the stock answer was no refund for delay. The letter didn't mention the fact of the premium seats refund requested - I wasn't claiming money for the delay.

Anyway - as required by ABTA guidance, I wrote back saying that this was their opportunity to right a wrong, and my next correspondance would be to ABTA.

No response!

I went through the whole "hoop jumping" excercise of ABTA and got a letter from them saying they have written to Cosmos/Monarch and to contact them if I dont receive a response within 2 weeks

Two weeks later - still no response so I phoned ABTA today.... and here's where it gets even more ludicrous.....

ABTA will now give Monarch yet another chance to respond directly to them (another 14 days). If Monarch dont respond they will pass the matter to their "code of conduct team" who will investigate further.
It was at that point I asked the girl what would happen if Monarch just didn't repond, as they seemed to be quite arrogant in their approach to customer "service".
She said that ABTA would then give me advice on how to take them through the small claims court!

WHAAAAAAAAAAT!!!!!!

You mean you dont compensate me via some insurance service?
You dont sanction them or give them a fine or anything else?
You dont even slap their wrist or send a "stern letter" telling them to buck up ..... or else??
No

So in fact - Are ABTA just a toothless information agency to make passengers feel as if they have someone to go to - but really they can do nothing against their member companies? - IMHO yes.

They do provide important emergency "get you home" services and it must be emphasised they are very diligent in that realm, however, who looks after the relatively small service issues etc.

I did say to the girl, my feelings were that Monarch depended on the fact that if they just refused to respond, most people would just give up, as it is too much fuss to take matters to court for such levels of money. - The answer was no reply.

Anyhoo thats where we're at!
I thought I was being reasonable as I was only claiming for money spent due to delays and under instructions of the company rep, and for services promised but not delivered - a total of £345.00.
I provided evidence in receipts and photo's but I dont think anyone even read my letter.

I told the girl that I would be as well giving the whole lot to BBC Watchdog or something like that, and she said "so do you still want me to write to Monarch then?" emmmm yes!! :mad:

Very disappointed with the whole ABTA experience as I thought they were the Guardians of Holiday Travellers - but it seems as if we dont fall into this category
If Monarch refuse to respond, at best, we'll eventually get advice on how to take it to the small claims court.
I'll keep you posted - maybe it will turn out OK - you never know.

Spleen now vented!!

J

Dave_Frohock

Many thanks Luci for the link, I have checked that out and does help.
Westin, I was in fact travelling back with Kenya Airways and initially did not wish to mention the airline, but iI am now getting increasingly frustrated with their service to be honest.
I was on their Customer Relations number holding for over 30 mins listening to a 'computer generated voice' suggesting I would be answered shortly, but if I was to leave my number, they would call me back.
That was yesterday morning and nothing heard as yet.
I aslo dropped in an e-mail via their webpage, receievd acknowledgement of enquiry, I then repied asking who/hen would Customer Relations call me back, and that was teh last I heard. again that was yesterday lunchtme.
Like to think it is becasue of teh holiday period and the barrage of enquiries....

Many thanks all, will keep you posted!
Happy New Year!

Westin

I was in fact travelling back with Kenya Airways

I'm afraid in that case and as the flight was from NBO they are not bound by the EU Regulations and don't have to provide a hotel (or indeed any welfare unless otherwise stated on their website).

Dave_Frohock

I now fear that is the case, so I will have to make sure in future that I insure for such events... That too is proving difficult to do. Appears insurance companies do not cover for accomodation either...
Many thanks again

Westin

Or fly with BA or Virgin. Might be a little more expensive but when things go wrong you tend to get looked after better.

luci

Westin wrote: »

I'm afraid in that case and as the flight was from NBO they are not bound by the EU Regulations and don't have to provide a hotel (or indeed any welfare unless otherwise stated on their website).

Yes that is what I mentioned in a previous post. You need to flying from an EU country or with an EU based airline before the EU 261/2004 regulations apply.

You are not entitled to anything from the airline and need to claim for the delay on your travel insurance.

Westin

Yes that is what I mentioned in a previous post.

Not wishing to split hairs Luci but I don't think you did, or perhaps not clearly enough . You posted;

Compensation is not payable in extraordinary circumstances, eg those the airline could have done something about, if the flight originates in an EU country or is on an EU carrier. Therefore it is not payable due to bad weather.

The OP was flying from Kenya. We now know on Kenya Airways. Had he been flying with a EU carrier, even though departing from overseas rather than the EU, he may have received hotel accommodation or been able to make a claim towards that accommodation under EC261. Whether however he would be successful with that claim would be another matter, as you correctly raised, all airlines might suggest these were exceptional and unforseen circumstances.

Happy New Year

andykn

Cityboy wrote: »

You are entitled to a FOC re-booking under EC 261/2004 for any cancelled flights by an airline. Unfortunately, compensation may not be payable if the cancellation was caused by:

...extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Airline will have deemed the recent closure of Heathrow as being just that. Whether you agree with that is a different matter!

What about those of us whose flights were cancelled by BA but the airport was still open (prior to 11:00 on Sat 18th)?