Compensation for delayed flights Discussion Area

NoviceAngel

Hmmmm, can you be specific about your 'downgrade'...

I believe if your flight was cancelled with only 12 hours notice you are entitled to compensation under EC261/2004 normally two weeks notice would be required.

The regulations cover cancelled or delayed flights.

But if it's just your 'class' of travel then no you would not be entitled to compensation under the regulations, but would be interesting to see what others think, this one doesn't come up that much.

Cheers,

NoviceAngel

111KAB

EU 261/2004 only applies to cancellations and delays. If you were downgraded you need to ascertain the different price between 'standard' and 'extra leg room' for your flights and apply to TC for the difference. You may also wish to express your disappointment at being downgraded and trust that TC recognise this disappointment by reflecting any downgrade payment with a "little extra". This all assumes that your flights were NOT delayed beyond the 261 thresholds.

Vauban

NoviceAngel wrote: »

But if it's just your 'class' of travel then no you would not be entitled to compensation under the regulations, but would be interesting to see what others think, this one doesn't come up that much.

111KAB wrote: »

EU 261/2004 only applies to cancellations and delays.

Not quite. Have a read of Article 10.

OP: I don't know the answer to your specific question, but the Regulation makes no reference to a period of notice (only in respect of cancellations). I think you have a very good case to argue that, if you have only been given 12 hours notice, you are entitled to a reimbursement of 75% of the ticket cost.

NoviceAngel

Vauban wrote: »

Not quite. Have a read of Article 10.

Ok, I'll have a read over a coffee

Article_10 wrote:

1. Schedules
Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract.
Carrier may, without notice, substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity.
Schedules are subject to change without notice. Carrier will not be liable for errors or omissions in timetables or other publications of schedules and assumes no responsibility of making connections.

2. Cancellation, rerouting, delays
a) In case of circumstances beyond its control (including but not limited to meteorological conditions, force major cases, government orders or others) Carrier may without notice cancel or delay a flight or previously confirmed space. If due to such circumstances Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination place, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall, at the passenger's option, either:
i) carry the passenger, at the earliest opportunity, on another of its scheduled services on which space is available, without additional charge, and when necessary, extend the validity of his ticket, or
ii) reroute the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier, or by means of surface transportation without additional charges. If the fare and charges for the revised routing are lower than the refund value of the ticket or applicable portion thereof, Carrier shall refund the difference, or
iii) make a refund, in accordance with the provisions of Article 11.

b) Upon the occurrence of any of the events set out in paragraph 2a) of this Article and except as otherwise provided for by the Convention or the (European) law in force, the options outlined in sub-paragraphs i-iii) here above, are the sole and exclusive remedies the Carrier is obliged to offer the Passenger.
3. Denied boarding by overbooking
Unless other remedies have been provided by the Carrier to the passenger as here above stated, if Carrier is unable to provide previously confirmed space, it shall operate compensation to that passengers denied boarding in accordance with applicable law and Carrier's denied boarding compensation policy.

I'd highlighted the bit that jumps out at me! But that's about denied boarding not a specific let's say '1st class seat?' or are we saying this is open to interpretation ?

Vauban

NoviceAngel wrote: »

Ok, I'll have a read over a coffee

I'd highlighted the bit that jumps out at me! But that's about denied boarding not a specific let's say '1st class seat?' or are we saying this is open to interpretation ?

What is this you're quoting?

I'm quoting Regulation 261/04:

Article 10

Upgrading and downgrading

1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.

2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse

(a) 30 % of the price of the ticket for all flights of 1500 kilometres or less, or

(b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres, or

(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.

NoviceAngel

Vauban wrote: »

What is this you're quoting?

I'm quoting Regulation 261/04:

Thanks PtLV, dodgy google search

I bet you have them all in your favourites........:cool:

Vauban

NoviceAngel wrote: »

Thanks PtLV, dodgy google search

I bet you have them all in your favourites........:cool:

Not at all.

I know them off by heart.

NoviceAngel

Vauban wrote: »

Not at all.

I know them off by heart.

:T:rotfl:

I actually believe that is true,

jdybnsn

Thanks all.


The downgrade was from Premium, to Economy...though just to cloud the issue, TC reclassified these seats as 'Econmy Plus' about 4 months after we had booked (with no notification to us, but I had noticed it when accessing our booking)......but I still have our original booking confirmation that states Premium.


..but interestingly, that aspect did not form any part of TC's denial of the claim.


What I do know is, that it was caused by their original aircraft being 'out of place' - apparently it was stuck in the Far East somewhere (that's what the TC rep. told me)...so a substitute aircraft was used that had no Premium cabin.

NoviceAngel

jdybnsn wrote: »

Thanks all.


The downgrade was from Premium, to Economy...though just to cloud the issue, TC reclassified these seats as 'Econmy Plus' about 4 months after we had booked (with no notification to us, but I had noticed it when accessing our booking)......but I still have our original booking confirmation that states Premium.


..but interestingly, that aspect did not form any part of TC's denial of the claim.


What I do know is, that it was caused by their original aircraft being 'out of place' - apparently it was stuck in the Far East somewhere (that's what the TC rep. told me)...so a substitute aircraft was used that had no Premium cabin.

Well, in that case then quote from Article 10 that PtLV posted, we've both learnt something new today, I'd never noticed that little snippet before.