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Compensation for delayed flights Discussion Area

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  • Lou30
    Lou30 Posts: 8 Forumite
    Hi there

    I need to put in a compensation claim for a cancelled flight , the flight was with Lufhansa but it was NOT a direct flight, I was travelling from Budapest to London Heathrow BUT there was 1 stop in Munich , it was the first flight that was cancelled so I missed my connecting flight .

    I am putting my compensation letter together but my question is , how much should I be entitled to ?

    The trip in total is 932 miles , and the delay was overnight , and in total I arrived at Heathrow nearly 24 hours late. The table on Martin Lewis website suggests I should receive 400 euros , but because I missed my connecting flight am I entitled to anymore?

    Many thanks for any assistance
  • shapala
    shapala Posts: 648 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Would someone be kind enough to assist me, and apologies if this has been asked before, but due to the new legislation am I right in thinking I can claim compensation for a flight from Rome to Rio de Janeiro, flying with Alitalia, delayed nearly 10 hours due to 'exceptional circumstances'?

    I sent a letter to Alitalia but was denied compensation of any kind as, in their reply, they said they didn't cover compensation because of 'exceptional circumstance due to a technical issue'.

    Just to add, due to the delay, we didn't get to a family member's wedding on time and then flew home two days later, absolutely exhausted. Not that that matters though.

    Thanks in advance if anyone can help me.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    they have contradicted themselves - generally a technical issue is not extraordinary circumstances. so you probably have a valid claim. get Vauban's guide, sit down and read through then you will know where you stand and what to do.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Hi there

    After a delay of over 4 hours on a recent flight with Norwegian Air sent in a letter but I received the following response:

    'Regarding your claim for compensation we would like to inform that Norwegian follows The Regulation (EC) 261/2004 ('the Regulation'). The Regulation confers on passengers a right to fixed compensation when the flights are either cancelled or delayed by an excess of three hours. However, Article 5(3) of the Regulation creates an exception to the right where the cancellation or delay was "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".

    Norwegian's position is that the delay to your flight resulted from technical problems beyond its actual control, which constitute "extraordinary circumstances" within the meaning of Article 5(3) of the Regulation.

    Tthis means that we will not be paying you compensation in this case. However we will keep our position under review in light of the pending case C. Van der Lans v. Koninklijke Lluchtvaart Maatschappij NV (Case C-257/14) to be heard before the Court of Justice of the European Union.

    Given the importance of the decision in C. Van der Lands, Norwegian intends to postpone processing all compensations claims involving a technical problem until the outcome of that case is known.

    There is not yet a date for the hearing in the Court of Justice. You do not need to take out proceedings in respect of your claim as we have your claim on file and will contact you once the outcome of C. Van der Lans is known. If you do not accept our position following the outcome of that case, it will be open to you to take such further action, including taking out proceedings, as you then deem appropriate.'

    So.....does anyone know that actually means??? Or whether I have a leg to stand on in terms of my claim?? Just not sure on what to do next - any help much appreciated!!!

    Gemma
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Gemma - compensation is due (despite what Norwegian say) - firstly read Vauban's Guide then decide if you want to go DIY or NWNF. If the former it is then for you to decide when to commence court action.
  • Caz3121
    Caz3121 Posts: 15,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Lou30 wrote: »
    The trip in total is 932 miles , and the delay was overnight , and in total I arrived at Heathrow nearly 24 hours late. The table on Martin Lewis website suggests I should receive 400 euros , but because I missed my connecting flight am I entitled to anymore?
    932 miles is 1,490km which means compensation of €250
    You have one claim. (€400 is for distance over 1,500km) I would guess the second flight went on time but because of the delay of the first flight you missed it and the airline transferred you to another flight at no additional cost to yourself
    Assuming the delay was within the airlines control you have one claim of €250 based on your delayed arrival of your journey
  • Caz3121
    Caz3121 Posts: 15,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ellien1979 wrote: »
    My question is can I claim under EU law as the flight was booked with one airline from london - Bangkok? Or, because it was the Bahrain - Bangkok leg of the flight, am I not covered? Thanks
    not been tested in court. Many say that, as the delay was fully outside the EU there is no claim, others think there might be. I would fully expect the airline to reject the claim as in this post with a similar scenario https://forums.moneysavingexpert.com/discussion/5201356
  • Hi Everyone

    I know you can claim compensation for delayed flights which has made me question if i could be owed compensation for a similar problem my wife had:

    In 2012 my wife was travelling to Los Angeles International Airport from Manchester via a connecting flight at Gatwick. She boarded her Manchester flight to London and was told her luggage would be passed straight through at London and she would not need to check back in and therefore jump on the plane to LAX. This was not the case (I will have to clear up the reasons when i speak to her about it later) and as she had to collect her luggage at London and check back in, she missed the flight from London to LAX. Eventually the airline admitted this was their mistake and put her in a hotel for the night and subsequently got her on a flight the next day, some 24 hours later.

    It didn't cross our minds to claim compensation at the time however the knock on effect was her plans such as travel car hire and trips had to be re-organised not to mention the lost day of her holiday. Wondering if anyone can advise and how ,if possible, we would pursue a compensation claim.

    Thanks all.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    azzwuff wrote: »
    Hi Everyone

    I know you can claim compensation for delayed flights which has made me question if i could be owed compensation for a similar problem my wife had:

    In 2012 my wife was travelling to Los Angeles International Airport from Manchester via a connecting flight at Gatwick. She boarded her Manchester flight to London and was told her luggage would be passed straight through at London and she would not need to check back in and therefore jump on the plane to LAX. This was not the case (I will have to clear up the reasons when i speak to her about it later) and as she had to collect her luggage at London and check back in, she missed the flight from London to LAX. Eventually the airline admitted this was their mistake and put her in a hotel for the night and subsequently got her on a flight the next day, some 24 hours later.

    It didn't cross our minds to claim compensation at the time however the knock on effect was her plans such as travel car hire and trips had to be re-organised not to mention the lost day of her holiday. Wondering if anyone can advise and how ,if possible, we would pursue a compensation claim.

    Thanks all.

    Hi azzwuff,

    If the airline has already admitted fault/liability it should be a straightforward flight delay claim.

    Check that the ticket issued was a through booking first tho. If it was booked as two separate flights it will not be claimable. Then follow the advice in Vaubans great guide .

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Alan_Bowen
    Alan_Bowen Posts: 4,917 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There doesn't appear to be any delays involved here at all, so not sure how EU261 will help at all. BA were down to three flights a day to Manchester by 2012 so I presume she was on the first one but BA didn't fly to LAX from LGW in 2012, nor off the top of my head did anyone else.

    The tag she got at check in must have shown arrival as LGW not LAX indicating no through check, supporting the idea that the onward flight was not with BA as they will normally through check on their own flights even if they are on two separate bookings. This suggests a different airline and an insufficient time allowed for the connection in which case she was very lucky to be put on another flight at all
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