Compensation for delayed flights Discussion Area

Aurora65

Thank you for the post, I had a quick skim through and it doesn't really answer my question. I you book a flight for 09:35 but it is rescheduled by 4 hours is this still counted as a delay in addition to the 2 hours on the runway.

Caz3121

Aurora65 wrote: »

Thank you for the post, I had a quick skim through and it doesn't really answer my question. I you book a flight for 09:35 but it is rescheduled by 4 hours is this still counted as a delay in addition to the 2 hours on the runway.

when was it rescheduled?

JPears

You will need to provide us with the various dates that you were informed of a changed departure (and importantly the rescheduled arrival time) for us to give you an opinion. These dates will have a bearing on whether or what compensation is due.

Manxphil

Manxphil wrote: »

This can't be possible where the flight originates outside the UK..it's a year and a half on since my claim and nearly a year since AESA confirmed Iberia were totally responsible for their negligence with my flights - the story is below:

Background information is that my original bookingin 2011 scheduled flights with Iberia from Malaga to Madrid then Madrid to Miami then Miami toProvidenciales (Turks and Caicos Islands). I received an Email confirmationfollowing my payment of approximately one thousand pounds sterling. Sometimelater I received an Email notification changing the flight time of the firstflight from Malaga to Madrid. I confirmed this was not a problem for me howeverwhen I arrived at Madrid to check in for the flight to Miami I was informedthat my subsequent flights to Miami and Providenciales had been cancelled andremoved from my booking. This was "an oversight" by Iberia.


Iberia accepted this was their fault and they arranged overnightaccommodation for me in a Madrid Hotel. This was very inconvenient for me as Ihad appointments in the Caribbean. I was delayed over twenty four hours most ofthe time being spent at the Iberia check-in desk in Madrid. Nothing else was offered to me. After I heard of the EU Legislation I contaced Iberia in Madrid in February 2014 to register my claim. They said they would give me some Avivos points.. I said I didn't want them - they didn't reply and I didn't get the points anyway. I took my comlaint to AESA the governing body in Europe - they upeld my clam (600 Euros) and they advised Iberia of this. Iberia stil not paid so I contacted a Barcelona Lawyer who took up my case (at my cost....) and he received a letter from Ibeia saying they would settle my claim but today still nothing - my own legal costs are a reasonable Euro 250 however in Spain I cannot claim any more than Euro 600... how cazy is this....

UPDATE
After 18 months of my claim iI have eventually received a cheque from IBERIA via my Spanish Lawyers for 600 Euro. My legal costs 250 Euro cannot be reclaimed. If you have a choice of airlines I would strongly recommend "do not use Iberia"...

Aurora65

JPears wrote: »

You will need to provide us with the various dates that you were informed of a changed departure (and importantly the rescheduled arrival time) for us to give you an opinion. These dates will have a bearing on whether or what compensation is due.

14 May 2015 - Flight Booked for 12 June 2015
Outbound Flight: 09:25 Arr: 14:35
Inbound Flight: 15:25 Arr: 18:25
19 May 2015 - queried whether the flight would change as there were rumours on the internet. I was advised by Monarch that they confirmed that the flight times would not change.
26 May 2015 - Rescheduled to
Outbound Flight: 11:05 - Arr: 16:35
Inbound Flight: 17:40 - Arr: 20:40
11 June 2015 - Rescheduled to
Outbound Flight: 13:35 - Arr: 19:05
Inbound Flight: 19:55 - 22:40

Response from Small Planet regarding the rescheduling: unfortunately, we were asked by Skiathos airport to change the times of our flights for the whole season due to a very high traffic in Skiathos. We apologize for the inconvenience. If you have any further quarries regarding your flight, please advice with your tour operator.

Actual Outbound Take off time: 15:20 - Arr 20:30 I think
Inbound Flight : 19:55 - arr: 22:05

Caz3121

14 days is key, from that I see that the dates and times you were given on the 26th May are those that you use for going forwards
(they can change the times without any compensation up until 14 days before the flight)
based on that, 14 days before the flight you expected to arrive on your return @ 20:40 and actually arrived @ 22:05 so less than 3 hours delayed no compensation
on the outbound your arrival had changed over 3 hours - 16:35 arrival becoming 20:30 arrival but I would expect Small Planet to call that the time change was completely out of their control and as such compensation would not apply...this would leave you with the delay from 19:05 arrival to 20:30 arrival which is also under 3 hours

It sounds like you have already tried to claim based on the comments, if what they say is true re being forced to change their schedules I cannot see this winning in court

JPears

This is the relevant section from Article 5 of reg 261/2004:
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
So it would the outbound flight maybe a valid claim, but not your inbound flight.
I say maybe as there is the issue of Small Planets giving you the correct reason, or is this a convenient story? Why would they change the timings twice at short notice? Is that an effort to manouvere out of compensation liability as has happened with the inbound flight?
Unfortunately you will probably only find out if you start legal proceedings. If the airport at Skiathos did change their slots then that probably counts as an EC

JPears

PS Caz you're a little bit wrong, its 2 hours not 3, when short notice

Aurora65

I just realised an error in my times, actual landing time was between 22:00 and 22:30, I got confused. I wasn't sure if it you had to be 2-3 hours delayed each way or whether it was a total delay time for both inbound and outbound. So it looks like I do have a case for compensation for the Outbound flight like you say, as it was almost a 4 hours delay. Is there anyway I can check this flight, to see the exact flight times, I've tried looking on FlightStats and it doesn't come on there. I haven't already claimed for this flight as I wasn't sure if I could. my husband had just put a comment on their Facebook page, and the response was what I posted. I find it hard to believe that that is the truth, as other airlines were not rescheduled.
Thank you for your comments, much appreciated.

Laurayuill

I am looking for some advice...
I was delayed 11 hours on an Easyjet flight in August 2013. Since then i have complained twice to Easyjet to no avail, thereafter to the national enforcement body for Spain (the flight was delayed returning to Edinburgh from Majorca).

I received a response from the regulatory body at the beginning of the year stating that "Accordingly AESA considers that the air carrier should pay you compensation for the mount of 400 Euros because .... We inform you that we are sending a copy of this letter to the company involved".

But then i never heard anything! Do I know just write to easyjet demanding my money and if they don't pay i will take the case to court? It's so infuriating i just wish they would give me my money back :-(