Compensation for delayed flights Discussion Area

Vauban

richardw wrote: »

For those who missed it.

A viewer asked about delays caused by the ground handler truck colliding with the aircraft, Simon said this was extraordinary circumstances, obviously forgetting about the principal and agent relationship that exists between airline and ground handlers.

I should send him an email - the European Court ruled on this last November:

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62014CO0394&from=EN

For those like me who weirdly follow this closely, the most interesting thing about this case (in my view) was the original referral by the German court. In addition to the question about whether steps slamming into an airplane were "extraordinary" the court asked two other far more interesting questions, which effectively address the whole "knock-on" debate. These were:

1. Must the extraordinary circumstance within the meaning of Article 5(3) of Regulation No 261/2004 relate directly to the booked flight?

2. If extraordinary circumstances which occur during earlier flights are also relevant to a later flight, must the reasonable measures to be taken by the operating air carrier, in accordance with Article 5(3) of Regulation No 261/2004, relate only to preventing the extraordinary circumstance or also to avoiding a long delay?

Unfortunately the European Court, having determined that the risks of airport stairs accidents are "inherent" in the operation of the airline, resolved that

In the light of the reply given to the third and fourth questions, it is unnecessary to answer the other questions referred.

Unnecessary perhaps - but it would have been very interesting all the same!

Tyzap

Vauban wrote: »

For those like me who weirdly follow this closely,

Guilty as charged your Honour!

Had a good read of it before replying to 'tired mum' on the TC thread.

As you say, it's a shame they didn't see fit to answer the referral fully. It's probably going to have to cleared up one day.

I get the impression that Simon likes to 'run with the hare and hunt with the hounds' offending no-one along the way. I still remember that in his article printed in the Independent following the Huzar High Court ruling he started by saying "Be careful what you wish for".

He then went on to say "The Independent Traveller is assiduously pro-consumer and has always fought for fair treatment for passengers. Yet this ruling looks unreasonably onerous for airlines – and potentially expensive for their customers.:)

JPears

He can't offend too many in the industry otherwise he'd probably find his job far more difficult and expensive.
Although I do appreciate Simon's efforts and his columns, how many of us really expect journalists to be fully in the picture and accurate with every statement?
Experience in my profession is that whatever the integrity of the journalist, there are ulterior motives to journalism, or a failure on the part of said peson to fully understand. Large pinch of salt required in most "reporting".

Sam2468`

Hi all,

We took a flight with BA from Kingston, JA to London Gatwick last Saturday that was 15 hours delayed. I called their customer relations today who said that the Captain's illness (reason given for the delay) was not claimable under EU Law as they would not be expected to have additional crew available in Jamaica.
They want to offer £35 vouchers per passenger or 8000 avios - I'm not impressed!

Are there any options to claim more?

Thanks in advance

JPears

I give up.....

Tyzap

Sam2468` wrote: »

Hi all,

We took a flight with BA from Kingston, JA to London Gatwick last Saturday that was 15 hours delayed. I called their customer relations today who said that the Captain's illness (reason given for the delay) was not claimable under EU Law as they would not be expected to have additional crew available in Jamaica.
They want to offer £35 vouchers per passenger or 8000 avios - I'm not impressed!

Are there any options to claim more?

Thanks in advance

Please read and post on the dedicated BA thread where you will find posts such as this...

http://forums.moneysavingexpert.com/showpost.php?p=68495683&postcount=1089

Then have a read of Vaubans guide, see bottom of my post to locate it.

Good luck.

alivingstone

There were a family of 6 of us on a flight home from Majorca to Belfast a couple of years ago.
The flight was delayed and was 4.5 hours late in landing after a baggage handlers cart struck the aircraft and damaged it,
The airline have said this was exceptional circumstances and caused by the airport ground crew so we can't claim.
My argument (tentative I know!) would be that the ground crew were contracted to the airline so the airline is responsible.
Is there any point in referring this to the CAA or are they covered by the exceptional circumstances clause...?


Thanks!

111KAB

You have a valid claim - your argument is not tentative - 100% valid. Forget the CAA - useless/toothless/worthless.
Read Vauban's Guide then please post on thread appropriate to your airline.
Enjoy the money you will (eventually) receive.

Vauban

alivingstone wrote: »

There were a family of 6 of us on a flight home from Majorca to Belfast a couple of years ago.
The flight was delayed and was 4.5 hours late in landing after a baggage handlers cart struck the aircraft and damaged it,
The airline have said this was exceptional circumstances and caused by the airport ground crew so we can't claim.
My argument (tentative I know!) would be that the ground crew were contracted to the airline so the airline is responsible.
Is there any point in referring this to the CAA or are they covered by the exceptional circumstances clause...?


Thanks!

Read the post just six above yours!

Twinkle_41

Hello,
I'm new to the forum and wanted to ask some advice.
A colleague and I were sent for training by our employer.
Work paid for the initial flights, however when we turned up to check in for our return flight, we were told by easy jet that our flight was cancelled.
As we were the travellers, and therefore the people inconvenienced, are we entitled to claim cancellation compensation?
If we are and the claim is successful - will any compensation due be paid to us, or refunded to a company credit card?
thanks