Compensation for delayed flights Discussion Area

Vauban

Then you should claim for the full journey, which is €400 per passenger.

matiasgfasano

Hi, Should I claim €400 or €600?
I was checking the table "Flight cancelled less than 7 days before departure".
We arrived 13hs late. Then the distance makes the difference.
If I consider the theoretical journey (ATH-CPH-LHR) then according to Web Flyer the distance is 3118 km and I can claim €400.
If I consider the real journey I ended up having due to the flight change (ATH-CPH-OSL-LHR) then the distance is 3799 km and I can claim €600.
Should I consider the distance of the theoretical flight or the real flight?

robins66

Booked with Netflights, Manchester to Orlando return.
Outgoing flight Manchester to Toronto with connection Toronto to Orlando with Air Canada, arriving at 20.49 on 12th September.
We checked in on time in Manchester and as told there was a delay of 1 hour due to the late arrival of a previous flight. We proceeded to the gate as instructed. There was a further delay before boarding of around 35-40 mins and people were already panicking because they were going to miss connecting flights. At this point we weren't too concerned as we had a 3 hour 15 min wait at Toronto.
Nearly 2 hours after our scheduled departure time, as we headed towards the runway for departure, a passenger complained of feeling unwell, and, rightly so, assistance was called. After a further delay waiting for an ambulance, the passenger and their luggage were taken off.
The pilot then advised that they were going to take onboard some more fuel. By the time we took off, we knew we were going to arrive in Toronto around the same time as our connection was due to leave and asked the crew what would happen. We were told that it wouldn't be a problem and the crew would liaise with Toronto en-route.
On arrival in Toronto we discovered our connecting flight was delayed by 2 hours. Great, we thought! We hadn't missed it after all. We proceeded to the departure area, scanned our boarding passes and were advised to go to customer services. We were told our flight was delayed due to a technical fault and was now cancelled. We were told that we had been transferred onto another flight departing at 8.55pm, 2 hours 55 Mins later than our original flight. We had no reason to disbelieve them and proceeded through to the departure areas with our new boarding cards. We were advised that we could only proceed once our luggage had been scanned through transit security, which took just a few minutes.
I then went to speak to an Air Canada agent as I needed to contact my son in Orlando and the car hire company. I noticed our original flight still showing at the departure gate and queried it as we had been told it was being cancelled. I was told that the flight was merely delayed. I was extremely annoyed as we had checked in on time in Manchester and were being denied boarding, despite being available to go to gate when the flight was called and being in the departure lounge nearly two hours before the flight departed. I asked about assistance with phone calls and was told to use the pay phones. Despite having been advised that I had no Canadian Dollars to use the phone, assistance was still refused and I was told to go to the Customer Services desk. I struggled to find the Customer Services Desk and had to ask again for help. When I eventually found the desk there was just one customer services agent working and an extremely lengthy queue that wasn't moving. After approximately 15-20 mins the gentleman in front of me very kindly rang the car hire company on my behalf.
As I made my way back to the rest of my party, our original flight was beginning to board and people were standing in line to board. Air Canada had cancelled our tickets for this flight, therefore we had been denied boarding.
The flight they had moved us to was due to depart 2hrs 55mins after our original flight but, at no point did Air Canada offer us any refreshments or assistance.
We boarded the flight for an on-time take off and were then advised that there would be a further delay as they hadn't loaded the luggage. Our luggage was still on a luggage rack at the side of the plane getting soaked. This led to a further delay of 40 minutes. We eventually left Toronto 3 hours 35 minutes after our scheduled departure time. Consequently, we landed in Orlando at 12.01am on 13th September, 3 hours 12 mins behind schedule. By the time we arrived at the gate we were approximately 3hrs 30mins later than scheduled.
The delays are enough to make anybody feel stressed but when it is compounded by lies and incompetence it makes it much more frustrating.
Air Canada have deemed the delay to our arrival in Orlando
to be due to Extraordinary circumstances, due to the passenger taking ill before take off in Manchester.
I don't agree!
They had nearly two hours delay before this happened and we had checked in for our connecting flight in Manchester. Despite being in the departure lounge in Toronto, nearly two hours before our original flight departed, we were denied boarding. Air Canada had bumped us off the flight and then deliberately lied, when they told us the flight was being cancelled due to a technical fault with the plane. The delay in the departure of the alternative flight was due to incompetence in transferring luggage in transit. Neither of these are Extraordinary circumstances and were completely avoidable.
I have responded to Air Canada stating that I do not agree and await their further response.

Caz3121

Flights over 1500km within the EU are tier 2 flights and would be €400
Tier 3 (€600) are those flights that arrive or depart outside the EU
Your claim is for €400

Vauban

matiasgfasano wrote: »

Hi, Should I claim €400 or €600?
I was checking the table "Flight cancelled less than 7 days before departure".
We arrived 13hs late. Then the distance makes the difference.
If I consider the theoretical journey (ATH-CPH-LHR) then according to Web Flyer the distance is 3118 km and I can claim €400.
If I consider the real journey I ended up having due to the flight change (ATH-CPH-OSL-LHR) then the distance is 3799 km and I can claim €600.
Should I consider the distance of the theoretical flight or the real flight?

You should claim for the distance between Athens and London as calculated by the "great circle method" - which is what the Regulation prescribes. That is about 2400 km.

111KAB

http://www.travelmole.com/news_feature.php?c=setreg&region=3&m_id=Y!Y!_r_rm_rs~&w_id=31248&news_id=2018716

Vauban

111KAB wrote: »

http://www.travelmole.com/news_feature.php?c=setreg&region=3&m_id=Y!Y!_r_rm_rs~&w_id=31248&news_id=2018716

There are so many questions about this initiative it is hard to know where to start. But here are two:

1 What guarantees does the consumer have that this new body will adhere to the law, and not a specious variant of it dreamed up by the airline industry? This isn't an unreasonable question given the CAA's consistent "misinterpretation" of Regulation 261/04, including through the so-called "Guidelines" document and then - in response to Huzar - trying to claim this ruling only applied to new cases (remember that?).

2. What will the CAA do about cases from airlines who refuse to sign up to the scheme?

I'm afraid this new body - and the CAA - have a lot of work to do to persuade me that they will fight for the consumer and not the airline industry.

matiasgfasano

Vauban wrote: »

You should claim for the distance between Athens and London as calculated by the "great circle method" - which is what the Regulation prescribes. That is about 2400 km.

Caz3121 wrote: »

Flights over 1500km within the EU are tier 2 flights and would be €400
Tier 3 (€600) are those flights that arrive or depart outside the EU
Your claim is for €400

Hi, Thanks for the clarifications. I did not know that the "great circle route method" was the one to follow. It does not matter if you had many connections in the middle. If that is the case then Athens/London is 2410 km (according to Web Flyer). Then I can claim €400.
Thanks again!

matiasgfasano

Hi, I am checking if I should use the Flight Delay Tool (Resolver) or MSE template letters.
My case was a flight from the EU (Athens) that arrived in the UK (London) on a EU airline (SAS).

The guide says that the tool covers:
-Anyone whose flight departed from the UK.
-Anyone who arrived in the UK on a UK/EU airline, from outside the EU.

What about "anyone who arrived in the UK on a UK/EU airline, from inside the EU"? Should I then go for the template letters?
Thanks

legal_magpie

My experience of dealing with Ombudsmen (energy, Finance and Legal) is that they are very strict with the organisations so I am not so pessimistic as Vauban. What will be interesting is what powers they will have over and above ruling on the issue of compensation under the regulations.
For example when ruling in my favour against Scottish Power earlier this year they recommended that they make a goodwill payment of £100 over and above the amount I was owed.