Compensation for delayed flights Discussion Area

Vauban

Renegeorgette wrote: »

I'm taking my mum to Copenhagen on the 14th of December. We were booked to fly back on the 16th (Dublin to Copenhagen). I just got an email from Aer Lingus saying our return flight has been cancelled and they have booked us into one the following day (24 hours later). Are we entitled to help with accomodation for the extra night?

Yes. No compensation, but hotel and meals as outlined in article 5:

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=EN

You should discuss this with the airline now, however.

legal_magpie

Agreed. Treat it as an extra day's holiday at their expense

Renegeorgette

Great! Thanks :beer:

kingjs

I flew from London to Hongkong last month via a 2 hour stopover in Mumbai. From Mumbai to HK there was an issue with the plane so it had to return back 30 mins into the flight and we had to get off and board another plane some hours later. 445 mins was the total delay and Jet Airways has refused compensation stating :

'Allow me to clarify here that, Jet Airways is neither a community carrier as its operating licence is not granted by an EU Member State nor is Mumbai a state located in the European Union. Hence, compensation under EU Regulation does not apply to flight 9W 76 of October 14, 2015 from Mumbai to Hong Kong. In view of the same we regret our inability to offer monetary compensation as specified under EC 261/2004, as a result of the above flight delay.'

Is there anything I can do?

Caz3121

a number of similar cases on the non-EU airlines thread particularly with Emirates delays from Dubai. Emirates will decline claims for delays fully outside the EU and state that they have won many times in court. NWNF companies will not take on this type of case so it is up to you whether you want to take this to court yourself. I have not seen any examples of anyone winning (there have been cases where inbound delays were under 3 hours which caused missing the onwards flight and compensation refused but subsequently awarded)

Tyzap

Juni won her case against Emirates, but it is one of the few.

http://forums.moneysavingexpert.com/showpost.php?p=69460246&postcount=494

She(?) was delayed 2.12 in the UK but missed her connection in Dubai. The CAA agreed with her and so did the judge.

JPears

I think kingjs case is higher risk than Juni's case. Juni was delayed in UK, the 1st leg, the delay causing a missed connection. kingjs case is a delay to the second leg, wholly without the the EU. I think this would be much greater legal struggle.

HA1

Thank you so much, i would never have thought about claiming compensation for our delayed flight home from holiday 3 years ago if it hadn't have been for you, received a cheque today for over £1000..... woo hoo!

gmrsupplies

Ok, Long story cut short, I have posted on this part of the forum before so some might know about it but here goes. Basically we were delayed from Sharm El Sheikk to Luton in Easter 2011, Easyjet consistently turned down my request for compensation and so approx 4 moths ago i filed in the small claims. They then made a partial admittance to the tune of £2320.50 which was the full amount of compensation we were entitled to but minus the interest that i claimed for at the standard 8% claiming that i wasnt entitled to this. This was sent to me via a letter and forms from Northampton county Court. I sent these forms back stating that i wasn't accepting this and to proceed to the small claims for the full amount which should be just over 3000. I sent this back last friday as well as a copy to easyjet and then lo and behold on the Saturday i received a cheque for 2320.50 worded as ' please find attached the cheque paying the admitted amount' and then yours faithfully. Nothing about in full and final settlement. I think I am ok to bank this and still pursue my claim for the interest but interested in other peoples thoughts?

legal_magpie

Yes, you can bank the cheque as they have only paid you what they admit and you have already told them that you aren't abandoning your claim for interest and your costs. I suggest that you point out to them that you are carrying on with the proceedings.