Compensation for delayed flights Discussion Area

Eileen_McMurray

I am trying to get compensation for me and my friend from BA
We were in Vegas and unknown to us our flight from London to Glasgow was cancelled due to industrial action by BA cabin crew.
BA have rejected my claim quoting :
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.

Is this worth my while persuing

JPears

Strike by ATC is EC. Strike by BA staff is not an EC. You would appear to have a claim. Read Vauban's guide - all will be answered.

legakisd

I thought I might as well share my experience with easyjet as I got my template letters from this forum.
Travelling back from Athens to London Gatwick in December 2009, our flight was delayed for well over 12 hours and were flown back the following morning.
I sent a signed for letter to easyject in October 2015, got ignored.
I filed a County Court claim in December 2015 (with only a week for the six year limitation period to expire, yes I did cut it fine).
In the claim I added an additional £100 (for the delay in handling it) per passenger, it was five of us, got ignored again.
I had also claimed £75 for having to make arrangements for a colleague of mine to do a job I couldn't, due to the delay (loss of income).
I asked the Court to submit a judgment in mid January.
Post arrives today (30 Jan 2016) hey presto baby! £2105 including costs, compensation, loss of income!
My advice, don't engage in long drawn phone arguments, letters, forms and all other techniques employed by airline companies.
They are trying to mess you about and procrastinate to your disadvantage.
Send them a letter asking what you are entitled, then just make a Court claim.
Off to the bank and shops! Thank you MSE!!!!

gmrsupplies

legakisd wrote: »

I thought I might as well share my experience with easyjet as I got my template letters from this forum.
Travelling back from Athens to London Gatwick in December 2009, our flight was delayed for well over 12 hours and were flown back the following morning.
I sent a signed for letter to easyject in October 2015, got ignored.
I filed a County Court claim in December 2015 (with only a week for the six year limitation period to expire, yes I did cut it fine).
In the claim I added an additional £100 (for the delay in handling it) per passenger, it was five of us, got ignored again.
I had also claimed £75 for having to make arrangements for a colleague of mine to do a job I couldn't, due to the delay (loss of income).
I asked the Court to submit a judgment in mid January.
Post arrives today (30 Jan 2016) hey presto baby! £2105 including costs, compensation, loss of income!
My advice, don't engage in long drawn phone arguments, letters, forms and all other techniques employed by airline companies.
They are trying to mess you about and procrastinate to your disadvantage.
Send them a letter asking what you are entitled, then just make a Court claim.
Off to the bank and shops! Thank you MSE!!!!

I completely echo what you are saying, wrote letter after letter, email after email and decided to take the step of small claims, within 2 months a cheque through my door for over 2 grand. It may seem quite daunting to take that step to small claims but its relatively straightforward especially with the assistance on this forum.

blackeye_99

Can anyone help me with this.

My daughter left to go travelling yesterday. Her first flight was London to Bangkok via a change Qatar with Qatar Airways. She has now been bumped from the 2nd flight (because it was over booked) and put in a hotel for 11 hours with no luggage. No one was asked to volunteer, they just sent her to customer services when she tried to board. They offered her an upgrade on the next flight or £175 compensation which she could claim when she arrives at Bangkok. She didn't know what her rights were so accepted. Her flights have been booked since the 15th Nov.

Obviously my biggest concern is her being a lone young woman on her first trip abroad, without appropriate clothing, she is now basically a prisoner in her hotel and I'm quite shocked that Qatar airways would single her out. However, it seems they have organised everything, so hopefully nothing else should go wrong.

Can anyone give me advice on the following.

If the flight originated in the UK and was booked as a single trip, is it still covered under the EU compensation rules?
Also, if she accepts the compensation she has been offered, will she still be able to make a claim for any difference when she returns in 6 months? (I may be able to get hold of her and tell her not to accept)

Thanks in advance.

Caz3121

Assuming she was not bumped because she missed the flight due to a delay from London, the affected flight was Qatar to Bangkok on a non-EU airline so they will take the view that EU261 would not apply for denied boarding for this flight
You would need to look at the Qatar Conditions of Carriage
Denied Boarding Compensation
If we are unable to provide previously confirmed space, we shall provide compensation to those passengers denied boarding in accordance with the applicable Convention and or applicable law and or our denied boarding compensation scheme as set out in our Regulations.
http://www.qatarairways.com/global/en/conditions-of-carriage.page

blackeye_99

Thanks Caz.
I thought it might still be applicable because it was a conjunction ticket. Qatar airways regard this as "a ticket issued to you in conjunction with another Ticket, which together constitute a single contract of carriage."
Maybe its worth looking at when she returns. Either way, while I know that most carriers overbook, it was dealt with poorly and not in line with their own guidlines. I can at least feed that back to them.
Thanks again Caz.

Marc01Evans

I was stranded in Sharm El Sheikh when the government cancelled flights.was stuck there for about 3 days. Is there anything I can claim for from my travel insurance? I see advertisements that if your delayed by 3 hours you can get £500. woukd this apply in my situation?

Caz3121

Marc01Evans wrote: »

I was stranded in Sharm El Sheikh when the government cancelled flights.was stuck there for about 3 days. Is there anything I can claim for from my travel insurance? I see advertisements that if your delayed by 3 hours you can get £500. woukd this apply in my situation?

there is no compensation claim under EU261 from the airline as the issues were not within their control
You were entitled to EU261 duty of care whilst you waited for new flights. If your were not provided with accommodation and meals you can forward your receipts to the airline for reimbursement
Whether your travel insurance policy pays anything in this instance will depend on your actual policy, some may pay £20 for each 12 hour delay or something similar

ronson_slater

Mark2spark wrote: »

You have been denied boarding Ronson and have a valid claim, assuming of course you are heading to a EU airport etc and are within the scope of the regulation.

Hi Mark2spark,


Thanks for the reply, yes we flew into Gatwick then onto Glasgow from MCO with BA. I take it we would be best to submit a letter requesting compensation, should I be requesting a certain amount and do I need back up information; boarding pass etc.