Compensation for delayed flights Discussion Area

mlakomy

Thanks to 111KAB and JPears to reply and try to help.


The airline is called Alba Star (AS), a charter line, making it difficult to find directly the time of delays or other information about the reason for delay - these are usually not recorded for chartered flights (or I have not found any website doing it).
The flight was part of a package ski holidays going from LGW to GVA, original times of flight 10.55 – 13.15 on 27 Dec 2015, JQ5675. The delay was approx. 5.5 hours. AS are claiming that the delay due to technical problem was slightly less then 3 hours and they had to send a back-up aircraft. the delay increases then further to over 5 hours due to bad weather conditions at the destination in Geneva. also from their letter " you would appreciate this further delay is out of our control and thus under the EC regulation this constitutes an extraordinary circumstance with no further compensation payable". Then they offer a goodwill gesture of €100 per passenger.


My thoughts are that there is no such a thing as a free lunch - meaning: they know they will be liable to pay the full compensation but try to negotiate the amount down. if they could get away without paying, they would definitely do, so the fact they offer to partially compensate may mean I have a valid case and just should push harder.


I read the Vauban's guide but I cannot give you more details about the weather etc as I simply don't know for sure. It was misty that day in Geneva so they may be onto something but I cannot be too sure. However, should bad weather conditions be inherent in the operational risk when flying in December? So in fact not constituting an extraordinary circumstance?
Any help on this would be most grateful. Monika

Caz3121

>> should bad weather conditions be inherent in the operational risk when flying in December <<
airlines can be responsible for technical problems as they should perform maintenance and should be able to fix issues
airlines have no control of the weather and cannot decide to fly unless they are given the green light by ATC. In the case of bad weather it is ATC that decide who can leave when
Looking at the arrivals at Geneva that day looks like significant problems from 11am onwards with virtually all flights delayed or cancelled

111KAB

Alba Star are a Spanish charter airline so not exempt from 'rules' however they will be a difficult firm to pin down.


I suggest you read Vauban's Guide and see if you are up for the inevitable battle - if not doubtful a UK NWNF will take on but there are equivalent Spanish firms although after their deductions the difference in recompense is not going to be great.


Have a go yourself (NBA) and see how you get on would be my suggestion.

markdavidturner

Without wanting to sound snobbish, if your cancelled/delays flight was booked business £2500+ one way, is the maximum compensation still €600 or should I be claiming more on the compensation letter?

Thanks in advance

Tyzap

markdavidturner wrote: »

Without wanting to sound snobbish, if your cancelled/delays flight was booked business £2500+ one way, is the maximum compensation still €600 or should I be claiming more on the compensation letter?

Thanks in advance

It's a fixed amount depending on the time/distance of delay.

mlakomy

111KAB wrote: »

Alba Star are a Spanish charter airline so not exempt from 'rules' however they will be a difficult firm to pin down.


I suggest you read Vauban's Guide and see if you are up for the inevitable battle - if not doubtful a UK NWNF will take on but there are equivalent Spanish firms although after their deductions the difference in recompense is not going to be great.


Have a go yourself (NBA) and see how you get on would be my suggestion.

Thanks 111KAB!


I am not yet versed in the jargon, what is NBA?
Also, what makes you say Alba Star will be difficult to pin down? The fact they are small/charter/Spanish/other?
Many thanks for all help.Monika

JPears

markdavidturner wrote: »

Without wanting to sound snobbish, if your cancelled/delays flight was booked business £2500+ one way, is the maximum compensation still €600 or should I be claiming more on the compensation letter?

Thanks in advance

Were you cancelled or delayed? If delayed, did you still travel the same class?

markdavidturner

JPears wrote: »

Were you cancelled or delayed? If delayed, did you still travel the same class?

Hi JP.
Original flight was cancelled at the airport with Qatar. They rebooked us with Emirates,still business class, but arriving 12 hrs late at final destination.
Cheers
Mark

JPears

mlakomy wrote: »

Thanks 111KAB!


I am not yet versed in the jargon, what is NBA?
Also, what makes you say Alba Star will be difficult to pin down? The fact they are small/charter/Spanish/other?
Many thanks for all help.Monika

Read Vauban's most excellent guide, answers should be in there, if not come back.

111KAB

http://www.travelweekly.co.uk/articles/60878/out-of-control-flight-compensation-is-safety-issue


Factual information seems non existent.