Compensation for delayed flights Discussion Area

Kaone

The claim I had in mind was for the last flight not the "domestic" one. The last flight should have been with an EU operator (Virgin) but instead was with Delta. Do Virgin have any liability?

richardw

Nope, you weren't passengers actually on the Virgin flight's passenger list when it departed the US.

Caz3121

Kaone wrote: »

On the return journey our first flight was delayed causing us to miss the connecting Virgin flight to London.

Kaone wrote: »

The claim I had in mind was for the last flight not the "domestic" one. The last flight should have been with an EU operator (Virgin) but instead was with Delta. Do Virgin have any liability?

no liability. You were a no-show for their flight, they did not delay you
Claims are against the operating airline that delays you not the airline whose flight you missed because of that

xssc32x

Hi,
Have recently put in a claim to wizz air for a delayed flight in September 2012, from Split back into Luton using resolver tool. Flight was over 4 hours late as checked via flight stats and have just received following response:-


Thank you for contacting our Customer Relations Department regarding your reservation (PNR: XXxxxxx). Please accept our sincere apologies for the inconveniences caused by the long delay of your referenced past flight in 2012.

Please be informed that as per our General Conditions of Carriage,

"18.3.1. Your right to make any claim of any nature whatsoever against us shall be extinguished if you do not bring an action within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."

Since you did not submit any claim toward us within the abovementioned period of limitation of actions, we regret to inform you that we cannot handle your claim for compensation.

Thank you for your time and understanding.

Kind regards,

Could anybody advise next steps I could take or is that it?

Many thanks in advance

Simon

111KAB

Simon - read Vauban's Guide and by the sounds of things you may as well go DIY or NWNF shortly thereafter.

DIYBaldyman

xssc32x wrote: »

"18.3.1. Your right to make any claim of any nature whatsoever against us shall be extinguished if you do not bring an action within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."

Since you did not submit any claim toward us within the abovementioned period of limitation of actions, we regret to inform you that we cannot handle your claim for compensation.

Thank you for your time and understanding.

Kind regards,

Could anybody advise next steps I could take or is that it?

As 111KAB suggested, download & read Vauban's guide - all the information you need will be in there.

To elaborate slightly, EU261/2004 is a European Law, therefore any claim under that law is a statutory right. No term or condition of any company can over rule the law. The likes of Thomas Cook, Thomson etc... state in their T&C's that they will only consider compensation claims for delays over 12 hours, but they are consistently paying out EU261/2004 compensation for delays of over 3 hours. The law wins every time, they're just hoping you'll give up before it gets as far as taking legal action if needed.

howticklediam

xssc32x wrote: »

Please be informed that as per our General Conditions of Carriage,

"18.3.1. Your right to make any claim of any nature whatsoever against us shall be extinguished if you do not bring an action within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."

Simon

Jet2 tried the two-year clause with me, but eventually dropped it when it went to court, so I'd suggest an NBA if you can take them to court in the UK.

Scot79

Hi Martin and All,

I'm new to this so please re-direct me if I'm posting incorrectly.

Myself and my partner returned to FCO Airport at Rome on 21.05.16 to return back to Scotland. On arrival at the FCO Rome Airport there was a lengthy wait to drop our bags off, bearing in mind we had already checked in, we had to wait nearly an hour to do this. The staff were very disorganised, queues were disorganised and when we finally tried to drop our bags on the lady at the check in desk told us she was going for her lunch. I then approached management staff as we had less than half an hour to drop these off before our flight took off and they finally checked our bags in.

Once we boarded the plane we took a while to move and we were advised by the Captain that there was a problem with the baggage systems in Rome and Heathrow and both computers weren’t talking to each other and they had to take all the bags off an re-count per passenger. There was a further delay as the baggage staff at Rome airport went off shift, meaning we had spent 2 ½ hours sitting on the plane waiting for all this to be done. Because of these delays we missed our connecting flight from Heathrow to Glasgow and we were put on the next flight to Glasgow scheduled for 18.15 but this didn’t depart till 18.45, meaning we were further delayed again.

Once arrival at Glasgow baggage hall we were called over tannoy to attend the baggage department and were informed that our cases hasn’t even left Rome airport on the same flight as myself and my partner did. I find this very bizarre after sitting on a flight for 2 ½ hours before moving off to check that our bags were on the flight and they in fact were not. We were left waiting for our bags till the next day (22.05.16). There were eventually delivered by courier in the afternoon.

I submitted a compensation claim to BA and they sent the following back from BA,

Thanks for writing back to us about your EU compensation claim. You’re clearly disappointed you didn’t receive the service you expect from us and I’m so sorry we let you down.

Your claim’s been refused because BA0549 on 21 May 2016 was delayed because of operational circumstances outside of our control, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.

Thanks for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.

Best regards

Just wondered if this was fob off from them and is there anything else I can do?

Thanks for reading!

J

Caz3121

Irrespective of the reasons for the delay, were you actually over 3 hours late?

From Flightstats I assume you were on the BA549 which arrived into Heathrow at 16:55 instead of 14:30 (125 minutes late)
With a 14:30 arrival I am guessing you should have been on the BA1488 16:00 departure and instead you mention travelling on the BA1492 which took off at 18:48 and arrived into Glasgow at 19:43

Your delay was between your original time of arrival - 17:30 and actual time of arrival 19:43 which is less than the 3 hours needed for compensation to apply

alibags22

Hi guys,

Back in 2013 I was delayed by over 3 years coming back from Denmark on a Ryanair flight. At the time I submitted a claim, and was initially rejected, so I went to the Danish authority who at the time agreed with Ryanair that as it was a technical fault, I was not entitled to compensation.

I forgot all about it until I saw that there was a different decision on technical errors and extraordinary circumstances in 2015. My technical error was three air speed gauges that disagreed in pre-flight checks, not part of routine maintenance, so I didn't think I'd get anywhere but resubmitted my claim on their online portal with the original rejection document from the Danish authority, asking for it to be reconsidered in light of the new information.

And voila, within a couple of days I had an email saying a cheque is on it's way for £196.50! It was that easy! If you were rejected for technical reasons before 2015, resubmit!