Compensation for delayed flights Discussion Area

Justice13075

Sometimes you do get conflict from these two sites. Going with Bott is your choice but remember they will take around 30% all told from any compensation.
Good Luck

jonnydubz

Hi all, hoping someone can answer my relatively simple question.

Do the CAA regulations only apply to the EU leg of a journey that contains a connecting flight outside of the EU? Or to the length of the entire journey?
(Gatwick — Calgary — Las Vegas)

Detail below:

We were over 4 hours late leaving Gatwick on a WestJet flight to Las Vegas via Calgary in Canada. We ended up arriving in Calgary 5 hours late and missed our connecting flight. However, as there was another flight to Vegas with the same airline an hour after our scheduled one, we were rebooked onto this flight and so landed in Vegas only 45 minutes after our scheduled arrival (due to a 4 hour layover we were due to have at Calgary).

Initially the airline offered compensation (600 euros or 1800 euros in future travel vouchers) but after replying that we would like to take the vouchers, were told that they had made a mistake and that as we only arrived at our final destination 45 mins late, were not entitled to compensation.
Could someone please confirm whether this is correct, as I had previously thought that the CAA regulations only applied to the EU portion of the flight (Gatwick to Calgary)?

Tyzap

Hi jonnydubz,

It's the time of arrival at your final destination that counts.

You would have had to arrive 3 hours or more late to qualify for compensation.

Tyzap.

Caz3121

jonnydubz wrote: »

Could someone please confirm whether this is correct, as I had previously thought that the CAA regulations only applied to the EU portion of the flight (Gatwick to Calgary)?

the airline is correct with the exception being if you had 2 separate bookings, 1 for ending in Calgary and a different booking for Calgary to Las Vegas....in that situation would would have a claim for the delayed arrival in Calgary as this would be your final destination for that ticket (assuming reason qualified) but you would then have had to purchase new flights from Calgary to Las Vegas unless the tickets you purchased were changeable for free.
If you had purchased LGW-LAS that happened to go via Calgary then there is no compensation due unless you arrive in LAS over 3 hours later than planned

CathA

CathA wrote: »

Just filled out EUClaim to see if we're entitled, this is the answer I received-

Our data shows that the airline can claim 'exceptional circumstances' e.g. there was a strike or bad weather conditions. This means they can't be held responsible and can't be forced to pay compensation.

While it is possible to claim compensation it's unlikely you'll be successful. We recommend not pursuing this case.

However, the same details in Bottonline came up as yes, we should be able to claim! I'm ringing them either tomorrow or Monday, rather than faff about with an on line claim, which I don't think would actually be valid.

I'll report back.

I rang Bott online to check, and as I suspected they said it wouldn't take on the case as air traffic control problems come under exceptional circumstances. I've emailed Etihad back and asked for a monetary offer rather than the air miles offer, see what comes of it.
I'll report back.

Andrewontour

Strange query that I cannot find an answer for;
I was cancelled with Aurigny flying Guernsey to Manchester (poor weather) the flight the next day was delayed for 3 hours 55 mins (flightstats site), all good for processing claim except that Guernsey is not EU, or UK but a Crown dependency.... Anyone any experience whether this will be a bar to claiming? Thanks

TreeBoy

Hi,

Just got back from an amazing Tour of South Africa with 44 15/16 year olds and 5 staff. We were all delayed for 23 hours on our flight back from Jo'berg to Heathrow due to a "Technical Issue". As Tour Leader, do I claim on behalf of the whole group or does each individual need to claim separately?

Thanks.

JPears

TreeBoy wrote: »

Hi,

Just got back from an amazing Tour of South Africa with 44 15/16 year olds and 5 staff. We were all delayed for 23 hours on our flight back from Jo'berg to Heathrow due to a "Technical Issue". As Tour Leader, do I claim on behalf of the whole group or does each individual need to claim separately?

Thanks.

Tree boy, that is a difficult one. One claim for all will be a nightmare. And not possible to do if goes to small claims court due to ceiling on claimed total.
It may be better for a small group, particularly the person who booked it and don't include any under 18s, to submit a claim. If it is sucessful then submit a claim for the remainder of the group, using the intial win as leverage.
Alternatively supply everyone with a copy of Vauban's most excellent guide, this forum address and let them get on with it. Perhaps a dedicated facebook page for exchange of information?

TreeBoy

Thanks for your response JPears. When you say not to include U 18's, can you please explain? Assume they are still eligible to claim but that it will probably have to be via their parents? We ended up hiring a coach and taking them to a theme park for the day to keep them occupied as I couldn't face the thought of a whole day at the airport with 44 tired teenagers (despite the fact they had been awesome the whole two weeks!). Would this additional expense be able to be claimed back from the airline?

JPears

No but presumably they fulfilled their duty of Care in providing refreshmnts, food and accomadation for 24 hours? Which airline was it?
If it goes to court, its easier if they are over 18.