Compensation for delayed flights Discussion Area

legal_magpie

Crew being out of hours is not an EC. Read Vauban's guide

Tyzap

https://casehub.com/cases/air-tax-APD-class-action

An interesting idea.

Mr---badger

Thank you for the great guide. With this, and the help of Resolver, I knew my rights and United have just given me and my partner £500 in compensation in addition to the £300 of travel vouchers I managed to gain on my own by having a good moan

happymoocow

Any experts out there who could help unravel this one. I booked a through flight from Orlando to Heathrow with American airlines and due to bad weather (rain) the plane was 2 hrs late departing. We had a connection to make in Philadelphia which we realised we would miss. We rang AA from the tarmac and advised them of the issue. They said they would put us (and the other affected passengers) onto the next flight with BA (their partner). Brilliant we thought, sorted and plenty of time. Upon leaving the plane at PA we were given electronic tickets to present at check-in. Upon arrival BA had not allocated us seats, apparently they had a full flight due to other earlier cancellations. The next available flight offered was 26 hours later! We had to accept this, as no alternative available (Hermine having just left her impact). My husband however arrived early at the airport the next day to try and get a standby which he did, meaning the flight we got was 20 hours later than planned. My query is this:
1. The original delay was heavy rain (out of their control) so accept that the connection was missed due to no fault of Airline, however we were bumped off the subsequently arranged connecting flight which was with BA, so would we be entitled to compensation, and if so under EU regulations?

Sorry it's lengthy and thank you for reading.

JPears

Your original flight details are irrelevent since a non EU airline leaving anon EU country.
However, if you had a valid ticket for an EU airline (BA), arrived at check in on time and were denied boarding then you should be due compensation under reg 261/2004. Denied boarding is far more difficult for airline to defend. You had a valid ticket, they chose to put somebody else in your seat. Simples.
Have you read Vauban's most excellent and informative guide? If not, do so and get your claim in.

legal_magpie

It's also breach of contract which would entitle you to claim further compensation for, e.g hotel if you had to pay out

JPears

Are BA not liable under 261/2004 for accomodation irrespective of breach of contract?

happymoocow

Thanks for the advice. I wasn't sure if my contract, e.g point of purchase, was AA therefore enabling BA to wriggle out. I read the Vauban's guide and whilst really useful I wasn't crystal clear on this point. I'll use a template claim letter to kick things off with. Interestingly it was AA who paid for a hotel room on the night of the incident.

JPears

Its not crystal clear because it is a bit a new permutation, even on such an old forum with seasoned regulars! The replies you have received are more our considered opinion, knowing how reg 261/2004 works, rather than based on many similar cases. If any regulars have a different interpretation I'm sure they will post.

Its usually the other way round, ie an EU airline, like BA dumps passengers onto an AA flight and then customers aren't entitled to any compensation if subsequent problems.

Bottom line is, if it goes to court, its the judge who will decide on the interpretation of the law.

paul2louise

legal_magpie wrote: »

Crew being out of hours is not an EC. Read Vauban's guide

I have read the guide. I understand that weather caused the delay. The weather improved and other flights arrived and left.
Crew being out of hours is not an EC. What do u mean. I don't know if we can claim for no food or drink or loss of days earnings. The staff who we did speak to said we had rights to complain. Just need to know what factors are important to mention and not get caught up with the fluffy emotional moans and groans.