Compensation for delayed flights Discussion Area

frosty12345

Hello,
I think I am due some refund/compensation but would like your input please. There are 2 (completely separate) trips that may qualify;

Most recent trip taken by my wife)
Booked as a single trip via omegaflightstore (flight times according to the ticket):
Leg 1: Manchester-Frankfurt LH947 24.June.2016 18:10-20:50
Leg 2: Frankfurt-Stuttgart LH136 24.June.2016 22:10-22:50

The 1st leg of the flight actually departed at 21:25 and landed at 23:40. (Interestingly, flightaware.com lists the scheduled times as 18:10-20:30). Therefore the 2nd leg of the journey was missed. The next available flight (LH126, the next day) would have meant that she arrived at Stuttgart at 25.June.2016 07:47 (scheduled arrival according to flightaware.com 07:18).

Because I was already in Stuttgart with a car, I drove to Frankfurt to pick her up on the 24th and she didn't take the flight on the 25th. There wasn't a food/snack coupon offered in Manchester (though I suppose there may have been if she had asked). They may have offered a hotel room for the night if she had needed it (but because she didn't need it, she didn't ask).

So, is she entitled to compensation because she arrived at the final destination more than 3 hours late? What is the process for starting this claim? What should she be entitled to?


The second journey taken by both of us;
booked as a single ticket via lastminute.com
Leg 1: New York JFK-Heathrow VS26 16.Aug.14 07:40-19:40
Leg 2: Heathrow-Manchester VS3045 16.Aug.14 20:45-21:45

The 1st leg arrived 25 minutes late, so we missed the 2nd leg and had to get the next flight (VS3041) the following day. We arrived in Manchester at 10:30 on 17.Aug.14. We were offered (and accepted) a hotel room for the night.

I already submitted the Virgin Atlantic application form but got the response that the "claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The aircraft departed JFK on time but was held at Heathrow before being given clearance to land by air traffic control" causing the 25 minute arrival delay.

Is that the correct response in this case? Is there anything further that can be done?

Should we / could we have claimed anything via the travel insurance in either case?

Thanks in advance for your feedback!

Wobblytoby

Can anyone help with advice please?

My son and his girlfriend recently travelled from Birmingham BHX (UK) to Orlando (MCO) via New York (EWR) with United.

The scheduled time of departure was 9.00am but due to engine trouble needing engineering work they departed at 10.15am meaning they arrived late into New York EWR and missed their 1.50pm connection to Orlando (MCO). The next United connection to Orlando (MCO) at 3.00pm had closed and United eventually flew them down to Orlando (MCO) on the 6.45pm flight which arrived in Orlando at 9.36pm.

This meant they were just under 5 hours delayed.

Does anyone have experience of claiming the EU compensation for flight delays from United? Do they usually accept liability and pay out?

Any guidance or advice from anyone would be greatly appreciated.

gelato_cat

frosty12345 wrote: »

Most recent trip taken by my wife)
Booked as a single trip via omegaflightstore (flight times according to the ticket):
Leg 1: Manchester-Frankfurt LH947 24.June.2016 18:10-20:50
Leg 2: Frankfurt-Stuttgart LH136 24.June.2016 22:10-22:50

The 1st leg of the flight actually departed at 21:25 and landed at 23:40. (Interestingly, flightaware.com lists the scheduled times as 18:10-20:30). Therefore the 2nd leg of the journey was missed. The next available flight (LH126, the next day) would have meant that she arrived at Stuttgart at 25.June.2016 07:47 (scheduled arrival according to flightaware.com 07:18).

...

So, is she entitled to compensation because she arrived at the final destination more than 3 hours late?

It depends on the reason for the delay of the MAN-FRA flight. She may be entitled to compensation if the delay was the airline's fault. So for example they don't need to compensate passengers if the delay was due to bad weather because there was nothing they could have done about it.

There's no harm in trying. Did she check in for the FRA-STR leg at MAN? Did she get a refund for it in FRA when she decided she wasn't going to take the later flight offered? They could refuse to compensate on the basis that she wasn't actually on the STR flight. If you put in a claim, include copies of the boarding cards.

frosty12345 wrote: »

The second journey taken by both of us;
booked as a single ticket via lastminute.com
Leg 1: New York JFK-Heathrow VS26 16.Aug.14 07:40-19:40
Leg 2: Heathrow-Manchester VS3045 16.Aug.14 20:45-21:45

The 1st leg arrived 25 minutes late, so we missed the 2nd leg and had to get the next flight (VS3041) the following day. We arrived in Manchester at 10:30 on 17.Aug.14. We were offered (and accepted) a hotel room for the night.

I already submitted the Virgin Atlantic application form but got the response that the "claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The aircraft departed JFK on time but was held at Heathrow before being given clearance to land by air traffic control" causing the 25 minute arrival delay.

Is that the correct response in this case? Is there anything further that can be done?

Should we / could we have claimed anything via the travel insurance in either case?

Thanks in advance for your feedback!

If the reason given by Virgin Atlantic for the delay is true, then no compensation is due because the delay wasn't their fault.

Claiming on the travel insurance will depend purely on what your insurance policy says. Have a read and see what is covered and whether you could make a claim.

Suze

JPears

frosty12345 wrote: »

Hello,
I think I am due some refund/compensation but would like your input please. There are 2 (completely separate) trips that may qualify;

Most recent trip taken by my wife)
Booked as a single trip via omegaflightstore (flight times according to the ticket):
Leg 1: Manchester-Frankfurt LH947 24.June.2016 18:10-20:50
Leg 2: Frankfurt-Stuttgart LH136 24.June.2016 22:10-22:50

The 1st leg of the flight actually departed at 21:25 and landed at 23:40. (Interestingly, flightaware.com lists the scheduled times as 18:10-20:30). Therefore the 2nd leg of the journey was missed. The next available flight (LH126, the next day) would have meant that she arrived at Stuttgart at 25.June.2016 07:47 (scheduled arrival according to flightaware.com 07:18).

Because I was already in Stuttgart with a car, I drove to Frankfurt to pick her up on the 24th and she didn't take the flight on the 25th. There wasn't a food/snack coupon offered in Manchester (though I suppose there may have been if she had asked). They may have offered a hotel room for the night if she had needed it (but because she didn't need it, she didn't ask).

So, is she entitled to compensation because she arrived at the final destination more than 3 hours late? What is the process for starting this claim? What should she be entitled to?


The second journey taken by both of us;
booked as a single ticket via lastminute.com
Leg 1: New York JFK-Heathrow VS26 16.Aug.14 07:40-19:40
Leg 2: Heathrow-Manchester VS3045 16.Aug.14 20:45-21:45

The 1st leg arrived 25 minutes late, so we missed the 2nd leg and had to get the next flight (VS3041) the following day. We arrived in Manchester at 10:30 on 17.Aug.14. We were offered (and accepted) a hotel room for the night.

I already submitted the Virgin Atlantic application form but got the response that the "claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The aircraft departed JFK on time but was held at Heathrow before being given clearance to land by air traffic control" causing the 25 minute arrival delay.

Is that the correct response in this case? Is there anything further that can be done?

Should we / could we have claimed anything via the travel insurance in either case?

Thanks in advance for your feedback!

Please put your queries on the relevant airline thread - Lufthans and Virgin?
Then read Vauban's most helpful guide (google) this should answer all your questions. But the answer in both cases is probably yes...

nsnoweandrews

So on the 28th August, my new husband and I were to jet off on our honeymoon. We checked in online the 24 hr beforehand and the next morning whenw e woke up had a series of emails saying flight was delayed. In short the flight was supposed to take off at 115pm and arrive at 1540pm (calgary time), instead and 6 email notifications later the plane took off at 621pm and arrived at YYC at 808pm ( Calgary time) this works out to be approx 4h23 min delay in landing us at our destination. We had a hotel booked in Calgary and hence arrived there much later than anticipated rather than 4 ish it was more like 9ish by which time the day was over..I was going to proceed to Resolver to do the claim but WestJet is not listed, have checked departure and landing times on FlightStat website. Have emailed Resolver to get them to add WestJet to their tool and they are running very behind. They suggested doing a claim through travel insurance which we do have but of course there is an excess if we claim. I have contacted the airline to find out that the issue for the delay was medical emergency and therefore they say they do not owe us any compensation. Please can someone recommend our best course of action? Do we wait for Resolver to add West Jet or do with take the claim to our travel insurance who charge 100 pounds pp excess fee?

Any help is greatly appreciated.

Justice13075

Put your flight details into a couple of flight delay checkers, Bottonline and EuClaim. If they say you are due compensation then you probably are. Then google and download Vaubans Guide. Read and then send a Letter before action to the airline. If they refuse you will need to issue court proceedings or hand it over to a No Win No Fee Solicitor. Possible compensation due €600 per passenger. Don't use your travel insurance you don't need to.

nsnoweandrews

Thanks for the reply, the online flight compensation checkers all say i am due 600 euros compensation pp. I am not sure if I need even to go forward and write the Letter Before action that you suggest, it has taken the airline three weeks even to get back to me to say they will not give compensation because it was a medical emergency and that constitutes out of their control. Which of the flight compensation tools would you recommend me using for the best outcome?

Justice13075

You need to send them a Letter before action as you need to inform them that if they do not pay you will take them to court. It is a requirement even though they said you are not due compensation. Do that first or pass it on to a no win no fee solicitor like Bott & co who will take approx 30% of your total compensation.

nsnoweandrews

Rereading the email WestJet sent me they say ' Upon review, I understand the aircraft was delayed on a preceding route due to a medical emergency' so to me it sounds as though the medical emergency was not even on our inbound flight but one before it hence surely they should have made reasonable provisions like having spare planes available in case of such an event?

Justice13075

That strengthens your case do as suggested and send the LBA or pass it on to a NWNF solicitor