Compensation for delayed flights Discussion Area

Alec_B

Many thanks. Useful. Seems these sites agree with airline that knock-on effects of bad weather on crew hours are special circumstances and that airlines don't have to have backup crews !

Ash_H21

Hi All,

Just wondering if anyone could offer some help to a very confused person regarding some possible compensation for a flight delay.

My wife and I recently traveled to Johannesburg from Heathrow with BA. I was notified by text of a flight delay of ten hours on the morning of our departure (about 7 hours before we were due to fly), meaning that we would have missed our connecting flight in J'burg. Rang BA and was helpfully moved to an alternative flight Heathrow > Madrid > Johannesburg, which arrived in with only two and a half hours delay. Unfortunately, as a result of the delay, we had to run to catch our connecting flight on to Maun airport and our hold luggage didn't make it. We were joining a safari, so were unable to wait for the two days our luggage took to arrive in Maun airport. We were eventually re-united with our luggage after paying to have it couriered out to us and all was good.

On the return flight from Johannesburg to Heathrow we found out that we were recorded on the flight, but had no seats allocated as a result of over-booking. We had booked the tickets for the flight over ten months ago, so I was quite surprised to find this out.

Unfortunately my wife found this an extremely stressful situation (to the point of tears) as she had an interview for a job opportunity that had arisen whilst we were abroad scheduled for the day we were due to land - not ideal.

The BA staff were unable to offer us anything concrete and just kept repeating, 'I'm sure you'll be on the flight'. We did not get assigned a seat until arriving at the gate prior to departure and were then forced to sit separately, which further added to my wife's anxiety as she is not a fantastic flyer and gets quite travel sick.

Anyway, long story short - I wrote to BA, who admitted multiple failures in their standards, but denied any compensation as we did not match the criteria.

From reading the table in the Flight Delay Compensation section on MSE it would appear that for a flight of that length and delay we may be allowed E300 each, but I was wondering if I am reading this incorrectly?

Any assistance would be appreciated.

legal_magpie

On the given facts, the delay was less than 3 hours so no compensation under the EU regs

BUT IMHO you should pursue a complaint against them anyway under common law for breach of contract to include distress. If they still refuse to pay anything at all, you could issue a small claims case. Nuisance value might persuade them to pay something as might a sympathetic judge if you got one.

Caz3121

Ash_H21 wrote: »

which arrived in with only two and a half hours delay.

the confusion may be due to there being 2 different criteria
For delays the €300 would be due if you arrived between 3 and 4 hours late
If your flight had been cancelled then it is different and the €300 may have been due
Your flight was delayed but you voluntarily chose to be rerouted (I assume at no cost to yourself) so I don't believe compensation is due

EnisaP200

I was delayed by 5 hours back in September, all of that time was spent waiting on the aircraft at the side of the runway. The first 3 hours of the delay was due to bad weather at the destination therefore we were waiting on the go ahead to take off. When we were about to take off someone on the flight who was drunk fell ill which delayed us by a further 2 hours as we had to pull back into the terminal to allow paramedics on the plane who eventually took the ill person off the flight.
I know that bad weather does not count as the airlines fault but what about the ill person on the plane? would this mean I could claim compensation?

Caz3121

the non-weather element would need to be over 3 hours to qualify

richardw

My flight was cancelled at the airport about half an hour before departure, I've now received €250 compensation, but I'm not happy that they did not re-route us at the earliest opportunity and failed to perform their obligations under Article 8.
I suppose 'earliest opportunity' is a bit subjective, but they just didn't have enough staff at the airport to sort the chaos in a reasonable time.
Any thoughts appreciated.

legal_magpie

Richard, we need more. Were you actually rerouted? Details please

richardw

No, after 3.25 hours from the time of cancellation we sorted ourselves out and then claimed a refund. There was no offer of re-routing at the earliest opportunity. The aircraft was a 230 seat 'sardine' A321 and the queues at the airport were very very long and slow moving.

earhairy

Not sure who to thank, but a relative and myself were able to receive compensation from Flybe for a cancelled flight, using Resolver.

Thanks a lot.