Flight Cancelled - Need Advice

edited 30 November -1 at 1:00AM in Flight Delay Compensation
6 replies 832 views
why123why123 Forumite
4 Posts
edited 30 November -1 at 1:00AM in Flight Delay Compensation
Hi All,

I had booked flights to depart today for 3 people to from BHX to AMR on Turkmenistan Airlines returning 29th Dec.

I have just been told the flight is cancelled, nothing else, no reason. So i had a look on flight status and the inbound flight from Ashkhabad is also cancelled, we were supposed to be on this flight, a quick stop at Ashkhabad then on to Amritsar.

I'm still waiting for update, but if i cannot get one, I really need to flight out tomorrow to be with my parents, any later and it will be too late and pointless, the purpose of the trip.

I paid via my MasterCard (Lloyds Premier) would i be able to get a refund, paid £455 each. I am deperatley trying to get another flight but looks like i'll have to pay £900 each to get out tomorrow. But if i cant get a refund then its a heavy price to pay.

Wanted to be with my parents for Xmas, they went out on this very same flight last week.

Any help is much appreciated.

Thanks
Jay

Replies

  • edited 18 December 2013 at 4:13PM
    razorsedgerazorsedge Forumite
    344 Posts
    edited 18 December 2013 at 4:13PM
    I would say Article 5 (Cancellation) of EU 261/2004 applies in the first instance.

    http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_046/l_04620040217en00010007.pdf

    This then leads to assistance from Article 8, assistance from Article 9 if you are at the airport and maybe compensation under Article 7 depending on the reason for cancellation.

    The airline should have informed you of your options under Article 8 when they cancelled the flight. You should get a re-route offered under 8(1)(b) or 8(1)(c) or a refund 8(1)(a). If you can contact them now, insist that they do this.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • Thank you very much.

    I'll get on it right away.

    Jay
  • Update: I am flying today at 21:00 on the same flight so a 24 hour delay.

    They explained that the plane i needed to be on was still in Amritsar and could not take of due to fog, this flight still had to go to Ashkhabad and then to Birmingham before the turn around.

    I read the EU regulations site this is in there fore extrodanary circumstances:

    Weather conditions incompatible with the safe operation of the flight. These weather conditions may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.

    Looking at the it looks like it will be very hard for me to claim any compensation, although i do think they should have been able to provide another plane and get me to Ashkhabad as planed then re-fuel and get me to Amritsar, i would have been there already.

    Any opinions on this?
  • CobyBensonCobyBenson Forumite
    188 Posts
    Sixth Anniversary Combo Breaker
    Bad weather is only extraordinary if it affects the 'flight concerned', i.e. your particular flight.

    As this bad weather occurred in Amritsar and 2 flights prior to yours, I do not think it is extraordinary.
  • Might be worth you asking at check-in tonight for written confirmation from the airline why your flight was cancelled yesterday.

    You are due an explanation of your rights under Article 14 (2) and airlines usually put some reason with it why the flight was cancelled (when they actually bother to comply with article 14).

    Its worth trying to get confirmation now before they decide to change their minds and quote a different reason when you start your compensation claim.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • Alan_BowenAlan_Bowen Forumite
    4.3K Posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    Anyone who chooses to book with Turkmenistan Airlines may think themselves lucky just to get there, the reviews of flights from London and Birmingham are dreadful. The chances of successfully getting compensation are I would suggest non-existant
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