Could I have your opinion?

ScubaMike

Good morning all,
First apologies for the length of post - I thought best to put as much information so that your reasoned response could be made.

I was booked with my wife on flight MH003 due out of LHR on 26th February 2016 at 10:50.
Destination was Kuala Lumpur, with a further flight onwards to Bali (booked as a single journey direct with Malaysian Airlines).

On 25th February, because we were driving to Heathrow in the early hours, we went to bed early (c18:00)

On awaking at 02:00 on 26th, I checked my mails, to find a mail from Malaysian Airways at 18:25, stating that the flight would now depart at 18:15 (7hr 25m late). We therefore delayed our setting off so as to arrive at the airport in the afternoon. We were concerned that there could now be problems with traffic, so set off in plenty of time.

On arrival at Heathrow, we checked in at approx 14:00, and we were given £15 in meal vouchers each and an apology for the delay. We were also given a printed sheet apologising for the delay which was described as:-
"Due to the late arrival of inbound aircraft from Luala Lumpur". I have checked flightstats, but cannot decypher the reason for the late arrival.

The flight eventually left LHR at 19:00 bound for Kuala Lumpur International Airport. The flight was far from full.

By the time we landed in KLIA, the last flight of the day had left for Bali, and we were therefore put up in a hotel overnight near KLIA, we were additionally provided with meal vouchers for an evening meal. Breakfast the following morning was also included.
(EDIT: I don't have details of the delay in arrival - but it was certainly in excess of 5 hours)

We eventually caught the flight from KLIA to Bali 24hrs later than the originally booked flight, (incidentally seated in seats other than the pre-booked and paid for ones).

We therefore missed an entire day of our holiday, and had multiple problems re-arranging transport etc.

My question is that given that we were informed less than 24 hrs before the scheduled flight departure, are we entitled to compensation under Redgulation 261/2004 despite not checking in at the originally prescribed time (before 07:50). The delay in checking in was purely to avoid additional time sitting around in the airport.
Any assistance in decyphering the reason for the late arrival of the aircraft would also be welcomed.

Your views would be gratefully received.

Many thanks.

Caz3121

ScubaMike wrote: »

I was booked with my wife on flight MH003 due out of LHR on 26th February 2016 at 10:50.
Destination was Kuala Lumpur, with a further flight onwards to Bali (booked as a single journey direct with Malaysian Airlines).
Given that these were separate tickets the onwards flight to Bali are not part of the journey so any claim would be based on the arrival time in KL which was the final destination on your ticket


"Due to the late arrival of inbound aircraft from Luala Lumpur". I have checked flightstats, but cannot decypher the reason for the late arrival.
Flightstats does not show reasons for delay. However knock-on effects do not mean the airline does not need to pay compensation

By the time we landed in KLIA, the last flight of the day had left for Bali, and we were therefore put up in a hotel overnight near KLIA, we were additionally provided with meal vouchers for an evening meal. Breakfast the following morning was also included.
Well done MH for this. They did not have to provide anything. On separate tickets, you had 2 separate contracts. One ending in KUL and the second flight was missed and, depending on fare rules, you could have been made to purchase a new ticket

We eventually caught the flight from KLIA to Bali 24hrs later than the originally booked flight, (incidentally seated in seats other than the pre-booked and paid for ones).
You will need to see if seat reservation fees are refundable if you miss a flight. It sounds like you did not need to buy a new ticket or pay to change which is goodness, it is possible that the seats you held on the previous flight were unavailable on the new flight

We therefore missed an entire day of our holiday, and had multiple problems re-arranging transport etc.
For the compensation on separate tickets, the impact is the delay arriving in KUL with anything else being consequential losses that your insurance may help with

My question is that given that we were informed less than 24 hrs before the scheduled flight departure, are we entitled to compensation under Redgulation 261/2004 despite not checking in at the originally prescribed time (before 07:50). The delay in checking in was purely to avoid additional time sitting around in the airport.
I am assuming the you had checked in online, usually there is still a requirement to report to the airport at the original time unless told otherwise (on occasions alternate aircraft may be found and departure times brought forward) given that you were not denied baggage checkin at the airport it looks like this may not be an issue

Any assistance in decyphering the reason for the late arrival of the aircraft would also be welcomed.
Irrelevant as this was not your flight that was directly affected, your delay was knock on effect

Read Vauban's guide.
Have you submitted a claim for EU261 to MH? what did they say?

ScubaMike

Thank you for your response Caz3121.

My question is that given that we were informed less than 24 hrs before the scheduled flight departure, are we entitled to compensation under Regulation 261/2004 despite not checking in at the originally prescribed time (before 07:50). The delay in checking in was purely to avoid additional time sitting around in the airport.

I am assuming the you had checked in online, usually there is still a requirement to report to the airport at the original time unless told otherwise (on occasions alternate aircraft may be found and departure times brought forward) given that you were not denied baggage checkin at the airport it looks like this may not be an issue

We did not check in online. We arrived at the airport later than we would have, as we would have otherwise been waiting at the airport. We did check in in plenty of time for the newly advised departure time.
However, this was after the time we would have checked in at had we not received the email advising of the delay. Would the mail from Malaysian count as notification not to check in until later?

Caz3121

given that you were able to checkin for the flight at the airport this sounds like a non-issue
I would expect that, had the checkin closed at the original time, you would have been told at the airport that you had missed the checkin time and as such were classed as a no-show. This did not happen, they checked you in and took your baggage so the claim is based on delayed arrival to KUL.
Are MH disputing the claim based on a late checkin time?

Voyager2002

Caz3121 wrote: »

Read Vauban's guide.
Have you submitted a claim for EU261 to MH? what did they say?

I am puzzled by the comments in blue on the quotation in this first answer. The OP makes it very clear that the entire journey was booked as one ticket covering the two sectors, so MH WAS obliged to provide "care" during the transit stop, and the relevant delay is in reaching the final destination.

ScubaMike

Thank you both for the responses.

MH have not disputed the claim as I haven't made one yet.
I wanted to clarify whether my checking after the originally prescribed time would invalidate any claim.

I'll get a mail off to them now. I found a letter generator online ("which" website that words the claim correctly, so will use that as the template.

thank you both.

Caz3121

Voyager2002 wrote: »

I am puzzled by the comments in blue on the quotation in this first answer. The OP makes it very clear that the entire journey was booked as one ticket covering the two sectors, so MH WAS obliged to provide "care" during the transit stop, and the relevant delay is in reaching the final destination.

I indeed misinterpreted the OP and read

Destination was Kuala Lumpur, with a further flight onwards to Bali (booked as a single journey direct with Malaysian Airlines).

being...booked flight with destination KUL and a further flight booked with MH

Instead it appears it was destination Bali with a change in KUL all on one ticket booked with MH

OP apologies...if on one ticket, duty of care was indeed due and compensation based on delay to final destination...although in this case it does not change the amount

ScubaMike

Thanks for the clarification in your original response Caz3121.

Ordinarily I would have perhaps welcomed an overnight in KL, but we were in the middle of nowhere, and instead of arriving the day before my wife's 60th, we arrived on her birthday - she wasn't in much of a mood for a celebratory dinner that night.....