Brussels Airlines flight cancellation compensation

TurboTommy

Hi all,

I'm hoping that some of you legal-eagles may be able to help me in my quest to claim compensation from Brussels Airlines for a flight that was cancelled in early November; my attempts thus far have been problematic.

On the 4th November 2016, myself and my partner were due to fly out from Manchester to Lisbon for a long weekend away. The flight was scheduled early-morning, and I have chosen indirect flights to get to my destination earlier. The flights that I chose departed at 06:15 from Manchester to Brussels, then a 1hr 45min wait for the connecting flight from Brussels to Lisbon. Doing this meant that we would arrive in Lisbon just after dinnertime, as opposed to the later direct flight which would get us there after 8pm. The tickets were all booked as a package via Expedia, not separately - as I understand that this is important.

The flight was cancelled, as we were boarding, due to a "technical error", and following a 2hr queue at the Brussels Airlines help desk, we eventually got replacement flights with BA, flying from Manchester to Luton, then Luton to Lisbon. The flights got us to our destination just over 6hrs later than my booked tickets would have, all but making the extra that I had paid for indirect flights (so that I would arrive there earlier) a pointless exercise.

Upon returning home, I submitted a request for compensation for both myself and my partner, for 2x short-haul flights (MAN-BRU) and 2x medium-haul flights (BRU-LIS) - after checking the distances.
Since then, I have been in a constant battle with Brussels Airlines regarding the amount of compensation due. They initially sent me €250 as a 'corporate gesture', which I did not agree to, nor did I understand what the money was for. They have since sent a further €250 claiming that this is all that I am entitled to, as they 'calculate the distance of the whole journey that had to be made. We do not calculate by segment but the entire flight (which means that we do not work out distance from Manchester to Brussels and get a certain amount before using the segment Brussels to Lisbon)'.

I have since gone back to them to argue that I am due compensation for 4 flights, not 2 short-haul flights, and am awaiting a response, again.
They have been terribly difficult to deal with, having no means of telephone contact and seemingly replying to emails whenever they see fit to.
I was wondering whether anyone had any experience with this airline, whether anyone can help me to evidence my claim in law, or if anyone has any advice on next-steps (or indeed whether my claim is correct).

The law does seem to be a little sketchy around the topic of connecting flights, but it makes sense to me that their cancellation made me miss my connecting flight, which I had also paid for, so I should be compensated for both...?

Thanks in advance,
Tom

TurboTommy

Sorry, I should add that both of the outbound flights (MAN-BRU & BRU-LIS) were operated by Brussels Airlines.

razorsedge

EU261-2004 Article 7:

Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

My emphasis on last destination.

On the basis of the above you would be due compensation on the distance from MAN - LIS only.

However from this website:
http://www.greatcirclemapper.net/en/great-circle-mapper.html?route=EGCC-LPPT&aircraft=62&speed=
It would appear that the direct distance MAN - LIS is over 1500km so para 1 (b) would apply at EUR400 per passenger.

However, this is dependent on you having one booking reference/ticket for both journeys. By that I mean one flight booking reference with the airline and not necessarily with Expedia.
If Expedia have booked the flights separately (as they may have done with Brussels Airlines) then you are due EUR 250 for the cancellation on MAN - BRU and you would have been a no-show for BRU - LIS.
It would appear that Brussels Airlines are treating it like one through booking though from their reply to you but I would question their distance calculation.

Caz3121

TurboTommy wrote: »

Upon returning home, I submitted a request for compensation for both myself and my partner, for 2x short-haul flights (MAN-BRU) and 2x medium-haul flights (BRU-LIS) - after checking the distances.
Since then, I have been in a constant battle with Brussels Airlines regarding the amount of compensation due. They initially sent me €250 as a 'corporate gesture', which I did not agree to, nor did I understand what the money was for. They have since sent a further €250 claiming that this is all that I am entitled to, as they 'calculate the distance of the whole journey that had to be made. We do not calculate by segment but the entire flight (which means that we do not work out distance from Manchester to Brussels and get a certain amount before using the segment Brussels to Lisbon)'.

I have since gone back to them to argue that I am due compensation for 4 flights, not 2 short-haul flights, and am awaiting a response, again.
They have been terribly difficult to deal with, having no means of telephone contact and seemingly replying to emails whenever they see fit to.
I was wondering whether anyone had any experience with this airline, whether anyone can help me to evidence my claim in law, or if anyone has any advice on next-steps (or indeed whether my claim is correct).

The law does seem to be a little sketchy around the topic of connecting flights, but it makes sense to me that their cancellation made me miss my connecting flight, which I had also paid for, so I should be compensated for both...?

no. You bought a ticket from Manchester to Lisbon that was indirect via BRU. Compensation is based on the distance from MAN-LIS and the fact that you were delayed over 3 hours at your final destination.
You don not get separate compensation for the legs.

Justice13075

You are due €400 per passenger. Read Vaubnas guide and send a letter before action. All explained within the guide

leylandsunaddict

If you booked a package through Expedia then it's one ticket as you say. As such you are entitled to compensation for the one flight MAN-LIS.

If it had been separate tickets then you would be due compensation for the MAN-BRU leg which was delayed. You would be due nothing for BRU-LIS because it wasn't delayed. You just no showed.

Based on Great Circle Mapper you are due €400 x 2.

TurboTommy

Thank you all for your replies.

It's all very complicated. I presumed, from what I'd read on the CAA website, that each 'flight' would come with its own rights, considering I had paid extra for the two flights:

https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Your-rights/Your-rights-when-you-miss-a-connection/

I do believe that they were both under the same ticket/reference, there doesn't seem to be any dispute from them over that. I'll get back in touch with them and dispute the distance calculations.

Caz3121

TurboTommy wrote: »

It's all very complicated. I presumed, from what I'd read on the CAA website, that each 'flight' would come with its own rights, considering I had paid extra for the two flights:

you would think that may be the case (4 flights costing more than 2 but airline pricing is a minefield).....it will be the case that your flights were costed as MAN-LIS and not MAN-BRU plus BRU-LIS (from he random dates checked it costs more to buy the tickets separately and for some dates the BRU-LIS return flight costs more than the MAN-LIS return flight even though there are 2 flights less

Secondly for compensation to be due for the BRU-LIS sector the flight must have been delayed for over 3 hours...it sounds like the flight was not delayed and left without you as you were unable to board due to the delayed first flight.

It is fortunate you were on one ticket rather than 2 as, on one ticket the airline would only be responsible to get you to BRU and then you would probably have had to buy a new ticket there

Now you just need to prepare the response to Brussels Airlines to advise that, as per EU261 and the distance between MAN-LIS, you are claiming €400 per passenger

(although the rerouting is not totally relevant - I assume you meant you were rerouted with BA through Heathrow and not Luton)

leylandsunaddict

TurboTommy wrote: »

Thank you all for your replies.

It's all very complicated. I presumed, from what I'd read on the CAA website, that each 'flight' would come with its own rights, considering I had paid extra for the two flights:

https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Your-rights/Your-rights-when-you-miss-a-connection/

I do believe that they were both under the same ticket/reference, there doesn't seem to be any dispute from them over that. I'll get back in touch with them and dispute the distance calculations.

Airline pricing is very complex. Usually an indirect flight will cost less than a direct flight, even though it involves 2 'flights' instead of one. It makes no difference what you pay. Compensation levels are the same for all. You only had one 'flight' MAN-LIS as ticketed, even though it had 2 sectors. The time for calculations is the arrival time at the final destination on your ticket.

As has been said, if it had been separate tickets you could have claimed €250 for your MAN-BRU delay, but if it had caused you to miss the BRU-LIS flight you would have just been a no show and had to have bought a new ticket at last minute walk up prices.