8+ hours delay. Reason unknown. Can I claim?

Bunny_Gee

I booked flights for me and my wife from UK to Thailand, through an online flight booking agent/broker. Once in Thailand, we were to travel on by train to our eventual destination so we booked a flight which was scheduled to land at Bangkok airport 4 hours before the train departed in order to allow us plenty of time between the airport and the train station.

Sixteen hours before the flight, I was telephoned by the flight broker and informed that the flight would be delayed by around 8 hours. I was also told that unless I replied to an email they were sending to me, that we would not be allowed to board this later flight, either. The email to which they referred was a confirmation of the booking’s amended itinerary and contained the following:

“we request you to revert to this e-mail as a "Token Of Acceptance " which would confirm our acceptance of the amended itinerary.

At such late notice, whilst I questioned why I had to commit to that confirmation to which I was told that I either must do it or not fly, I felt we had little choice other than to comply.

I then received another email asking for our name, age, passport details all over again, which I replied to.

I was promised replacement eTickets but they did not arrive. I repeatedly telephoned them and was repeatedly promised these eTickets but they still did not arrive. I emailed a request for the eTickets but that email was not even opened until 15 hours after I had sent it, by which time we were travelling to the airport (and it was never even replied to, anyway).

As it happens, I had since telephoned the airline direct and gotten confirmation that our passports would suffice, in lieu of eTickets.

The result of all this is that we eventually arrived at Bangkok airport 8hrs and 45minutes later than had been scheduled which also meant we had missed the last train to our destination and were faced with a choice of staying in a Bangkok hotel so as to get a train, next day or hire a taxi to our destination. The taxi was the cheaper of the two options but still cost me over £45 which I had not budgeted for.

The airline is Vietnam Airlines.

The booking Company is TravelTrolley (Southall Travel).

I have checked on-line and the flight is confirmed to have arrived 525 minutes late but states no reason I can see, for the delay.

Do I appear to have a claim and how do I go about it, if so, please?

Thank you.

Caz3121

Bunny_Gee wrote: »

Sixteen hours before the flight, I was telephoned by the flight broker and informed that the flight would be delayed by around 8 hours. I was also told that unless I replied to an email they were sending to me, that we would not be allowed to board this later flight, either. The email to which they referred was a confirmation of the booking’s amended itinerary and contained the following:

“we request you to revert to this e-mail as a "Token Of Acceptance " which would confirm our acceptance of the amended itinerary.

Did the "amended itinerary" show different flight numbers / times? It would be unusual to issue new tickets when a flight is delayed

The result of all this is that we eventually arrived at Bangkok airport 8hrs and 45minutes later than had been scheduled which also meant we had missed the last train to our destination and were faced with a choice of staying in a Bangkok hotel so as to get a train, next day or hire a taxi to our destination. The taxi was the cheaper of the two options but still cost me over £45 which I had not budgeted for.


Your onward ind!pendant travel is a consequential loss and, as such, is no responsibility of the airline. You could speak to your travel insurance but may not be worth a claim depending on your excess

I have checked on-line and the flight is confirmed to have arrived 525 minutes late but states no reason I can see, for the delay.

Do I appear to have a claim and how do I go about it, if so, please?

You can check with one of the NWNF sites with your flight details and see whether they believe there is a claim (EUClaim, bottonline)
Read Vauban's guide https://forums.moneysavingexpert.com/discussion/5173888
Vietnam Airways posts should be in the non-EU Airlines thread

DrA_Harrogate

As Caz says, after you read Vauban's guide and checked on the nwnf websites you will have a much better idea of whether you are due compensation from the airline. It sounds as if you probably are. From the experience of many here non-EU airlines are a more difficult proposition in terms of chasing than EU ones so a nwnf lawyer may be tempting. On the plus side the airline has a UK office so if it comes to sending the Sheriff round there will be equipment to seize, but that's a long way away!

Bunny_Gee

Thank you both for your replies.

You are correct in that the flight number stayed the same (VN50) which will be why new eTickets were not issued. My ignorance coupled with the broker's misunderstanding of my unnecessary request and their clear explanation failings, no doubt.

It's comforting to find they do have a UK office.

I shall read through the guides you recommend and see where that takes me.

I'm guessing nwnf = "no win no fee". Where do I find those forums referred to? Are any part of MSE?

Thanks again and I hope you're both around and don't mind helping further if you are able, if/when I need more help.

:beer:

Bunny_Gee

Hello, again.

I've read the excellent Vaubain's guide and am reasonably convinced I have a valid claim.

As I understand it, due to the destination arrival time delay being in excess of 3 hours (at 8.75 hours) and the journey distance being above 3,500km, I should be due euro600 per passenger = e1200 (para: 2.2).

Does that appear correct?

The guide also refers to a daily cost claim of up to £70 (para: 6.13) could my £45 taxi fare not qualify?

The guide also alludes to interest at 8%. Is that from the date of the flight, or from the date I submit a claim, until the claim is settled?

Is there an on-line, or downloadable, interest calculation tool for this specific purpose that anyone can direct me to, please?

Brilliant help, gratefully received, thus far. So, thank you.

PS. If I've posted this thread in the wrong sub-section of the forum, how can I go about correcting that in order not to upset the moderators and hopefully help future visitors, at the same time, please?

Caz3121

Bunny_Gee wrote: »

The guide also refers to a daily cost claim of up to £70 (para: 6.13) could my £45 taxi fare not qualify?

The guide also alludes to interest at 8%. Is that from the date of the flight, or from the date I submit a claim, until the claim is settled?

the daily cost is in the section about taking legal action yourself and is related to attending court hearing etc
The intent is that your EU261 compensation would be used for the taxi fare or any other losses you do not want to claim from insurance (airline is responsible to get you to the final destination of your ticket only)

Interest is something that can be awarded by a judge but is not a given and would not be relevant if the airline settles before any court action

Bunny_Gee

Caz3121 wrote: »

the daily cost is in the section about taking legal action yourself and is related to attending court hearing etc
The intent is that your EU261 compensation would be used for the taxi fare or any other losses you do not want to claim from insurance (airline is responsible to get you to the final destination of your ticket only)

Interest is something that can be awarded by a judge but is not a given and would not be relevant if the airline settles before any court action

Ah, thanks. I understand what the £70 costs refer to, now.

I also understand that the airline's responsibility ends when the final destination, for which I have employed their services, ends (i.e. the airport of arrival).

In the Vaubin's guide it does say to include the "interest @8%" claim within the body of the original compensation claim (para: 5.8).

I'm guessing there is a calculator tool for this purpose somewhere on the Internet, so shall seek one out, but I had also suspected there might be such an application on the MSE site to which I might refer (maybe there is - I'd best take a look). I'm also unsure as to when the 8% interest claim starts but am reasonably assuming it to be from the date of the airline's failing, being the scheduled date/time of arrival.

Thanks for the further advice.:)

Caz3121

Bunny_Gee wrote: »

In the Vaubin's guide it does say to include the "interest @8%" claim within the body of the original compensation claim (para: 5.8).

that is within the wording for the NBA.
You will start by claiming EU261 from the airline. If rejected and your next step is court then you are indicating that you will be requesting the judge to award interest as part of the judgement

Should the airline agree to a claim before this is required, then it is not relevant (and indeed there is no guarantee that a judge will award interest) I am not aware of any airline paying EU261 compensation interest without a judge enforcing them to

Bunny_Gee

Caz3121 wrote: »

that is within the wording for the NBA.
You will start by claiming EU261 from the airline. If rejected and your next step is court then you are indicating that you will be requesting the judge to award interest as part of the judgement

Should the airline agree to a claim before this is required, then it is not relevant (and indeed there is no guarantee that a judge will award interest) I am not aware of any airline paying EU261 compensation interest without a judge enforcing them to

Thank you very much.

As Vietnam Airlines have a London office and I am a UK resident, should I send my initial compensation claim to their London office or to their Head Office, in Ha Noi, do you recommend?

Also, is there a template letter for an initial claim or should I use my own judgement as to how I should word it?

Bunny_Gee

It's OK.

I found a template, but am not allowed to post a link to it.

And I found an interest calculator (in case I need one), but am not allowed to post a link to it.

DrA_Harrogate

and 2 days later you are fully loaded and ready to roll! Depending on how kindly you feel, you might start with a letter setting out your request (personally I would correspond with the UK office) and quoting the relevant legislation. You would also indicate your intention to pursue the matter in the event they fail to reply within x days. You might even send it recorded delivery. Stage 2 would be the formal NBA letter. You could then choose nwnf or diy. Good luck.