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Important - Don't take advice as gospel! Smart !!!!!! are often wrong

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Hi all,

I recently posted requesting advice on claiming compensation for flights delays from Air Caraibes, based in Guadeloupe. We were flying from Dominican Republic to Paris.

Smug, sarcastic regular posters used the words "no claim" & "no compensation due" as matter-of-fact advice, as they said Guadeloupe was outside of EU. I had already explained that it was an EU state. "What more advice do you need?" was the next golden nugget from another regular.

I wouldn't mind if people just gave their opinion, but these smart !!!!!! who tell you things as if they are 100% gospel, are often about as knowledgeable as a tin of biscuits.

My worry is that some people would come on here to ask for advice, receive responses like this from people who claim to know what they're talking about, and give up.

I have now been awarded 600 Euros compensation by Air Caraibes. I wonder how many people have lost out because of bad advice.
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Comments

  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Holiday Haggler
    edited 23 December 2016 at 3:36PM
    Or.. you could have read Martin's guide - http://www.moneysavingexpert.com/travel/flight-delays#delayrules

    You were entitled to compensation because it landed in an EU state (i.e. Paris, France). Yes, the airline needs to be EU based also (which your airline was since it's French)

    It even states on its website it is liable for passenger delays - https://www.aircaraibes.com/pratique/mentions-legales/responsabilite-du-transporteur

    Although you need to read french (or use Google Translate) and you'll find it says it is an EU air carrier
  • Caz3121
    Caz3121 Posts: 15,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You were entitled to compensation because it landed in an EU state (i.e. Paris, France). Where the airline is based is irrelevant.

    not correct. EU airlines are liable under for EU261 payments for flights arriving or departing from an EU state
    non-EU airlines are only liable for EU261 on flights departing from an EU state
    In this case, the OP would only be receiving compensation from an EU airline...which is what the previous discussion was about..."is it" or "is it not" and EU airline....appears it is

    I see you updated your response after I posted...in OPs defence, there were plenty of responses previously stating it was not an EU airline so compensation would not be payable
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    If you knew it all what advice did you need?


    You were also told on the thread that it was covered by the regulation, but were told it may be awkward if they didn't pay up, I don't see any smug or sarcastic replies on your thread


    https://forums.moneysavingexpert.com/discussion/5565194
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Holiday Haggler
    edited 23 December 2016 at 3:44PM
    Caz3121 wrote: »
    not correct. EU airlines are liable under for EU261 payments for flights arriving or departing from an EU state
    non-EU airlines are only liable for EU261 on flights departing from an EU state
    In this case, the OP would only be receiving compensation from an EU airline...which is what the previous discussion was about..."is it" or "is it not" and EU airline....appears it is

    I see you updated your response after I posted...in OPs defence, there were plenty of responses previously stating it was not an EU airline so compensation would not be payable

    Yes, i went and re-read Martin's page! Then I found the airlines website, translated it to English and read the legal pages.. which seem to agree that it is a European airline. This took a few minutes - and if the OP had done that rather than asked random strangers on the interweb, they might not have had any problems.

    I will agree with OP - don't always trust advice online. BUT, you should also try to establish stuff yourself before asking for strangers help.
  • What do you expect? It's a free advice forum, none of us are flight compensation lawyers.
  • I'd expect a response like "I don't believe they are classed as an EU airline" rather than "no claim". You can understand the difference, right?

    And I didn't claim to know it all. I had read Martin's guide, but because of where Guadeloupe is, it's tough to know for sure if they qualified for EU regulations. Especially when people were telling me that they didn't!

    My point was that people should respond honestly, rather than claiming to know things that they don't. Some people will believe what they're told and give up, which would be a real shame.
  • Caz3121 wrote: »
    not correct. EU airlines are liable under for EU261 payments for flights arriving or departing from an EU state
    non-EU airlines are only liable for EU261 on flights departing from an EU state
    In this case, the OP would only be receiving compensation from an EU airline...which is what the previous discussion was about..."is it" or "is it not" and EU airline....appears it is

    I see you updated your response after I posted...in OPs defence, there were plenty of responses previously stating it was not an EU airline so compensation would not be payable

    Spot on, Caz. There were plenty of those responses. That's my point.
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    What do you expect? It's a free advice forum, none of us are flight compensation lawyers.

    But a small number of posters do hold themselves out as experts, and are unwilling to accept that they may not know it all.
  • martindow
    martindow Posts: 10,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Guadeloupe is part of France. It is an overseas department (a DOM-TOM) and is also in the EU although not part of Schengen.

    As the flight originated in France I think compensation would be available for non-EU airlines as well.
  • Does anyone know how to check details of your flight delay? I was on delayed flight TCX 9513 on 22 September 2011 and am sure it was a 4 hour delay. Thomas Cook say it was less than 3 hours
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