Flight Delay - Colbalt Air

SPLIDGE

Hi I am looking for some advise please.

My family and I were delayed for 12 hours back in August 2016.

Our original flight should have departed at 6.00am on Sunday 21st August, this was initially delayed to 06.30am, then 7.30am, then 8.30am, then 10.30am and we finally took off at just after 11am.

We had been flying for approx. 35 mins when the Pilot announced that we were returning to Larnaca Airport due to the landing gear not retracting and unbeknown to us we had been flying around in circles to burn fuel.
We made an emergency landing at Larnaca airport and were shepherd back into the Departure lounge and told to wait for an update at 1pm. At 1.20pm an announcement was made over the tannoy telling us that there was nothing to report and that a further announcement would be made at 1.40pm. At 1.40pm no announcement came and the display information changed to say that the next announcement would be made at 2pm.
At 2pm we were issued £10 lunch vouchers and told that another plane being flown in and further information would follow at 3pm.

We were a party of 5 and we were travelling with my Autistic son. The initial delays, return and emergency landing were incredibly stressful for all involved however having experienced 5 hours’ worth of delays and an emergency landing by this time my Son was absolutely beside himself. Many passengers refused to get back on the plane and either left the airport or sought alternative flights (we were not told that this was an option!)

After a nightmare delay finally returned home to the UK 12 hours late.

Upon my return to the UK I sent numerous emails to Cobalt.

I was under the impression that as our delay had been delayed for 12 hours this entitled us to a compensation payment of 600eu per passenger however Cobalt have offered 400eu per person and have not been responding to my emails suggesting that their offer is incorrect or how we claim additional compensation for our other out of pocket expenses and my Son’s trauma. I am receiving no response now other than, ‘this is what we are offering, and that’s it!’. I can find no postal address and my emails to the Chief Executive remain unanswered.I am at a total loss now as to what to do next. I am not trying to be greedy but I think the catalogue of errors, the anxiety and trauma caused to my family (especially my Son) and my husbands loss of wages should somehow be taken into consideration.


Any assistance you are able to offer would be very much appreciated.

DrA_Harrogate

Your delay was seemingly caused by a fault with the aircraft; it has been established through numerous cases that this is not an 'extraordinary circumstance' and compensation under the relevant EU legislation is due. Indeed it seems the airline has figured this out and made you an offer.
First, everyone in this situ needs to download Vauban's Guide (google) so have a good look through that, taking especial notice of using the Great Circle method to calculate the amount of compensation due, as well as any compensation for money you spent. The airline's calculation is either right or wrong. It seems that the experience was more stressful for you than others due to your son's disability and of course the question of your husband's time off work. I stand to be corrected of course but am fairly sure that no extra compensation is payable.
So they key question is 400 or 600 euros so calculate the distance and take it from there. Feel free to return for further help if required.

SPLIDGE

Thank you for your response. I am not sure than I am reading the EU ruling correctly. I have read it that the distance is irrelevant due to the fact that the delay was over 12 hours - is this incorrect. Does this mean that that the compensation is calculated purely on the distance and not the delay then?

Alan_Bowen

Yes, compensation is fixed on distance and so long as the delay is over 3 hours you get not a penny, or cent more, than the amount fixed by the EU. Not sure why you chose Colbalt, it is brand new airline with few if any aircraft of its own and particularly with an autistic son, I think I might have chosen a more reliable carrier. I am rather pleasantly surprised they have appeared to offer the full amount due and as previously suggested, there is no additional compensation payable for trauma or loss of wages

SPLIDGE

Thank you. Unfortunately we didn't actively 'choose' Cobalt, this was part of a package deal. However, we have definitely learnt from our mistakes and would certainly pay more attention to this in future. Thank you for your prompt responses. I will therefore accept their offer and put the whole sorry experience behind us.

Justice13075

You are due €600 per person if you accept their offer you will be losing €1000.

Vauban

Justice13075 wrote: »

You are due €600 per person if you accept their offer you will be losing €1000.

If they were flying to Newcastle or further north maybe, but otherwise the journey to the UK falls short of the 3500km required for 600 euros.

Justice13075

Just had a chocolate bun and my sugar levels obviously spiked your quite right Vauban. But do we know where the op flew back to in the UK?

fifeken

Justice13075 wrote: »

Just had a chocolate bun and my sugar levels obviously spiked your quite right Vauban. But do we know where the op flew back to in the UK?

Their website offers flights to Stansted, Manchester and Birmingham in the UK, so nothing to Newcastle or points north.

http://www.cobalt.aero/

razorsedge

Vauban wrote: »

If they were flying to Newcastle or further north maybe, but otherwise the journey to the UK falls short of the 3500km required for 600 euros.

Does Larnaca airport count as being in the EU? If it does then I believe that my interpretation of 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).

would be that ALL flights within the EU (intra-Community) would come under (a) or (b), so the maximum compensation for an EU to EU flight of more than 1500 km would be EUR 400 regardless of distance.
I am willing to listen to arguments to the contrary.

razorsedge

SPLIDGE wrote: »

how we claim additional compensation for our other out of pocket expenses

The airline owe you a duty of care while you were delayed. If you had additional expenses at Larnaca (over and above any vouchers they gave you to spend) then you should submit copies of receipts to them as a claim under Article 9 of EU 261-2004. (Alcohol purchases do not count though.)
This would be a separate claim to any compensation due for the delay in getting you to your destination airport under Article 7.

Other 'losses' (earnings for days off, extra parking charges etc.) are not covered by the airline so you would need to see if your travel insurance policy covers you for these.