All or Nothing?

pcyuljr

*I have posted this in another thread also. My apologies if you read it twice*

Hello,

I have previously claimed compensation for my parents, so I am not a complete newbie. However, my own situation is quite different and I would appreciate any discussion/advice around it.

On Saturday 17th June my departure time from Manchester Airport to Thessalonika (Greece) was delayed for 2hrs 50 minutes. This was due to the aircraft, when we had all boarded, getting a burst rear tyre as we were taxing due to debris around the aircraft. We had to all get off and the company get another aircraft.

We were due to land in Greece between 6pm and 6.30pm.

After the delayed departure, we arrived at Thessaloniki (late obviously) but were then unable to land due to the wind. The pilot did attempt one landing, but aborted and then decided to not try again. As such we were diverted to Athens airport, finally landing with doors open at about 10pm. Thus 4 hrs later and at a different airport than we should have done.

We were put up overnight in Athens by Jet2 and the following day, flew back to Thessaloniki finally arriving with doors open at 1.40pm.

Thus we arrived at our correct airport about 19hrs after we should have done due to a mixture of issues.

Can anybody please provide some guidance or thoughts on these various issues as overall we lost a day of our holiday. Both of us also have travel insurance.

(Of note we were also delayed 2hrs upon returning, but that's an aside...I think)

Many thanks.

Vauban

I don't think there's any binding law (at least that I'm aware of) that offers a definitive view. But my take would be that, if the weather hadn't intervened, you'd have been less than three hours late. So the main delay is down to weather factors - and no compensation.

Tyzap

A family friend was also on the same flight.

I agree with Vauban about binding law.

However, I'm sure I recall reading about a case where something similar had happened which might be 'persuasive' to a court.

IIRC the judge found in the claimants favour because, had the aircraft not suffered the initial delay, it would have landed before the weather took hold to prevented aircraft from landing. Thus there would have been no claimable delay.

I have no idea which thread it was in tho, and details are a little hazy.

Found this hidden many pages down in the Court thread ...

http://forums.moneysavingexpert.com/showpost.php?p=68128798&postcount=527

pcyuljr

Thanks for finding that Tyzap. Is your family friend going to apply for compensation also?

That case you signposted me to seems perfect for this example and certainly bolsters my confidence in the claim being successful.

Tyzap

Hi pcyuljr,

Probably, but I think they are still away. Friends of my DIL.