Delayed then cancelled then delayed!

messofdebt
messofdebt Posts: 10 Forumite
Seventh Anniversary First Post Combo Breaker
edited 17 October 2022 at 12:14PM in Flight delay compensation
Hey folks,

   Just want to be sure I've got this right in my head :smile: I was booked on Loganair flight BHX to INV flight on the 13th Oct 

Scheduled
  • Depart: 16:05
  • Arrive:  17:25
Actual (cancelled due to "technical reasons")
  • Depart: Cancelled at 13/10/22 19:10
  • Arrive: Cancelled at 13/10/22 19:10
There was no airline reps at the airport to handle any rebooking so I quickly booked on the same flight the next day. This was also delayed!!
Scheduled
  • Depart: 16:05
  • Arrive:  17:25
Actual (delayed due to aircraft change)
  • Depart: 19:20 (+3hrs 15mins)
  • Arrive: 20:18
Am I right in thinking that I can claim the cost of both flights plus £220 compensation for each flight or have I missed something?

Comments

  • eskbanker
    eskbanker Posts: 36,573 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the cancellation of the first flight was due to technical reasons then yes, you're entitled to the compensation for that.

    The airline was obliged to offer you a refund or rerouting, so if you paid for a second flight then you can claim whichever was the more expensive, but not the other one.

    The delay to the second flight is measured at arrival not departure, so if it was less than three hours (until the first door was opened) then you're not eligible for any compensation for that.
  • bagand96
    bagand96 Posts: 6,453 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 October 2022 at 1:06PM
    messofdebt said:
    Am I right in thinking that I can claim the cost of both flights plus £220 compensation for each flight or have I missed something?

    Given that you actually travelled you're not entitled to two refunds you'll have to pay for your travel!

    @eskbanker has it right.  When your first flight was cancelled you have an entitlement to refund or rerouting.  So you can claim the cost of the original flight on the 13th (refund) or new flight on the 14t (rerouting).

    Compensation is payable for the cancellation on the 13th as long as it wasn't due to an extraordinary circumstance beyond Loganair's control - if technical reasons were given that that is within the airline's control so compensation is payable.

    The flight on the 14th may not be eligible.  Delay is based on arrival time which for the purposes of EC214 compensation is measured as doors open at the gate.  The flight tracking sites show LM583 landed at INV at 20:18.  It depends if the aircraft was parked with doors open by 20:25 to hit the 3 hour delay, I would guess at Inverness this is entirely possible.
  • eskbanker said:
    If the cancellation of the first flight was due to technical reasons then yes, you're entitled to the compensation for that.

    The airline was obliged to offer you a refund or rerouting, so if you paid for a second flight then you can claim whichever was the more expensive, but not the other one.

    The delay to the second flight is measured at arrival not departure, so if it was less than three hours (until the first door was opened) then you're not eligible for any compensation for that.
    Thanks eskbanker.

    That's interesting, I didn't realise I could choose the more expensive of the two flights.

    I thought the delay was anything over 2 hours for short haul flights?
  • eskbanker
    eskbanker Posts: 36,573 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's interesting, I didn't realise I could choose the more expensive of the two flights.
    The regulations aren't written in those terms, but that's the net effect of the choice of refund or rerouting, so make sure you structure your claim in such a way as to achieve that.

    I thought the delay was anything over 2 hours for short haul flights?
    The threshold for compensation is three hours, even though care provisions, e.g. vouchers for food/drink while waiting, may kick in earlier.
  • And I'm guessing you have to rely on the airline to tell you what time the doors opened ready for disembarkation?
  • eskbanker
    eskbanker Posts: 36,573 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And I'm guessing you have to rely on the airline to tell you what time the doors opened ready for disembarkation?
    Effectively, yes, in that there aren't generally available stats on such times, so if you didn't make a note of that yourself then you may be struggling, although you could always claim anyway and see if they challenge it.  Personally I'd have thought it would be unusual for it to take more than seven minutes from landing at a small airport like Inverness to getting the first door open but anything's possible....
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