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Travel insurance and/or Delayed Flight Regulation 2004 / EC REG 261/2004 or both?

Canwen
Canwen Posts: 8 Forumite
First Anniversary First Post
edited 25 July 2023 am31 11:35AM in Flight delay compensation

Recently an outward flight was cancelled by Airline A and I was issued a refund on the phone a few hours after getting text en route to airport evening  before flight, to inform me of cancellation. 

Since then, discovered EU regulation 261, (at time of refund was not told by Airline A of my rights). Also discovered on Google that destination airport  closed. Airline A did not give reason for cancellation and could offer no suitable flight so took refund.  My return flight is with Airline B.  The hotel at EU destination, reduced their cancellation fee by over 50% on being informed at 9pm night before check in that I would not be arriving.


My question is:  Should I 1.  seek compensation and hotel cost for hotel booked night before outward  flight, + meal and cancellation fees for hotel in EU + return flight  on Airline B from Airline A, under Denied Boarding regulation 2004?

OR  2. seek compensation for hotel plus meal booked night before flight - to ensure I was at airport for a 7.20 am flight-   and claim hotel cancellation cost in EU destination and return flight cost  from my Travel insurance AND also claim compensation from Airline A under EU regulation 261

OR 3. seek compensation for hotel + meal for hotel booked at Gatwick night before flight and cancellation fees for hotel in EU + return flight on Airline B from Airline A  under EC Regulation 261/2004 (if it is different from Denied Boarding regulation 2004)?

I am grateful for any advice at all on the above.  If advice differs from options 1-3 above would also welcome opinions.  Thanks.


Comments

  • DullGreyGuy
    DullGreyGuy Posts: 15,678 Forumite
    10,000 Posts Second Anniversary Name Dropper
    You can't double dip and claim from insurance and the airline... in most cases you will be expected to claim from the airline what you are due from them and if there is still a shortfall you then look to your insurance to cover that. Claiming losses from both would be undue enrichment.

     Since the UK left the EU you are better off claiming under the UK equivalent legislation given they were either already in UK law or were transposed by the Brexit legislation. 

  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I've read that two or three times and I'm still slightly confused as to what you are claiming.

    You had your flight cancelled and got it refunded. You might be entitled to compensation of a fixed amount under EU 261 or the UK equivalent but if it was just a standalone flight booking I don't think you would be entitled to compensation for anything else or consequential losses so you'd have to look at travel insurance. 
  • Canwen
    Canwen Posts: 8 Forumite
    First Anniversary First Post
    I am still unsure which way to go.  Airline or travel insurance.  DullgreyGuy I think because one leg of the journey is in  EU 261 applies.  Your suggestion is good.  However I read some old posts re travel insurance refusing for pay out for expenses as a result of flight cancellations and even though my policy says cancellation to £5k when I phoned up the company to have them email me a claim form was told I was only covered for flight delay.
    Therefore my confusion.  Will await furthere comments.  Tightoulgit your suggestion is also good.  It's a conundrum.
  • Caz3121
    Caz3121 Posts: 15,733 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Canwen said:

     discovered on Google that destination airport  closed

    If the flight was cancelled because the destination airport was closed there would be no compensation from the airline. EU/UK261 compensation would not be due so would be travel insurance claim for your expenses
  • Canwen
    Canwen Posts: 8 Forumite
    First Anniversary First Post
    I wonder why if the airport was partially closed (if this is true) since the 16th July,  why  it took until the evening of the 20th to cancel my flight?    Had I known I could have cancelled the hotel at the Airport for free up until the 19th July. Seems unfair  
  • Westin
    Westin Posts: 6,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Guessing it was Catania?

    Following the fire the airport firstly hoped that it would reopen much earlier than it ultimately did. Then when reopening it placed heavy restrictions on airline operations with very limited numbers of flights allowed. These daily restrictions were only released at fairly short notice with airlines either having to cancel service or route via alternative airports on the island.
  • Canwen
    Canwen Posts: 8 Forumite
    First Anniversary First Post
    Yes and I read somewhere yesterday that desks prioritised EU based companies as the passports checks (EU) went faster.  Makes sense.
  • Westin
    Westin Posts: 6,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Those flow restrictions at CTA are still ongoing with airlines only being given short notice by the airport as to what flights can be accepted.   Even today three rotations cancelled ex LGW to CTA (1xEZY, 1xBA 1xW9). Yesterday ex LGW two cancelled (1xEZY, 1xBA).

    Airlines tried to reroute using Palermo (PMO) and Comiso (CIY) but both at high capacity. On top of that, Comiso has very limited acceptance of non-Schengen flights and Palermo ended up closing for a while two days ago when wild fires approached the airfield.

    To your earlier questions:-
    Should I 1.  seek compensation and hotel cost for hotel booked night before outward  flight, + meal and cancellation fees for hotel in EU + return flight  on Airline B from Airline A, under Denied Boarding regulation 2004?


    OR  2. seek compensation for hotel plus meal booked night before flight - to ensure I was at airport for a 7.20 am flight-   and claim hotel cancellation cost in EU destination and return flight cost  from my Travel insurance AND also claim compensation from Airline A under EU regulation 261? 

    OR 3. seek compensation for hotel + meal for hotel booked at Gatwick night before flight and cancellation fees for hotel in EU + return flight on Airline B from Airline A  under EC Regulation 261/2004 (if it is different from Denied Boarding regulation 2004)?

    >>> It would be for you to make a claim against your travel insurance.  The fire in the terminal at CTA and airport closure (5-days) and subsequent limited operations ever since would be classed as an extraordinary event.  The airline is not responsible under EU261 for passenger compensation.  The airline is also not responsible for your consequential losses of pre-departure airport hotel and pre-booked hotel meal.  Had you been at the airport when informed of the cancellation then the airline would however provide a 'duty of care'.

    Hopefully your travel insurance will pay out for your direct losses. There is not a money tree of compo coming from the airline however.
  • Canwen
    Canwen Posts: 8 Forumite
    First Anniversary First Post
    Insurance co I rang said they only pay out when  a flight is delayed and not cancelled. 
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