KQ Flight delay - no response

My parents flew direct from London - Nairobi, Kenya on Kenya Airways, and unfortunately the flight was 4 hours delayed. I already anticipate a debate on the compensation as below, but they put forward the compensation request, and the airline are simply ignoring them! No response in 5 months now. 

1) The delay was apparently due to a late incoming aircraft that day, no clear reason why that was delayed but given it was from their hub, presumably they could have taken some measure such as making another aircraft or crew available. 
Is it up to the claimant to prove the delay was their fault, or up to the airline to prove it wasn't as their defence?

2) The time of arriving at the gate was minutes over the 4 hour mark per FlightAware and what my parents observed, but is this proof? Also any chance of the airline arguing the touch down time which was just under 4 hours? This doubles the compensation. 
-  Scheduled arrival (at gate I believe): 5:00AM
-  Actual touch down: 8:56 AM
-  Actual gate arrival: 9:06 AM

3) Kenya airways just send auto-replies saying the request will be dealt with as 'low priority'. While I wasn't expecting it to overtake more urgent issues, its now reached 5 months and I'm not sure what the next steps are if they don't respond. I think as a direct flight originating in UK its eligible for UK261 compensation, but how do you actually enforce that if they don't respond and aren't registered in UK? 

Comments

  • eskbanker
    eskbanker Posts: 36,552 Forumite
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    Yes, any flight departing the UK is in scope for UK261, and article 6(3) is clear that the threshold for delay compensation is three hours, not four.

    For escalation when not receiving a response, raise a claim via CAA PACT:

    https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/
  • saajan_12
    saajan_12 Posts: 4,764 Forumite
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    Thanks eskbanker
    As if by magic, after 5+ months of stewing, we just got a response from KQ! They agreed the compensation would be due, in the full amount for a 4 hour delay! They've asked us to fill in forms with some reference numbers for logging and the passengers' bank details which we've done.

    Looks promising, lets see if they actually pay now. 
  • Hi OP, how did you get on? Did you ever get the compensation. I find myself in a very similar situation. They have acknowledged that the compensation is due and we have provided them with the necessary documents and information but now they have stopped responding to us. I've had to escalate to the CAA.
  • saajan_12
    saajan_12 Posts: 4,764 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    saajan_12 said:
    Thanks eskbanker
    As if by magic, after 5+ months of stewing, we just got a response from KQ! They agreed the compensation would be due, in the full amount for a 4 hour delay! They've asked us to fill in forms with some reference numbers for logging and the passengers' bank details which we've done.

    Looks promising, lets see if they actually pay now. 
    Update is basically following this - filled in the forms and got the compo a month or so later. So all in around 6 months. 
  • saajan_12 said:
    saajan_12 said:
    Thanks eskbanker
    As if by magic, after 5+ months of stewing, we just got a response from KQ! They agreed the compensation would be due, in the full amount for a 4 hour delay! They've asked us to fill in forms with some reference numbers for logging and the passengers' bank details which we've done.

    Looks promising, lets see if they actually pay now. 
    Update is basically following this - filled in the forms and got the compo a month or so later. So all in around 6 months. 
    Thank you for the update - We have been waiting for about 1 month now so here's to hoping that we get the compensation soon.
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