Flight delay compensation, all other non-EU airlines

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  • Walker70
    Walker70 Posts: 7 Forumite
    Great news, we have received our claim in full for hotel accommodation and food.


    The money has been paid directly into our bank account.


    Thanks to Tyzap and all other contributors.
  • Good afternoon all, looking for some feedback if possible. Ill try and keep it short and simple
    booked flights for 2 people from birmingham to lusaka, zambia. The journey consisted of 3 flights.
    flight 1 birmingham - amsterdam, flight 2 amsterdam - nairobi, flight 3 nairobi to lusaka. easy !
    flight 1 delayed by 30 mins meant connecting flight in amsterdam missed, 24 hour delay in amsterdam, accomodation given. Basically arrived at final destination 24 hours late.
    Openjed a case file with KLM to claim compensation.

    Told that missing checked in passenger on incoming flight meant arrival was late, therefore caused outgoing flight to be late. Not exceptional circumstances in my book as it was their choice??
    Told to go away basically.
    Went to CAA who advised it must go through dispute resolution which case has now been filed
    Dispute resolution today come back and tell me that becuse the initial flight was only 30 mins delayed and that we were re accomodated within 24 hours that this is in line with ec261. however they will continue to investigate.
    The delay compensation is supposedly based on final destination delay according to the ec261 directive. See below



    Flight delay is based on the scheduled arrival time. This is defined as when the doors are opened on the plane and not when it lands (as some airlines may claim).
    In case of an arrival delay of more than 3 hours, passengers are entitled to cash compensation, unless the delay is caused by extraordinary circumstances.
    In October 2017, a EU court of appeal confirmed the UK's CAA's interpretation that the final destination must be included in the total delay. This means that, if the passenger misses a connection outside the EU and ends up with a delay longer than the times indicated above, even if the delay on the flight leaving the EU was inferior to the aforementioned times, the total delay will be used and not only the delay on leaving the EU.




    Has anybody been through this with any success? Beginning to feel that the dispute resolution is somehow not as independant as you may think. They are a ltd company, non statutory, funded by the aviation industry but supposedly impartial ???


    Any advice or tips would be appreciated
  • peter_333
    peter_333 Posts: 123
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    Any advice or tips would be appreciated

    I have not been through this specific situation, but from everything you say, I believe you are absolutely entitled to compensation. As long as the flights were all booked on the same ticket, then the airline are responsible for the entirety of the trip and the total delay to your final destination is the figure used to determine compensation.

    Of course, if flight 1 and flight 2 were on different tickets, that's another story altogether.

    Continue with the disputes resolution, calmly and clearly pointing out the various justifications for your belief that you are entitled to compensation. Remember that failure with the disputes resolution does not prohibit you filing a money claim through the courts.
  • JPears
    JPears Posts: 5,084
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    It is more than likely both your flights were with KLM on one ticket?
    The legal case in your favour is Gahan Vs Emirates which essentially confirmed that it is the final destination on the tickert that counts for both the delay timing and the distance covered.
    An ADR can take a long time to go through. Court can be quicker but involves a lot more effort. The ADR process can be useful practice for this journey if it becomes necessary.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • I had a cancelled flight with SAS on 24th December 2018.


    I went through their online compensation form & was awarded 250 euros. I received an email stating the amount I would receive into my account in GBP but on receipt it was 7GBP short; it was sent from an UK bank account so there was no charge in the UK.


    I have tried contacting SAS but they keep saying to contact my bank in the UK & they say they were no fees from their end.


    Should deductions be taken from my compensation when the amount is not what was stated in the confirmation email?
  • Caz3121
    Caz3121 Posts: 15,533
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    exchange rate changes? €250 could be anything between £213 and £221 in the last month alone.
    Have a look at the exchange rates on date of payment and it should still be €250
  • Hi Caz3121!


    They had already done the exchange rate so I should have got just under £220 GBP, but there was an extra £7 GBP missing from the sum in the confirmation email when it reached my bank account...


    Any ideas as to why this money is missing & are they allowed to deduct extra fees from my compensation?


    Thanks in advance.
  • jpsartre
    jpsartre Posts: 4,085
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    are they allowed to deduct extra fees from my compensation?


    They're not and they don't IME. I've claimed EU compensation from SAS more times than from any other airline and they're always paid up without hassles.
  • legal_magpie
    legal_magpie Posts: 1,194
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    Hi Caz3121!


    They had already done the exchange rate so I should have got just under £220 GBP, but there was an extra £7 GBP missing from the sum in the confirmation email when it reached my bank account...

    Any ideas as to why this money is missing & are they allowed to deduct extra fees from my compensation?
    .

    Have you asked them?
  • garlieston
    garlieston Posts: 31
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    Had a 24hour delay (to final destination)in january with Emirates due to a missed connection.
    Sheduled flight details were through ticket Manchester/Dubai/Clark.
    Scheduled flight times were dep Man flight no EK018 30th jan 13:10, arrive Dub 31st jan 00:25,
    dep Dub flight no EK338 02:45 31st jan,arrive Clk 18:25 31st jan (all times local times)
    Some people may recall on the morning of 30th jan Manchester runway was closed in the morning
    due to a heavy dump of snow,the runway reopened approx 11:30 ,the incoming flight from Dubai
    EK017due to land at 11:20 landed approx 15 minutes late at 11:35,on checking the records for
    EK017 it frequently lands 5-20 minutes late so nothing extraordinary there.
    Got checked in (total chaos)and boarded our flight EK018 thinking we were going to take off in
    a timely manner,waited and waited as more passengers kept getting on, finally left Man at 15:31
    2hr 21min late, landed Dub 02:05 1hr 40min late leaving only 40min to make our connection,we
    were assured by the customer service rep on EK018 that our connection was going to wait (total
    lie) ,on approaching the gate we were turned back as the captain refused to wait for us ,trip
    to customer services and we were rebooked on to the next days flight (24hrs later).
    On making my delay claim to emirates they turned it down on the basis of extreme weather
    conditions ,total crap,the incoming flight was slightly delayed but there was no weather
    conditions to prevent our flight leaving on time.
    I believe the cause of the delay was their earlier flight in to manchester had to divert to
    birmingham so they were cramming as many passengers that should have gone on that flight on
    to ours, hence the slow boarding.
    My argument is there was no severe weather that directly impacted our flight ,if they chose
    to change the passenger manifest causing a delay that is fully within their control and is
    not an EC.
    Have twice asked them to fully explain how the weather impacted our flight but they refuse
    to give me any details which makes me think they dare not put it in writing as it would
    show them up to be guilty.
    Before i revert my claim to AviationAdr i would welcome any input from the pro's on here.
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