Flight delay compensation, all other EU airlines

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  • mcscoobs
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    Hi all,

    Need some British Airways advice as I've hit a brick wall with regards my compensation claim. Back in August, flying back from Cyprus to Gatwick, I was delayed 14 hours (11.40pm flight changed to 1.30pm next day), with my partner and 2 toddlers (aged 1 & 2). I was told at the time that the previous flight over ran and therefore staff couldn't continue working because it went beyond their working time agreement. BA took us to a hotel an hour away to sleep. But it did mean changing work arrangements, airport parking and other little amendments.

    I used Resolver and wrote this to them on 19th August:

    Dear customer services team,
    I am writing regarding a delayed/cancelled British Airways flight.

    The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
    Booking reference: LI95Z9
    Existing complaint reference:
    Flight number: BA2674
    Departure airport: Larnaca
    Scheduled departure time: Sat 17/08/19 23:40
    Arrival airport: London Gatwick
    Number of passengers: 4

    Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
    Flight was delayed from 23:40 on 17th August until 13.30 the following day (a 14 hour delay). This meant us rearranging work and airport parking arrangements. Plus with two children under 2 years old, this was logistically a nightmare. We were provided eventually with accommodation, but the food on site was inadequate (hot food was stone cold and barely any choice).
    I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
    Yours faithfully

    I had no response. So I chased this and escalated on 2nd September, 23rd September and 14th October. I finally got a response 3 months later, on 4th November, stating:

    Please Quote in Subject: 11.17.006.3161
    Dear Sir,

    With reference to your complaint regarding flight BA 2674 from Larnaca to Gatwick on 17/8/2019, we inform you that after assessment of the evidence at our disposal we have concluded that exceptional circumstances occurred on the aforementioned flights; therefore you are not entitled to compensation according to the relevant provisions of EU 261/2004. The reason for the delay was due to ATC Staffing and Capacity Issues.
    Please note that the advice and/or opinion given by us, as the National Enforcement Body under EU Regulation 261/2004 is not binding on the air carrier or the Courts, in respect of individual complaints. Therefore, if you are still not satisfied with the airline's response, to any claim for compensation, even following our opinion, you will have to pursue the matter directly through the Courts or by means of alternative out-of-court dispute resolution mechanisms established in your country.
    Please be advised that the Department of Civil Aviation considers your case closed.

    Air Transport and Airports Section
    Department of Civil Aviation
    27 Pindarou Street
    1429 Nicosia
    Cyprus

    I've not responded as yet. Is there anything I can do now? Thanks in advance!
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
    Name Dropper First Anniversary First Post
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    you would be best posting on the BA thread here https://forums.moneysavingexpert.com/showthread.php?t=4384701
  • Caz3121 wrote: »
    was this flight number W98114?
    if so, EUClaim checker shows
    "An analysis of the data for this flight shows that an extraordinary circumstance was the cause of the delay.
    Unfortunately you are not entitled to compensation.
    An extraordinary circumstance is a situation which the airline has no control over and cannot be held responsible for, for example, a strike by air traffic control staff, bad weather or a terrorist attack."
    you could see if the checker on bottonline agrees.

    Have they refunded the Wizzair flight? have you claimed for the cost of your replacement flight back to UK?


    Thanks for the reply. Yes it was that flight. We haven't received the refund yet. Can we claim for the replacement flight if it is extraordinary circumstances. Wizz have said they are only required to issue a refund.
  • Justice13075
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    Firstly put your details into bottonline and see what they say. Wizz air will have to pay for your return flight.
  • Firstly put your details into bottonline and see what they say. Wizz air will have to pay for your return flight.
    Wizz are saying they only have to refund us for the cancelled flight. I'd be really grateful for a pointer to the relevant legislation or case law which says they have to pay for the return flight so I can quote it to them. Thanks!
  • rosie383
    rosie383 Posts: 4,981 Forumite
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    We got our payout through Bott & Co after our delayed Vueling flight in 2018 despite Vueling telling us we didn't have a case.

    Thank you Bott & Co. The fees are well worth it!
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
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    Again another case where the airline has deliberately misled/lied to you, requiring you to spend additional money to recover whats due to you.
    A letter of complaint to the CAA, about Vueling's behaviour is in order.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • rosie383
    rosie383 Posts: 4,981 Forumite
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    I may just do that. Thanks for the suggestion JP and also thanks for all of the good advice and support on this forum as always. It's invaluable!
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
  • Romaness
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    Delayed Ryanair flight:, 22nd December:

    My Ryanair flight from Valencia to Porto was delayed by 3h exactly (both departure and arrival), which, according to the information relayed to us, was due to a delayed Porto-Madrid flight earlier in the day, affecting every flight after that.

    The delay warnings were gradual (once every half hour or so, until the final delay, just over an hour before the ultimate departure time - after boarding, we then sat on the plane for a good while due to a last minute issue with one of the cockpit doors just as we were revving for departure).

    Ryanair sent an automated e-mail during the airport wait with the options of 1) seeking a refund; 2) a flight change; and another after departure with a .pdf attachment attesting to the delay for insurance claims.

    The EUClaim checker says it was an "extraordinary circumstance" causing the delay, and thus there is no case for a compensation claim.

    Ryanair's justification doesn't strike me as an extraordinary circumstance (certainly not one I should bear the brunt of), but I didn't buy insurance for the flight, so do I have a case for a compensation claim?

    I'm a novice to flight compensation claims, and I'm still entangled in a multi-year "fight" with Vueling for refusing to pay up for a heavily delayed flight for my elderly grandparents so, whilst I don't want to give up my rights (such as they may be), I'm also not desperate to spend more time and energy on a hopeless situation.

    Any thoughts/advice welcome.
  • Romaness
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    PS. Eep, apologies, I didn't realise I wasn't posting on the Ryanair thread!
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