Compensation for delayed flights Discussion Area
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Knox_Moore wrote: »Hi,
My flight was delayed by 45 mins from Mumbai to Heathrow. This meant that I missed my connecting flight. BA put me on the next available flight (the next morning) so i arrived at my destination 12 hrs later than expected. Both flights were operated by BA and on the same ticket number, Can I claim compensation for this?
Thanks
Yes you can - assuming the delay wasn't caused by "extraordinary circumstances". Tight connection mind, if you miss your flight for just a 45 min delay ...0 -
Sorry you got it wrong. The second flight was delayed >3Hrs but only 1hr 32 min from original flight.What occurs next, to my mind becomes seperate incident.
Said new flight was then delayed >3 hrs beyond the original flight arrival (and even more delay from the new flight arrival time)
Claim number 2
Read Article 4 (1) clearly the regs classify it denied boarding.If you voluntarily off-load yourself (for a free flight and voucher) are we sure that constitutes "denied boarding". I'm not sure it does ...
According to your opinion the airline in this case has to pay compensation and the first flight does not come into the picture at all.0 -
symphony63 wrote: »Read Article 4 (1) clearly the regs classify it denied boarding. According to your opinion the airline in this case has to pay compensation and the first flight does not come into the picture at all.
I think I can articulate my own opinion, which is not necessarily as you describe it. In fact, having thought about this quite a bit, I'm pretty confident that you are not entitled to any compensation. To be clear thought I am not a lawyer - so this isn't professional advice or even absolutely certain. But you asked for opinions ...
The Regulation makes a deliberate distinction between those voluntarily denied boarding, and those not.The number of passengers denied boarding against their
will should be reduced by requiring air carriers to call
for volunteers to surrender their reservations, in
exchange for benefits, instead of denying passengers
boarding, and by fully compensating those finally denied
boarding. (my emphasis)
This suggests to me that statutory compensation, beyond whatever is agreed between the passenger and airline when the passenger surrenders the seat, is not axiomatically due. I think we are agreed on that, though.
So the airline could use two arguments to resist payment of compensation:
First, you agreed to be delayed and agreed to compensation. That agreement was not contingent on the promise of a definite new arrival time. The Regulations in fact suggest those who agreed to forego boarding are not entitled to compensation for the subsequent delay in their journey. If you read them carefully, there is no entitlement to the provisions set out in Articles 5 and 7 (which now cover compensation for delays) - as Article 4, 3 makes clear in fact:If boarding is denied to passengers against their will, the
operating air carrier shall immediately compensate them in
accordance with Article 7 and assist them in accordance with
Articles 8 and 9.
This doesn't apply to you - only Article 8 does. As Article 4 1 makes clear:When an operating air carrier reasonably expects to deny
boarding on a flight, it shall first call for volunteers to
surrender their reservations in exchange for benefits under
conditions to be agreed between the passenger concerned and
the operating air carrier. Volunteers shall be assisted in accordance
with Article 8, such assistance being additional to the
benefits mentioned in this paragraph.
I think this is pretty strong, and believe you would struggle to win on this point.
The second argument is the one they're seemingly using, that your original contract made for a specific arrival time. That fact that you left earlier doesn't change the fact that you ultimately arrived only 90 mins later than you should have done - so compensation doesn't apply. I think this is a weaker argument, but I can see a judge being persuaded by it.
Your best argument, I guess, would be that you are seeking the protections in Article 5 (which, post Wallentin, apply to delays as well as cancellations) - and that this means if you are rerouted and depart more than an hour before the original flight, then you are eligible to compensation as set out in Article 7. (So the time you arrived is arguably irrelevant - because you left 2 hours and 5 minutes earlier than you originally should have done.) But the fact that you volunteered to offloading means I think you've got no rights to invoke the Article 5 or Article 7 protections - just Article 8.
But I wish you the best of luck - maybe the airline will judge that the costs of defending a legal claim mean it's easier to be rid of you with an goodwill offer or some suchlike. Let us know how you get on.0 -
Thanks Vauban,
The flights were booked on BA's own website and the hour and a half was the time between flights Mumbai through Heathrow to Belfast. The delay was caused by The late arrival of the BA flight to Mumbai so the plane wasn't there to take off on time. Due to the 45 min delaythen they made the decision that we wouldn't make the connection and automatically put us on the next available flight the next morning.
Do I claim the maximum of 600 euro for the full length of Journey? Also, Do I put my partner's claim on the same claim form as we were booked on the same ticket number?
Knox0 -
Knox_Moore wrote: »Thanks Vauban,
The flights were booked on BA's own website and the hour and a half was the time between flights Mumbai through Heathrow to Belfast. The delay was caused by The late arrival of the BA flight to Mumbai so the plane wasn't there to take off on time. Due to the 45 min delaythen they made the decision that we wouldn't make the connection and automatically put us on the next available flight the next morning.
Do I claim the maximum of 600 euro for the full length of Journey? Also, Do I put my partner's claim on the same claim form as we were booked on the same ticket number?
Knox
Yes and yes0 -
Sorry, I had forgotten the OP agreed to volunteer to re-route, not forced.I think I can articulate my own opinion, which is not necessarily as you describe it. In fact, having thought about this quite a bit, I'm pretty confident that you are not entitled to any compensation. To be clear thought I am not a lawyer - so this isn't professional advice or even absolutely certain. But you asked for opinions ...
The Regulation makes a deliberate distinction between those voluntarily denied boarding, and those not.
This suggests to me that statutory compensation, beyond whatever is agreed between the passenger and airline when the passenger surrenders the seat, is not axiomatically due. I think we are agreed on that, though.
So the airline could use two arguments to resist payment of compensation:
First, you agreed to be delayed and agreed to compensation. That agreement was not contingent on the promise of a definite new arrival time. The Regulations in fact suggest those who agreed to forego boarding are not entitled to compensation for the subsequent delay in their journey. If you read them carefully, there is no entitlement to the provisions set out in Articles 5 and 7 (which now cover compensation for delays) - as Article 4, 3 makes clear in fact:
This doesn't apply to you - only Article 8 does. As Article 4 1 makes clear:
I think this is pretty strong, and believe you would struggle to win on this point.
The second argument is the one they're seemingly using, that your original contract made for a specific arrival time. That fact that you left earlier doesn't change the fact that you ultimately arrived only 90 mins later than you should have done - so compensation doesn't apply. I think this is a weaker argument, but I can see a judge being persuaded by it.
Your best argument, I guess, would be that you are seeking the protections in Article 5 (which, post Wallentin, apply to delays as well as cancellations) - and that this means if you are rerouted and depart more than an hour before the original flight, then you are eligible to compensation as set out in Article 7. (So the time you arrived is arguably irrelevant - because you left 2 hours and 5 minutes earlier than you originally should have done.) But the fact that you volunteered to offloading means I think you've got no rights to invoke the Article 5 or Article 7 protections - just Article 8.
But I wish you the best of luck - maybe the airline will judge that the costs of defending a legal claim mean it's easier to be rid of you with an goodwill offer or some suchlike. Let us know how you get on.
I am more inclined to agree that no compensation due for re-routing.
However, the poster's rerouted flight was delayed. Other passengers booked on this flight would possibly be entitled to compensation. It would appear severe for the re-routed passenger to not be eligible?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
you can use the free NWNF checkers - EUClaim / bottonline and they will give a good indication on whether there should be compensation due
Thanks Caz
EUClaim says that it was due to an extraordinary circumstance
Bottonline says that I am due compensation
Is one site more reliable than the other?0 -
Hi,
I see flight stats is now charging for historical flight data, I need to go back to 2013/2012/2011 - does anyone know of another website?
Cheers0 -
Oh dear, you have been unlucky. But if you are going to get all this compensation, perhaps it's worth paying for the information. Remember though that there is a 6 year time limit for commencing proceedings so your 2011 flight may already be statute-barred0
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Update on this. Easyjet are about a month late with payment, CEDR continued to chase and today I received an email from EasyJet requesting bank details.Our flight was delayed by 4 hours. We were offered 2 lots of drinks vouchers and were told that bad weather had caused a delay much earlier that day.
We emailed Easyjet to see if we were able to claim compensation. Easyjet sent a number of responses but finally admitted there was a delay. They would not accept compensation was due giving the reason of extraordinary circumstance due to the weather issue.
I contacted the CAA who told me about CEDR. CEDR ruled in our favour. Poor weather on a previous flight which in turn affects your flight cannot be classed as an extraordinary circumstance.
Don't be put off by the airlines' first response.
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