Flight delay compensation, all other EU airlines

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  • Caz3121
    Caz3121 Posts: 15,534
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    LT wrote: »
    Just read your reply about flight delays on codesharing flights. Are you saying that no-one has ever won flight delay compensation on a codeshare. KLM sell code shares daily to USA from Amsterdam. So if the flight to Amsterdam from UK is delayed and the USA connection is missed, no matter how long the delay, KLM will never have to pay because they operate codeshares daily? This seems like a loophole for the airlines to me.

    I am not sure which response you are referring to but, as per the response to one of your other posts, read Vauban's guide http://forums.moneysavingexpert.com/showthread.php?t=5173888
    it includes links to The Folkerts Judgement which covers this exact scenario
    What do the NWNF sites state on the links you were given?...compensation will depend on the reason behind the delay from UK to AMS
  • LT
    LT Posts: 10 Forumite
    Hi Caz
    Thanks so much for replying. It was actually your previous post/comment I was talking about. Sorry still trying to get my head around all this. Glasgow flight was delayed due to an operational problem. First they said they were waiting for an engineer, then they said they'd fly but at a lower altitude so they had to wait to be refuelled. My connection was missed due to this and we were put on another flight, eventually arriving 11 hours later to Portland.
    I read the guide and the judgement but didn't see anything about Codesharing. I just read Air France. I also read and completed one of the NWNF links to BottomLine, putting in all the relevant flight codes but at the end it just said they could provide me with a free template letter to contact the company myself. I have already contacted KLM myself twice and I am happy to take this to court, if I thought it had a chance but I was travelling on a KLM codeshare and they said this wasn't covered.
    Their words from their reply:
    I would once again reiterate that according to the recent decision of the Court of Justice of the European Union, a passenger can be entitled to compensation when the passenger arrives at its final destination with more than 3 hours delay because of a missed connection. Relevant in that case was that both flights were operated by the same carrier. Since your connecting flight was operated by Delta Airlines flight DL179, no compensation is due on this occasion.
    Thanks Caz
    Linda
  • Caz3121
    Caz3121 Posts: 15,534
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    LT wrote: »
    Relevant in that case was that both flights were operated by the same carrier.

    this part here is not what EU261 says and has not been the experience of others where they have received compensation from one carrier when the flight was against multiple carriers
    Maybe there has been a case that decided this and has not been discussed on here or maybe they are just hoping you will give up.
  • LT
    LT Posts: 10 Forumite
    Hi Caz
    Thanks again for your reply. So are you saying that people have had success receiving compensation from codesharing flights since the success of the Folkerts Judgement? Also in this judgement do you know which other airline were involved other than Air France?
    I think it might be worth taking to the small claims court in Scotland. What do you think?
    Would I stand a chance if I represented myself or should I just try to get a NWNF company to take it on. Sorry for all the questions.
    Linda
  • Vauban
    Vauban Posts: 4,736
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    Linda: I just answered you on the other thread. I think you have three on the go! Better to stick to one!
  • LT
    LT Posts: 10 Forumite
    I'm sorry but new to all this. Thanks to everyone who replied.
    Linda
  • LT
    LT Posts: 10 Forumite
    So sorry about the different threads but I'm new to all this. Thanks to everyone who tried to help me.
    Linda
  • Hi- I was on the same flight to Belfast and have submitted a claim to Smart Wings for the delay. Did you ever receive compensation for this delayed flight? I have not received a responese from them. My initial claim was to Thomas Cook, but they directed me to Smart Wings.

    Thanks
    D
  • JPears
    JPears Posts: 5,084
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    bumped house keeping
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Here is my story and reply on resolver? any tips for next steps?


    I am writing regarding a cancelled Lufthansa flight.

    I am seeking compensation under EC Regulation 261/2004 for this cancelled flight. The details are as follows:
    Booking reference or other flight details: 5NS5TR Flight:LH210
    Existing complaint reference (if applicable):
    Date of flight: December 21st, 2015
    1st Flight Departure airport:aberdeen
    1st Flight Arrival airport:Frankfurt
    Connecting Flight Departure airport:Frankfurt
    Connecting Flight Arrival Airport:Dresden
    Scheduled departure time of connecting flight:13.05
    Scheduled arrival time of connecting flight: 14.05
    Warning given before the flight was cancelled:30 mins
    Scheduled arrival time/date of alternative flight offered: The next flight at around 17.00 was also cancelled. we were advise we could wait until the evening flight at 21.00 which we might not get on and possibly have to wait until the morning. The only alternative was to take a train which would be 4.5 hours long and get us to our destination 8 hours later than scheduled. we had family that had travelled 2 hours to the final destination to collect us so we opted for the train. Therefor did not even take the second flight, and opted for the train.
    Total number of passengers on the booking:2
    Other passengers’ names (if claiming for others as well):
    I am therefore seeking the fixed compensation as specified in EC 261/2004.
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