Compensation for delayed flights Discussion Area

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  • So has anyone any knowledge of court cases specifically about flights to Gibraltar - successful or otherwise?
  • JPears
    JPears Posts: 5,086 Forumite
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    None that I am aware of pg. But I would say the regualtions are quite clear (compared to some other aspects of the regualtion) so any arguement in court, should it come to that are going to be brief!
    NBA time with a copy of your proposed court papers to demonstrate your intent, are probably now required.
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  • Im looking for some help and info.

    I had direct flights with Virgin Atlantic for New York to Manchester on the 4th January, which was cancelled due to the snow, Virgin have indicated they will pay for hotel and food while stuck in New York.

    Now, the replacement flight they booked us on was with Delta, New York to Amsterdam then Amsterdam to Manchester. The Delta Flight was delayed by 4 hours, we missed our connection and I called Virgin to resolve as Delta at Amsterdam didn't know what to do.

    Are we entitled to compensation? Virgin booked us on that Delta flight, but it wasn't a code share.

    Ive got a little lost in all the information and some guidance would be great! Thanks.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
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    PeterCurl wrote: »
    Are we entitled to compensation? Virgin booked us on that Delta flight, but it wasn't a code share.

    If it was Delta operating the flight then EU261 does not apply (as an aside, was the reason for the Delta delay not also weather?)
  • The replacement flight was 3 days later. The Delta delay was because it was late to arrive and they couldn't turn it around.
  • Caz3121 wrote: »
    If it was Delta operating the flight then EU261 does not apply (as an aside, was the reason for the Delta delay not also weather?)
    I am just wondering if there isn't an argument here? and Virgin, in this case should have a responsibility under EU261.
    Assuming the Delta delay was not weather related, Virgin still has a responsibility to transport their passenger to their final destination under Article 5.1(a) and Article 8.1(b) 'under comparable transport conditions'. In this instance does it make a difference who was operating the flight? Virgin's obligations under EU261 are not excluded in extraordinary circumstances only as per Article 5.3 that excludes payment under Article 7 (compensation) but does not exclude any other obligations.
    Under Article 5.1(c)(iii) if a passenger is re-routed on another airline and that airline has a delay of more than 3 hours who is liable for compensation? the airline that cancelled the flight or the operating airline?
    I hope I explained myself clearly.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
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    PeterCurl wrote: »
    The replacement flight was 3 days later. The Delta delay was because it was late to arrive and they couldn't turn it around.

    still no EU261 compensation as a non-EU carrier
    If it had been a Delta flight number but a KLM aircraft then you could have tried KLM but nothing if Delta operated
  • sooperb
    sooperb Posts: 135 Forumite
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    I have persevered with Vueling despite their stack of emails saying they aren't responsible etc. I used the AESA, the Spanish equivalent of the CAA who agreed I was due compo and said they would notify Vueling and if they didn't compensate I could contact them again. They didn't so I did, despite my sending a copy of the outcome, they then sent a notification to Vueling that they should pay me compensation, although they can't compel them to pay they can fine them if they don't.

    I have since had an email from Vueling asking for my bank details. I have given them all the info requested and will be waiting to see if they cough up, I've heard it can be 30 days before they cough up. I particularly liked this line from their email, "We hope that this experience will not change the positive image we’re sure you have of Vueling." They're having a laugh ��
  • I would welcome any advice on this if anyone can help. My flight to Iceland next month has been cancelled. I have accepted another flight to the same destination arriving at about the same time/date. However, I am having to fly from an airport in the UK that is quite a bit further away (MCR instead of Birmingham), and as such am going to have to drive there the night before (instead of getting dropped off at my local airport by a family member), spend the night in a hotel, and pay for car parking for 5 days. Am I entitled to any help with these additional costs? I've looked online but can't see any specific info about this. Thanks in advance
  • JPears
    JPears Posts: 5,086 Forumite
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    Unfortunately as the airline has given you more than 2 weeks notice, they are not obligated to do anything other than give you a refund. It's a shocking state of affairs but something airlines continue to do.
    Have you actually checked the flight has been cancelled. Sometimes airlines are a bit devious....
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