Flight delay compensation, all other non-EU airlines

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Comments

  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
    Don't bother using Resolver. Put your flight details into bottonline and euclaim and see what they say, then come back
  • 9BooHon
    9BooHon Posts: 6 Forumite
    My AVIANCA flight was delayed from LHR to Bogota Colombia. The delay was over 14 hours..
    I wasn't told anything other than it was due to a 'technical problem'....

    What is the best route to take for a claim? I've never done anything like this before and am useless with words! An Avianca representative at the desk told me the day after that if I do make a claim make sure I use full stops and commas in my wording and not to use paragraphs!

    I appreciate any help :money:
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    And download Vauban's superb guide for more information on the whole process.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • SJE101
    SJE101 Posts: 6 Forumite
    Hello everyone, I am trying to claim compensation from Cathay Pacific for a delayed flight out of London in April to Hong Kong. The inbound flight was delayed due to 'weather' in Hong Kong. I say 'weather' as many other flights that day were not delayed out of Hong Kong but Cathay can obviously use that line to avoid paying compensation. I've emailed them via Resolver and they are denying my claim in the first instance. Resolver says I have six days to escalate. Is it worth escalating if they have already replied and said no or is the escalation for if they don't reply. In any case my flight from London was not delayed due to weather in London. They could have routed a plane from Heathrow to Gatwick or from Europe so once the incoming plane is known to be delayed (it is a 14 hour flight so they should know) it then becomes an operational decision right? There were not many people on the plane that eventually left Gatwick so obviously did not make operational sense to route a different plane for us but then that becomes the airline's decision? Once the airline has said no, is my only recourse then a lawyer? To make things complicated I live in Australia even thought I hold dual UK-Australian nationality... Has anyone successfully taken Cathay to court? Here is the exact reply:

    Thank you for sharing your and your companions’ travel experience.

    Unfortunately, the aircraft scheduled to operate your flight arrived late due to poor weather conditions in Hong Kong. I am sorry that this then delayed the departure of your flight CX354 from London.

    On behalf of Cathay Pacific, I sincerely apologise for the difficulties you experienced as a result of the adverse weather condition affecting flight operations in Hong Kong over the Easter holiday weekend.

    Our intent was to carry as many passengers to their destinations as soon as possible. Regrettably, this was not always possible with the disruption affecting hundreds of flights which were delayed, cancelled or diverted to other airports primarily for the safety of passengers and crew.

    Please allow me to explain that a weather-related delay is considered a “force majeure” and is beyond our control. We do not normally offer any compensation as well as EU compensation in not applicable in such instances. Therefore I am terribly sorry that I am unable to accede to your request for any compensation and may I respectfully advise that you raise this matter to your travel insurer who may be able to assist you further.

    If you need to submit a flight certificate to your travel insurer, you can apply for one at the link below:

    Application for Flight Certificate

    Thank you once again for bringing your concerns to our attention. I very much hope your next experience with us will be more enjoyable.
  • Hi,

    I have booked return flights leaving Dublin to Toronto on 10th September and returning back to Dublin on 23rd October 2019 with air Transat. My return flight has been cancelled and I have been offered a flight 25th October but this does not suit. I am also offered a full refund but I am only being offered a refund for my return flight. I had tried researching if I should be refunded my entire price I paid even though my flight to Toronto is still active. I found the following “According to Article 8 Regulation 261/2004) Regulation 261/2004 provides that you are entitled to a refund of both your outward and return flights if the return flight is cancelled and to a refund of your return flight if you have already flown your outward flight. ”. If this true and should I be asking for a full refund? Thanks for your help!
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Yes you are entitled to a full refund as per the regulation.
    You are also, as an alternative, entitled to re-routing with another airline, at Air Transat's expense, as clearly 48 hours delay is not convenient.
    If they refuse you can book it yourself and claim back the difference.
    (regulars on here would sugest not taking the refund if you go this route, the airlines seem to think giving a refund allows them to wash their hands of you - it doesn't)

    Is there an alternative flight/airline or route you could take that day?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Thanks for the reply. I had sent that regulation to them and this is what they replied “
    Thank you for your email.

    Kindly note that we are aware of applicable regulations and as already explained, here are the three options offered to you:

    1-Accept the new itinerary.
    2-Change travel date(s) or destination, at the new applicable rates* ; without any change penalty.
    3-Cancel your reservation and get a full refund.

    *Please take note that all fare difference must be paid.

    Should you wish to cancel your return flight and keep active your departure flight only, your return would be cancelled and a refund of 156.06GBP for said flight would then be applied to the credit card used on file.”

    They are only offering the cost of my return flight back but not the entire money I paid.
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    If you have sent them a copy of the relevant part of the regulation, ask them why they think they are exempt from complying with the law and your consumer rights?
    There is a similar flight with Air Canada, or an earlier flight with Air lingus as alternatives?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    SJE101 wrote: »
    Hello everyone, I am trying to claim compensation from Cathay Pacific for a delayed flight out of London in April to Hong Kong. The inbound flight was delayed due to 'weather' in Hong Kong. I say 'weather' as many other flights that day were not delayed out of Hong Kong but Cathay can obviously use that line to avoid paying compensation. I've emailed them via Resolver and they are denying my claim in the first instance. Resolver says I have six days to escalate. Is it worth escalating if they have already replied and said no or is the escalation for if they don't reply. In any case my flight from London was not delayed due to weather in London. They could have routed a plane from Heathrow to Gatwick or from Europe so once the incoming plane is known to be delayed (it is a 14 hour flight so they should know) it then becomes an operational decision right? There were not many people on the plane that eventually left Gatwick so obviously did not make operational sense to route a different plane for us but then that becomes the airline's decision? Once the airline has said no, is my only recourse then a lawyer? To make things complicated I live in Australia even thought I hold dual UK-Australian nationality... Has anyone successfully taken Cathay to court? Here is the exact reply:

    Thank you for sharing your and your companions’ travel experience.

    Unfortunately, the aircraft scheduled to operate your flight arrived late due to poor weather conditions in Hong Kong. I am sorry that this then delayed the departure of your flight CX354 from London.

    On behalf of Cathay Pacific, I sincerely apologise for the difficulties you experienced as a result of the adverse weather condition affecting flight operations in Hong Kong over the Easter holiday weekend.

    Our intent was to carry as many passengers to their destinations as soon as possible. Regrettably, this was not always possible with the disruption affecting hundreds of flights which were delayed, cancelled or diverted to other airports primarily for the safety of passengers and crew.

    Please allow me to explain that a weather-related delay is considered a “force majeure” and is beyond our control. We do not normally offer any compensation as well as EU compensation in not applicable in such instances. Therefore I am terribly sorry that I am unable to accede to your request for any compensation and may I respectfully advise that you raise this matter to your travel insurer who may be able to assist you further.

    If you need to submit a flight certificate to your travel insurer, you can apply for one at the link below:

    Application for Flight Certificate

    Thank you once again for bringing your concerns to our attention. I very much hope your next experience with us will be more enjoyable.

    Hi SJE101,

    How long was your delay? Did they offer you any alternative(rerouting) Please give us your itinerary so we can see the full picture and the extent of the delay.

    Please read this earlier post which explains about Extraordinary Circumstances (EC's) and how to get around them when claiming.

    https://forums.moneysavingexpert.com/showpost.php?p=75840280&postcount=5

    Your first port of call, when/if you reach deadlock, should be via their ADR company, if they have one. There is nothing on the CAA website to say they have one so ask Cathay or search their website.

    Also read Vaubans great guide, details just below here.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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