Flight delay compensation, US and Canadian Airlines
Comments
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In that case your claim is against VS for the delay, unless the delay was caused by an EC. Check and online company eg Botts to see if compensation for the VS flight is due.symphony63 wrote: »Let me just put this straight, yes, the UA flight was cancelled the same day as of travel.
The UA flight was scheduled for 18:00 and they booked me on a VS flight at 17:30, which is within the 1 hour, scheduled to arrive approximately the same time as the original UA flight. That the VS flight subsequently had a delay is really out of UA's hands. And the delay was 3hrs 42 min. Or maybe it's just UA's bad luck and I should claim from UA.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
In that case your claim is against VS for the delay, unless the delay was caused by an EC. Check and online company eg Botts to see if compensation for the VS flight is due.
No it's not (unless I have misunderstood the facts). As UA specifically rerouted the OP onto this VS plane, the liability for any delay remains with the airline that arranged the re-routing - not the new airline carrying them. You never paid a fare to Virgin, and only paying passengers qualify for compensation in any case.0 -
I'm not sure the regulations specifically cover this occurrence?
OP may have to take legal action against both for a resolution of this possible conundrum?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
I'm not sure the regulations specifically cover this occurrence?
OP may have to take legal action against both for a resolution of this possible conundrum?
I don't think so - I think it is straightforward. Article 5 spells out the rules regarding rerouting and the entitlement to compensation from the original cancelled airline if the replacement air service does not allow the passenger "to reach their final destination less than two hours after the [original] scheduled time of arrival."
You could argue that the obligation is for the airline to put you on a plane scheduled to land no later than two hours after the original arrival time, but the Regs don't say this.
The OP was rerouted onto an alternative plane, but the delays meant this this did not allow him to reach his destination within two hours. So compensation is justified as a consequence of UA's obligations under Article 5 ("Cancellation").
There is no claim from VS, as he never bought a ticket. I think Article 3 paras 3 and 5 would give Virgin a clear defence from any claim brought.0 -
What about Article 7 Chapter 2 (c),I don't think so - I think it is straightforward. Article 5 spells out the rules regarding rerouting and the entitlement to compensation from the original cancelled airline if the replacement air service does not allow the passenger "to reach their final destination less than two hours after the [original] scheduled time of arrival."
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %
When is it 4 hours and when 2 hours?
But they did re-route me on a flight within the 1 hour limit, so is it either within 1 hour or to arrive before 2 hours? or does it have to be both within 1 hour to arrive no later than 2 hours after original arrival time? This case is within 1 hour but actually arrived later than 2 hours. Or you could argue, true, UA rerouted me within 1 hour but the flight actually left 4 hours later and arrived more than 3 hours later so they are liable under Reg 261.You could argue that the obligation is for the airline to put you on a plane scheduled to land no later than two hours after the original arrival time, but the Regs don't say this
The OP was rerouted onto an alternative plane, but the delays meant this this did not allow him to reach his destination within two hours. So compensation is justified as a consequence of UA's obligations under Article 5 ("Cancellation")..
I think you have a point there. Also, these Regs actually put the burden on UA as the travel contract is still with them.There is no claim from VS, as he never bought a ticket. I think Article 3 paras 3 and 5 would give Virgin a clear defence from any claim brought.0 -
Article 5 determines the right to compensation in light of cancellation, while Article 7 is about the amount of compensation due in these circumstances.
So 5.2.c says you are due compensation if the rerouted flight is more than an hour early on departure or two hours later on arrival than the original scheduled timings (and both conditions apply - note the use of the word "and" in the regs). And 7.2.c notes that, for flights longer than 3,500km, your compensation is halved (to €300) if you arrive between 2 and 4 hours late.0 -
Your claim against UA (via the VS flight) is probably for the delay of the flight in reaching your destination, not the cancellation (as they rerouted you within the specified time frames). Although the cancellation arguement is effective as the rerouted flight was delayed .
I think in your claim you need to make clear that you are claiming a single compensation on both counts to cover all the bases!If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
So, as I understand it now is that either or I am not entitled to more than €300.0
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How long is your flight in km s?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
symphony63 wrote: »So, as I understand it now is that either or I am not entitled to more than €300.
what was the scheduled arrival time of the cancelled UA flight and the actual arrival time of the VS flight...might be simpler looking at arrival times rather than departure given the VS delay
Claim to UA...."I had a flight cancelled that was due to get me to x at XX:XX, you rebooked me on a flight that arrived at YY:YY"
If that is up to 4 hours late then the compensation is €300, if over 4 hours then it is €6000
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