Compensation for delayed flights Discussion Area

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  • Billy_Boy
    Billy_Boy Posts: 71
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    JohnBJsy

    I'm in a similar position - 5 hr 15 min delay and received £3 voucher. Struggling to find out what the level of compensation should be for a 5 hr+ delay. The regulations appear vague as to the level of compensation - if anyone has any links or info as to what is reasonable I would be much obliged.
  • Compensation is not payable for unforseen delays (eg Technical)

    Food/drink vouchers, phone calls/emails etc must be offered.
  • Billy_Boy
    Billy_Boy Posts: 71
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    Hi there Wiseinvestor

    I realise that there is an element of "subjectivity" but I was influenced by Martin's article on delays / cancellations which states:-

    'The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren’t within the airline’s control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances’.

    Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes, but not technical problems with the aircraft. The general consensus seems to be that these criteria are vague enough that initially many claims may be decided in court, to set a precedent.'

    I was basing my claim on the 'not technical problems with the aircraft' - in my case the pilot would not take-off because of a problem with his seat and they had to get a cable flown in from Amsterdam !

    Regulation (EC) 261/2004 states the compensation should be:-

    'Meals and refreshments in relation to waiting time

    Two free telephone calls, emails, telexes or faxes

    Reimbursement of ticket (if passenger decides not to travel*)'

    My query is whether a £3 voucher is reasonable.

    Billy Boy
  • Billy_Boy wrote:
    My query is whether a £3 voucher is reasonable
    I suppose that depends on the time of day, the availability of food/drink outlets and how much you were able to buy with your voucher - if you were able to get a sandwich and a drink I would say the offer was sufficient.

    Remember that the airline also gave vouchers to the other 100/200/300 passengers so this one delay has cost in excess of £300 even before considering the disruption to their operation. How much pain would an airline bare before leaning on the crew to operate a knowingly unsafe aircraft? Personally, I'd rather sit for 5 hours than get on a plane where the pilot couldn't reach the controls.
  • mystic_trev
    mystic_trev Posts: 5,430
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    Compensation is not payable for unforseen delays (eg Technical)

    Food/drink vouchers, phone calls/emails etc must be offered.

    I was on a Monarch Flight to Luxor last year which had to make an emergency landing at Venice, due to a passenger being taken ill.Once we'd landed we assumed the sick passenger would be taken off and we'd be on our way again. Unfortunately because the aircraft had landed with so much fuel on board it may have damaged the landing gear so a 757 engineer had to be called out to check it. There was no Engineer available at Venice, so Monarch had to fly one down from the UK in an empty Airbus! We finally got on our way about 8 hours latter, and our compensation? A free drink on the Aircraft! Sometimes you have to see things from the Airlines point of view. They did the Right thing for the sick passenger, and yes , it was a total pain for us passengers, but probably cost Monarch in excess of £50,000 - and no, their Insurance wouldn't cover them.
  • gregg1
    gregg1 Posts: 3,148
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    Billy_Boy wrote:
    Hi there Wiseinvestor

    I realise that there is an element of "subjectivity" but I was influenced by Martin's article on delays / cancellations which states:-

    'The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren’t within the airline’s control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances’.

    Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes, but not technical problems with the aircraft. The general consensus seems to be that these criteria are vague enough that initially many claims may be decided in court, to set a precedent.'

    I was basing my claim on the 'not technical problems with the aircraft' - in my case the pilot would not take-off because of a problem with his seat and they had to get a cable flown in from Amsterdam !

    Regulation (EC) 261/2004 states the compensation should be:-

    'Meals and refreshments in relation to waiting time

    Two free telephone calls, emails, telexes or faxes

    Reimbursement of ticket (if passenger decides not to travel*)'

    My query is whether a £3 voucher is reasonable.

    Billy Boy

    I agree with you. I went by Martin's advice which states that extraordinary circumstances does NOT cover technical delays so compensation SHOULD be paid up in the case of a technical delay. However, when I applied for compensation (28 hour delay!) the technical bit was used as an excuse not to pay. What IS the situation, is Martin right or not (I hope he is cos that will mean I can pursue my claim)? And no, a £3 voucher is not reasonable.
  • hollydays
    hollydays Posts: 19,812
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    Any chance of anyone from this site updating us on the implementation of these regulations since they were introduced,particularly re technical fault delays.
  • I'm all for being compensated for this but the majority of the time it's us passengers that cause lengthy delays.

    A plane taking off just 5 minutes late coz they were waiting for a passenger can have a massive knock on effect on later flights and it's near impossible to rectify the situation without canceling flights.

    People think, well it's only a couple of minutes. Yeah it is but do that with every flight leaving somewhere like Heathrow and it's madness!

    I personally would rather see those passengers that cause delays fined instead or banned from flying! :D
  • TNG
    TNG Posts: 6,930 Forumite
    Can someone (Martin?) please provide some clarification on this. The article indicates that you are entitled to compensation for a delayed flight.

    Our flight was subject to a >6 hour delay due to technical problems (a part had to be shipped from Luton in the end)

    We wrote to the flight operator and I quote from the reply

    "Many customers aqre aware that in the event of a delay exceeding five hours you are entitled to cancel your flight with us and make alternative travel arrangements. EU regulation 261/2004 stipulates that we are only rewquired to refund the flight element cost under such circumstances."

    If so, then Martin's article needs updating. If they are pulling my whatsit, could someone let me know and I'll give 'em what for.
    :dance:There's a real buzz about the neighbourhood :dance:
  • hollydays
    hollydays Posts: 19,812
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    Yes,What I have been told is that no-one is "policing" these new laws
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