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    • Tyzap
    • By Tyzap 15th Oct 19, 2:19 AM
    • 2,111 Posts
    • 895 Thanks
    Tyzap
    Looking at potentially going to small claims court.

    I had a flight booked to Abu Dhabi back in November.
    I received notification that the flight was cancelled 7 days before departure, and the alternative flight was for 11 hours later than the original, I should be due Ä600.

    I booked this flight through travel agent GetAFlight, and they were the ones to send me notification of cancellation.

    I first complained to GetAFlight, who stated I needed to claim from the airline (Gulf Air) as they are responsible for schedule changes and compensation claims.

    I complained to Gulf Air who state they sent notification to the travel agent more than a month in advance, however they are unwilling or unable to provide proof of this to me.

    Can a travel agent be liable for compensation under EC 261/2004? Or do I still go after Gulf Air?
    Originally posted by Escorcio
    You claim from Gulf Air, who must be able to prove that they informed you two weeks or more prior to any cancellation to avoid paying compensation. The onus of proof is on them, so even they may be able to prove they told the agent it counts for nothing.

    This is a regular problem with booking agents.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • saime
    • By saime 16th Oct 19, 8:05 PM
    • 1 Posts
    • 0 Thanks
    saime
    Had a delay in July 2015. Claimed from the airline in October 2018. Ukraine International said I passed the 2 year limit. I claimed via Resolver in Feb 2019, the same reply. I escalated to CAA via Resolver in May 2019. No reply at all. What to do next?

    Anyone has any experience or ideas? Thanks in advance.
    • SJE101
    • By SJE101 25th Oct 19, 1:33 AM
    • 6 Posts
    • 0 Thanks
    SJE101
    Update - cathay pacific delay
    Hello All, Just wanted to update as I had multiple conversations with Cathay Pacific refusing to pay out on my *valid* claim. They just kept saying no.

    UPDATE 25 OCTOBER 2019

    I had engaged Bott & Co last month as I was getting nowhere with Cathay and I live in Australia so too hard to do it myself. AND today I received a letter from Bott & Co that Cathay have agreed to pay my claim!! Well obviously I am happy to get something back that will cover my losses and our due compensation but honestly disappointed that Cathay couldn't have just given it up directly. They didn't even go to court so they know they are in the wrong!

    BACKGROUND

    We were delayed 12 hours on a flight with Cathay Pacific out of London to Hong Hong and missed our connecting flight (separate ticket) and had to book a new flight and hotel for the night. I did have travel insurance which covered some of the costs but not all. The reason for the delay given by Cathay was a delay in the incoming flight leaving Hong Kong due to weather (an exempt event) but that is not a valid reason as the delay was not caused by weather at my location. In addition the delay in the incoming plane was 12 hours but all other planes departing at this time were only delayed by 1-2 hours through research on flight radar.
    • JPears
    • By JPears 25th Oct 19, 8:55 AM
    • 4,852 Posts
    • 1,316 Thanks
    JPears
    I would write to the CAA and ask WHY you had had to employ and pay for the services of Botts when you had a perfectly valid claim that Cathay persistantly denied you.
    Their, essentialy unlawful, action has cost you a considerable amount of money.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Shandyandy1969
    • By Shandyandy1969 5th Nov 19, 6:09 PM
    • 3 Posts
    • 0 Thanks
    Shandyandy1969
    Could anybody help please I recently traveled from Birmingham to Bangkok via Doha with Qatar Airways the connecting flight from Doha to Bangkok was delayed 5hours am I entitled to compensation thanks
    • Justice13075
    • By Justice13075 5th Nov 19, 6:35 PM
    • 1,859 Posts
    • 611 Thanks
    Justice13075
    What was the reason for the delay?
    • JPears
    • By JPears 6th Nov 19, 8:54 AM
    • 4,852 Posts
    • 1,316 Thanks
    JPears
    Could anybody help please I recently traveled from Birmingham to Bangkok via Doha with Qatar Airways the connecting flight from Doha to Bangkok was delayed 5hours am I entitled to compensation thanks
    Originally posted by Shandyandy1969
    Download Vauban's guide. Most, it not all, of your anwers will be there.
    Last edited by JPears; 06-11-2019 at 9:51 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Shandyandy1969
    • By Shandyandy1969 6th Nov 19, 3:29 PM
    • 3 Posts
    • 0 Thanks
    Shandyandy1969
    Technical problems
    • fifeken
    • By fifeken 6th Nov 19, 9:18 PM
    • 2,440 Posts
    • 1,274 Thanks
    fifeken
    Technical problems
    Originally posted by Shandyandy1969
    Yes, compensation is due, although they might say no due to the flight affected being outwith the EU, but they're wrong.

    For what it's worth, I just received compensation from QR today, just over two weeks since first getting in touch. Different circumstances from yours but shows they can be quick in dealing with things at times.
    • Shandyandy1969
    • By Shandyandy1969 8th Nov 19, 3:04 PM
    • 3 Posts
    • 0 Thanks
    Shandyandy1969
    Just heard Iím getting Ä600 each thanks
    • SJE101
    • By SJE101 19th Nov 19, 11:22 PM
    • 6 Posts
    • 0 Thanks
    SJE101
    Hello All, Just wanted to update as I had multiple conversations with Cathay Pacific refusing to pay out on my *valid* claim. They just kept saying no.

    UPDATE 25 OCTOBER 2019

    I had engaged Bott & Co last month as I was getting nowhere with Cathay and I live in Australia so too hard to do it myself. AND today I received a letter from Bott & Co that Cathay have agreed to pay my claim!! Well obviously I am happy to get something back that will cover my losses and our due compensation but honestly disappointed that Cathay couldn't have just given it up directly. They didn't even go to court so they know they are in the wrong!

    BACKGROUND

    We were delayed 12 hours on a flight with Cathay Pacific out of London to Hong Hong and missed our connecting flight (separate ticket) and had to book a new flight and hotel for the night. I did have travel insurance which covered some of the costs but not all. The reason for the delay given by Cathay was a delay in the incoming flight leaving Hong Kong due to weather (an exempt event) but that is not a valid reason as the delay was not caused by weather at my location. In addition the delay in the incoming plane was 12 hours but all other planes departing at this time were only delayed by 1-2 hours through research on flight radar.
    Originally posted by SJE101
    UPDATE 20 NOVEMBER

    Money in bank account from Bott & Co! Why oh why Cathay did you not pay up? I might ask them!
    • JPears
    • By JPears 20th Nov 19, 8:49 AM
    • 4,852 Posts
    • 1,316 Thanks
    JPears
    And a complaint to the CAA.
    Cathay have clearly denied you compensation, unlawfuly. It has no cost you a considerable proportion of your compensation to force the money out of them when they should have paid up in the first place.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • anshu83
    • By anshu83 3rd Jan 20, 5:34 PM
    • 1 Posts
    • 0 Thanks
    anshu83
    Advice on the next steps
    My wife had travelled with our kids to India in October 2019 through Qatar Airways. The flight was from London Gatwick via Doha to Nagpur (India). The Gatwick flight was delayed by more than 1 hour 42 minutes and they missed the connecting flight from Doha. Qatar Airways changed their tickets to the next day's flight without asking them even though there was 30 mins left for them to catch their flight. They finally arrived in Nagpur 24 hours late. I complained for compensation through Resolver but have got a response from them that the delay was due to Air Traffic Services and weather conditions. I am sure there were no issues with weather on that day in Gatwick as I dropped them there more than 3 hours before the departure and was around the airport for another couple of hours. The main reason for delay was the late arrival of the incoming flight into Gatwick and delays in Boarding of passengers as my wife and kids were sat in their seats for more than 2 hours before the plane took off.


    I have written to CAA but it has been more than a month without any response. Is it now time to go down the legal route? or is there a way to get a quick response from CAA? Any help or advice would be greatly appreciated. Thanks in advance

    • Caz3121
    • By Caz3121 3rd Jan 20, 6:05 PM
    • 12,602 Posts
    • 8,226 Thanks
    Caz3121
    my wife and kids were sat in their seats for more than 2 hours before the plane took off.
    Originally posted by anshu83
    that could well signify Air Traffic restrictions (possibly caused by weather) airlines like to leave when the flight is boarded but to do so they need to have clearance from air traffic.
    The weather does not necessarily have to have been bad at Gatwick it could have been anywhere on the flight path route.
    you can try the flight details in EUClaim and bottonline to see what they say
    • Sir Caramel
    • By Sir Caramel 15th Jan 20, 2:08 PM
    • 3 Posts
    • 0 Thanks
    Sir Caramel
    Claim Against American Airlines - Grateful for any help!
    Hello. Iím wondering if anyone can help with working out whether I can claim compensation or not. Iíve been looking through various websites and the FAQ here and Vauban's Guide, but Iím getting a little confused. If anyone can clarify things, Iíd be extremely grateful.

    My family of 4 (2 adults, 2 children) were returning to our home in Kuala Lumpur, Malaysia after spending Christmas and the New Year in St. Louis, USA. We are all UK nationals and the rest of my family have dual nationality, also having US passports, but we are currently residing in KL.

    My confusion stems from the fact that there is an EU part of our itinerary and our flights out of London were appreciably delayed in respect to our original itinerary.


    Our original return itinerary was:


    Friday 03 January 2020
    American Airlines Flight AA1381
    Depart - Lambert St. Louis 12.46
    Arrive Ė Dallas/Forth Worth 14.49

    Friday 03 January 2020
    American Airlines Flight AA80
    Depart - Dallas/Forth Worth 17.20
    Arrive Ė London Heathrow 08.55 on 4/1/2020

    Saturday 04 January 2020
    Malaysia Airlines Flight MH3
    Depart - London Heathrow 10.25
    Arrive Ė Kuala Lumpur International 07.15 on 5/1/2020



    What actually happened:

    Friday 03 January 2020
    American Airlines Flight AA1381
    Depart - Lambert St. Louis 12.46
    Arrive Ė Dallas/Forth Worth 14.49

    Saturday 04 January 2020
    American Airlines Flight AA80 (flight delayed to next day)
    Depart - Dallas/Forth Worth 20.00
    Arrive Ė London Heathrow 11am(ish) on 5/1/2020

    Sunday 05 January 2020
    Qatar Airlines Flight QR4 (No onward-booked flight so took this one)
    Depart - London Heathrow 10.25
    Arrive Ė Doha 01.00(ish) on 6th Jan

    Monday 06 January 2020
    Qatar Airlines Flight QR848
    Depart -Doha 3.10
    Arrive Ė Kuala Lumpur 3pm (ish) on Monday 6th January

    Delay from original itinerary Ė 32 hours.


    The more detailed story of what actually happened:

    Friday 3rd Jan

    Our first flight (STL to Dallas) went smoothly. AA staff asked for people to check in hand luggage if possible, as they were concerned about cabin space. They said the checked-in hand luggage would arrive at our final destination free of charge. I checked mine in.

    However, after arriving in Dallas, there were delays to our connecting flight to London. The staff kept delaying the boarding time at the gate. We eventually found that there seemed to be a mechanical/technical issue with the plane. The AA staff finally announced that they would bring in another plane. A trolley was brought over filled with snacks and drinks for passengers. When the second plane docked at the gate, FBI and police moved in. It seemed that one of the passengers had died on the flight into Dallas (RIP). They wheeled her out covered up on a stretcher through the gate (which I thought was crazy Ė Iím glad my children didnít see that). We waited till about 9pm and were finally told that the flight was now cancelled for that day. An issue with getting new crew at such a late hour, I heard. They would reschedule for the next day.

    We were told to expect an email that would allow us book into a hotel for the night. A hundred or so people hadnít received the email so we lined up to receive our hotel and food vouchers for the night. The line was incredibly slow. As we neared the desk, the line stopped. We were told the system was down and we would have to wait for it to come back up.

    We had had an overnight stay in Dallas before, because of AA and our children finally got into bed at 2am after a protracted wait for AA to get their act together then a 20 mile bus drive out to some far-flung hotel.

    Not wanting a repeat of this, we booked into a hotel in the airport itself after asking if we could get reimbursed later instead of waiting around for possibly hours for a system to come back online.

    Saturday 4th Jan
    Our new flight, also called AA80, was scheduled for roughly 3.50pm. We managed to get our $12 each meal vouchers that was supposed to cover us for dinner, breakfast and lunch. We also got our onward flight from London to Kuala Lumpur rebooked.
    Of course the flight didnít leave at the stated time. It took a US cop to come over and reveal that there was a technical issue with a door. The rest of the AA staff just played dumb. After the reveal, the pilot came over and clarified the situation as best he could.

    A sandwich, snacks and drinks trolley was provided as we waited.

    I went to the AA desk to rebook our on-going flight to Kuala Lumpur, as we would now not be able to make it. The man at the AA desk assured me that the new flights would already be booked and an agent would be holding our new boarding passes for us as soon as we stepped off the plane in London.

    The passengers were finally told that if the issue couldnít be fixed and we all werenít able to board by 8/8.15 pm, we would lose the last launch slot and the next flight out would be in 3 days! After the plane was given the all clear we finally boarded around 8pm.


    Sunday 5th Jan
    We arrived in London around 11am. An agent was greeting transit passengers and giving them boarding passes for new on-going flights. Of course they didnít have any boarding passes for us. If fact, along with a few other long-haul passengers, they didnít even have us on the passenger list.

    We went to the AA desk who informed us that the next Malaysia Airlines flight would be the next day. Our children were already dead on their feet, but we couldnít really take another day as my wife had already missed an important work session she was supposed to have led. Luckily, the ladies at the desk found spaces for us on Qatar Airlines. It meant seats all over the plane and an extra stop at Doha, but it worked better than another night away. And the flight was leaving in just two hours. The kind ladies also gave us quite a few meal vouchers Ė they could see we were pretty frazzled!

    Got to the Qatar gate, where a very courteous Qatar staff member managed to rearrange seats at the very back so our children could lie down and sleep on the London-Doha leg. Unfortunately, AA hadnít categorised my checked-in hand luggage properly (the one I handed in when they made a call-out to check in cabin baggage back in St. louis), so I was forced to pay £65 for it as excess baggage.

    Monday 6th Jan
    Arrived in Doha and the staff there managed to give us new boarding passes where at least each child would be sitting near or next to a parent. Very kind of them to do so. The final flight left without a hitch and touched down in Kuala Lumpur at 3pm. One of our cases was cracked and dented, but we had no strength left to look for airport officials to make a claim there and then. We took photos of the luggage then got a Grab (like Uber) home and slept!

    The total delay in reaching our final destination was around 32 hours. Do we have grounds to claim compensation?
    • Caz3121
    • By Caz3121 15th Jan 20, 3:02 PM
    • 12,602 Posts
    • 8,226 Thanks
    Caz3121
    my confusion stems from the fact that there is an EU part of our itinerary and our flights out of London were appreciably delayed in respect to our original itinerary.
    Originally posted by Sir Caramel
    your flight leg departing the UK departed on time and was neither delayed or cancelled. The reason you were not able to travel on this flight was due to your AA flight delay which, as a non-EU airline on a flight departing outside the EU is not covered by EU261 (irrespective of the reason for delay)
    You could see if your travel insurance has any coverage for delays and a complaint to AA may see you being offered some FF miles
    • Sir Caramel
    • By Sir Caramel 16th Jan 20, 3:20 AM
    • 3 Posts
    • 0 Thanks
    Sir Caramel
    Thank you for your reply, Caz3121. You mentioned that "your flight leg departing the UK departed on time and was neither delayed or cancelled." I'd be grateful if you could expand further on that point.



    My flight leg departing the UK was delayed, in respect to our original itinerary. If the flight you were supposed to take in the UK (and indeed subsequent rebooked flights) is no longer available because the incoming flight has been delayed, isn't that an issue? Or does the new flight they book you on in Heathrow, because of flight cancellations and delays coming into the UK, also have to have it's own delay? That sounds a little crazy.


    I would have thought the idea of 'delay', 'cancellation' or 'rebooking' would be in respect to the original itinerary. Is this not the case?


    Thanks again for your time.
    • Caz3121
    • By Caz3121 16th Jan 20, 6:52 AM
    • 12,602 Posts
    • 8,226 Thanks
    Caz3121
    Thank you for your reply, Caz3121. You mentioned that "your flight leg departing the UK departed on time and was neither delayed or cancelled." I'd be grateful if you could expand further on that point.

    I was referring to MH3 on the 4th January which you were originally booked on and took off on time on the day as per it's schedule. - you have no case to claim delay compensation from MH
    Your replacement flight QR4 on 5th January also departed as per schedule - you have no case to claim delay compensation from QR


    My flight leg departing the UK was delayed, in respect to our original itinerary. If the flight you were supposed to take in the UK (and indeed subsequent rebooked flights) is no longer available because the incoming flight has been delayed, isn't that an issue? Or does the new flight they book you on in Heathrow, because of flight cancellations and delays coming into the UK, also have to have it's own delay? That sounds a little crazy.


    I would have thought the idea of 'delay', 'cancellation' or 'rebooking' would be in respect to the original itinerary. Is this not the case?
    Originally posted by Sir Caramel
    You are correct that delay is measured on original arrival time versus actual arrival time
    Any claim is from the airline airline responsible for the delay. In your case this was American due to the AA80 being delayed to the following day causing other flights needing rebooked
    Had your DFW-LHR flight been on a BA aircraft and the same thing happened...technical problem, delayed overnight, rebooked flights, arrived late at final destination....you would have been due €600 from BA as they are an EU carrier so must pay under EU261
    As AA are not an EU carrier, EU261 compensation only applies on their flights that depart the EU.
    • Sir Caramel
    • By Sir Caramel 18th Jan 20, 3:20 AM
    • 3 Posts
    • 0 Thanks
    Sir Caramel
    Ok, that's very clear. Thank you for all your time and help in clarifying the situation.
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