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    • Mr Nibz
    • By Mr Nibz 14th Jun 18, 10:40 PM
    • 10 Posts
    • 1 Thanks
    Mr Nibz
    Resolution to EnterAir issue
    Well despite what others may say I have to congratulate the CAA on their handling of my issue. All has now been resolved to my (and I must presume EnterAirs) satisfaction. Not able to say any more lest I get myself in any trouble with the NDA. Anyone still having issues, try the CAA and submit as much info and documentation as you can to help them with the case, but be prepared for a bit of a wait while they work their magic. Regards Mr Nibz
    • pumba23
    • By pumba23 19th Jun 18, 11:41 AM
    • 2 Posts
    • 0 Thanks
    pumba23
    Hi All

    I have quite a niche question.

    About 2 weeks ago, I was due to fly back from a stag-do in Hamburg to Bristol (via Brussels) with Brussels Airlines. Unfortunately, due to a massive short circuit at the airport, the entire power grid of the airport closed down and my flight (at 7pm in the evening) was cancelled, eventually, at 6pm (along with all other flights).

    The kicker was that I needed to be back in the UK that evening because I had a family holiday which I was due to a fly out on the day after - departing at lunch time from London to Marseille. Hamburg Airport wasn't guaranteed to be open the next day, and all early flights to London from 'nearby' airports (like Berlin) were booked up by people who had had their flights cancelled sooner.

    I ended up having to go straight to Marseille on a train from Hamburg (16 hours from north Germany to South France, probably very scenic and nice if I hadn't been hungover and grumpy about the whole situation). The incident has led to me being over 300 out of pocket (90 to tell British Airways - who I was flying with the next day - that I couldn't make the outgoing flight, and therefore change my booking to a return only, and 220 for the train).

    I know I am entitled to a flight refund from Brussels Airlines for the cancelled flight, no matter what. I may also be entitled to some basic amenities such as the taxi back from the airport and the hostel I stayed in overnight. However, I don't think I'm entitled to compensation as it would be classed as an 'extraordinary circumstance' - it was the airport's failure and it was out of their hands.

    My question is whether or not I can claim compensation from the airport for their failure to maintain their systems properly (in a similar way in which an airline would be liable if their systems had failed)?

    Many thanks in advance
    • jpsartre
    • By jpsartre 19th Jun 18, 12:00 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    My question is whether or not I can claim compensation from the airport for their failure to maintain their systems properly (in a similar way in which an airline would be liable if their systems had failed)?
    Originally posted by pumba23

    Not under EU261.
    • JPears
    • By JPears 19th Jun 18, 1:02 PM
    • 3,873 Posts
    • 1,068 Thanks
    JPears
    What were you offered in terms of re-routing by Brussels Airline. They still have that duty of care under regualtion. Which may mean you can claim your rail fare as this was your own route home that was convenient to you. They don't need to know that you never actually got back to UK?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jpsartre
    • By jpsartre 19th Jun 18, 1:17 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    Surely you're not suggesting that duty of care obligates an airline to pay for train transport to Marseilles for a passenger booked to fly to Bristol?
    • slinga
    • By slinga 19th Jun 18, 1:26 PM
    • 1,155 Posts
    • 239 Thanks
    slinga
    Five of usin our group were delayed over 4 hours on Easyjet from Bristol a few years ago, ostensibly because of a fire in the baggage handling area.


    All other flights were back in operation after an hour or so except our flight which as I say was over 4 hours delayed.
    I suspect that Easyjet thought the delay would be a long one and decided to send our plane off somewhere else and then couldn't get a plane or crew available until much later.


    Seems a straight forward case of deserved compensation for all passengers on our flight but 'we never got nothing, mate'.
    It's your money. Except if it's the governments.
    • jpsartre
    • By jpsartre 19th Jun 18, 1:33 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    I suspect that Easyjet thought the delay would be a long one and decided to send our plane off somewhere else and then couldn't get a plane or crew available until much later.
    Originally posted by slinga

    If that's correct, I agree that you are due compensation. Are you asking how to proceed with your claim? What have you done so far?
    • kempstar
    • By kempstar 19th Jun 18, 3:25 PM
    • 137 Posts
    • 14 Thanks
    kempstar
    I am in Moscow airport after a very long delay and disgraceful handling by BA. I am too tired to write full details at the moment.

    But in short, my 4pm flight yesterday was delayed. I spent another night in Moscow. It was supposed to go at 3pm today. By 4pm, it still hadnt gone. Rather than get people on todays 4pm flight, BA allowed passengers with tickets for todays 4pm flight to board, then cancelled yesterdays flight. We then got an email offering us a seat on the 6.25pm flight.

    Can I claim compensation for the delay, AND the cancellation? There were plenty of empty seats on todays 4pm flight, as my friend was on that one. When I asked the BA staff they first said the flight was fully booked, when I showed them a picture of the empty seats, they changed their mind and said that there was a technical reason that they couldnt let us on the flight!
    • Tyzap
    • By Tyzap 19th Jun 18, 3:44 PM
    • 1,502 Posts
    • 672 Thanks
    Tyzap
    It will depend upon the reason for your initial delay but you cannot claim twice for the same delay unless you were re routed onto a different flight which was also then delayed.

    However, they have 'shot themselves in the foot' by not returning you at the earliest opportunity, as your photo will prove.

    It seems a valid claim to me.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • darrencoco
    • By darrencoco 19th Jun 18, 3:47 PM
    • 2 Posts
    • 0 Thanks
    darrencoco
    delayed or cancelled?
    hi, i just had a ryanair flight from stanstead to montenegro. we boarded the plane and sat at the gate for an hour, then they told us there was a technical fault so we had to change to another plane. we were sent back into departues for another hour, then boarded a different plane. we then sat at the gate for another hour and 25 mins. we eventually took off 3 hours 25 mins late and finally arrived at montenegro 2 hours 57 mins later than the expected original flight should have.

    is this a delayed flight or a cancelled and rescheduled flight

    if delayed its just under 3 hours so no compensat!on but if it was cancelled and rescheduled then i'm due compensatiom....which is it?

    any opinions/facts to help me?

    Darren
    • slinga
    • By slinga 19th Jun 18, 3:50 PM
    • 1,155 Posts
    • 239 Thanks
    slinga
    If that's correct, I agree that you are due compensation. Are you asking how to proceed with your claim? What have you done so far?
    Originally posted by jpsartre
    I submitted the claim using Martin's template.
    It was rejected, I think 4 years ago.
    Easy jet said the delay was due to the fire. Yes initially I have to agree. But other airlines were flying again an hour later whereas we had to wait 4 plus hours with Easyjet.

    I just noted it again for the OPs info.
    I'm sure we had a justified case but there you go.
    It's your money. Except if it's the governments.
    • darrencoco
    • By darrencoco 19th Jun 18, 3:59 PM
    • 2 Posts
    • 0 Thanks
    darrencoco
    reply to slinga
    hi, i just got as far as reading through the info on MSE. I'm fine with what i need to do to claim but wanted some clarification as to whether i had a claim or not based on the different rules for delay vs cancellation.

    I will definately claim, just wanted to see if any others agree with us before submitting.


    Thanks for your prompt reply...appreciated
    • JPears
    • By JPears 19th Jun 18, 4:33 PM
    • 3,873 Posts
    • 1,068 Thanks
    JPears
    Surely you're not suggesting that duty of care obligates an airline to pay for train transport to Marseilles for a passenger booked to fly to Bristol?
    Originally posted by jpsartre
    The passenger may have found an alternative route home via Marseille airport .
    As he states the nearby airports had no other flights. I don't think the regulation states a limit or dictates a route a person has to take to get home. I have travelled to the French Alps by going way past to Milan then back again as it was more convenient.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 19th Jun 18, 4:47 PM
    • 1,502 Posts
    • 672 Thanks
    Tyzap
    hi, i just had a ryanair flight from stanstead to montenegro. we boarded the plane and sat at the gate for an hour, then they told us there was a technical fault so we had to change to another plane. we were sent back into departues for another hour, then boarded a different plane. we then sat at the gate for another hour and 25 mins. we eventually took off 3 hours 25 mins late and finally arrived at montenegro 2 hours 57 mins later than the expected original flight should have.

    is this a delayed flight or a cancelled and rescheduled flight

    if delayed its just under 3 hours so no compensat!on but if it was cancelled and rescheduled then i'm due compensatiom....which is it?

    any opinions/facts to help me?

    Darren
    Originally posted by darrencoco
    Hi Darren,

    This will be classed as an aircraft substitution, not a cancellation.

    For a valid claim you would need to be 3 hours late AT 1ST DOOR OPENING upon arrival. That timing will be crucial to your claim.

    If it was just under by even 1 minute, no claim.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • pumba23
    • By pumba23 19th Jun 18, 5:45 PM
    • 2 Posts
    • 0 Thanks
    pumba23
    Not under EU261.
    Originally posted by jpsartre
    Thanks - I thought it would be unlikely under that. I wasn't sure if there was any legislation floating about for which would pin blame on airports for failures.
    • kev100
    • By kev100 19th Jun 18, 6:44 PM
    • 76 Posts
    • 83 Thanks
    kev100
    Cancelled Ryanair flight, how to take to court
    Very briefly had a cancelled Ryanair flight back to UK, was 3 days before I could get the earliest Ryanair flight back, so chose to fly back with another airline which was 2 days later, and booked tickets (at cost to me) .. did not use Ryanair options in their email, but contacted them to tell them there were no suitable Ryanair flights and I would be making other arrangements, which they confirmed was ok to do.

    Had 2 day accommodation expenses, plus food and the flight costs, sent my receipts into Ryanair for accommodation, food and the return flight (which I am entitled to under EU261/2004 as a duty of care refund from the airline)

    As expected Ryanair wrote back saying full and final settlement of 41 (which was the difference in cost between the Ryanair flight and the third party flight I had to take) ... I wrote back asking them to explain why they had not included the accommodation and food expenses, and that the 41 did not take into account the cost of the cancelled flight that had not been refunded.

    They wrote back offering a refund of 101 which was the cost of the cancelled flight, again no mention of accommodation costs and food costs.

    Wrote to the UK CEO twice and have been ignored (again expected).

    I have informed both the CEO and the refunds department that I do not accept their settlements and any money received that they send will be immediately returned until I get full satisfaction that all the costs they are obliged to pay are received by my bank.

    Now usually at this point I would take a UK Company to the Small claims court to recover the money .. but as Ryanair is an Irish company I am assuming I cannot use the moneyclaim online service.

    So my question ... how do I take Ryanair to court, Can I use the moneclaim online service in the UK .. is there an option in Ireland I can use similar to moneyclaim online .. (I did read somewhere that it was possible to use moneclaim online against Ryanair, but can't seem to find that info now, but I could be mistaken)

    p.s., flight cancellation was due to a French ATC strike, so I know I am not entitled to compensation .. only duty of care costs.

    Thanks in advance for info.
    • Tyzap
    • By Tyzap 19th Jun 18, 7:00 PM
    • 1,502 Posts
    • 672 Thanks
    Tyzap
    Go to post 569 on the Ryanair thread to read how to sue them safely.

    Please copy and paste your post, plus any further questions there too.

    Thanks.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 19th Jun 18, 7:26 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    The passenger may have found an alternative route home via Marseille airport .
    Originally posted by JPears

    Yeah but he didn't, he went to holiday in Marseille (?) Maybe you're just being tongue-in-cheek but I don't want the poster to get the impression that he would be legally entitled to a free train trip to his holiday destination because he would be laughed out of court should he try to pursue it. That's not to say he can't ask for a goodwill gesture from Brussels Airlines of course.
    • Doublej
    • By Doublej 20th Jun 18, 11:04 AM
    • 2 Posts
    • 0 Thanks
    Doublej
    12 hour delay. Iberia refuses compensation
    Hi. We flew to Argentina in February this year to visit our son. Booked return flights with BA. Outbound was via Madrid and operated by Iberia. The outgoing flight from Manchester took off over two hours late so we missed our connection. Iberia out us up in a cheap hotel overnight and got us onto the next plane which arrived in Buenos Aires 12 hours later than our original booking. The first flight was delayed because of a 'technical difficulty' on the plane so it was delayed to Manchester, according to Iberia staff. I put in a compensation claim using the Resolver tool. Iberia delayed responding but eventually rejected the claim as my flight was delayed 'due to the delay of an earlier flight'. Surely this is a clear case for compensation! Iberia have already accepted responsibility by putting us up in a hotel overnight! Can anyone help or advise me? I'm really frustrated and angry by their final stance.
    • JPears
    • By JPears 20th Jun 18, 11:21 AM
    • 3,873 Posts
    • 1,068 Thanks
    JPears
    Welcome.
    First of all you need to repost on either the Iberia specific thread, if there is one (search forum) or on the "Other EU airlinies" thread. Posting your personal new thread makes it difficult to naviagate for all users of the board and it will inievitably get lost much lower down the board.
    It would appear you may be due compensation.
    Were both flights with Iberia - Man- Madrid then Madrid to Bu Aires?
    A "technical difficulty" is not usually an EC, especially when it concerns a previous flight.
    Any compensation will be based on the full journey, so more than likely E600 each.
    You need to:
    1. Download Vauban's super informative guide for progressing.
    2. Put your flights into an online cheecker, such as Botts.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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