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    • Tyzap
    • By Tyzap 19th Jun 18, 7:00 PM
    • 1,641 Posts
    • 715 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
    • 3,496 Posts
    • 2,230 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
    • 4,189 Posts
    • 1,140 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.........
    • Doublej
    • By Doublej 20th Jun 18, 11:48 AM
    • 2 Posts
    • 0 Thanks
    Doublej
    More info
    Thanks for the quick and inform reply. I will post this on the thread you suggested. Both flights were operated by Iberia which is why I don't understand their rejection of my claim. I included all this information in the original claim - hence my frustration
    • wary
    • By wary 22nd Jun 18, 6:30 PM
    • 704 Posts
    • 314 Thanks
    wary
    Thanks for the quick and inform reply. I will post this on the thread you suggested. Both flights were operated by Iberia which is why I don't understand their rejection of my claim. I included all this information in the original claim - hence my frustration
    Originally posted by Doublej
    Generally speaking ... if a claim is rejected for a reason that just doesn't make sense, the likelihood is that it is their policy to ordinarily reject claims in the first instance, in the hope that you'll be fobbed off and go away.

    As for Iberia specifically, I'm in the process of filing a similar claim against them (arrived late due to first leg being delayed so missed connection), and my research suggests that getting compensation out of them is like blood out of a stone.
    Last edited by wary; 25-06-2018 at 4:48 AM.
    • JPears
    • By JPears 22nd Jun 18, 10:57 PM
    • 4,189 Posts
    • 1,140 Thanks
    JPears
    Which is why there is ESCP to sue through UK courts. Simples. Isha....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • pollypenny
    • By pollypenny 23rd Jun 18, 8:13 AM
    • 24,700 Posts
    • 64,528 Thanks
    pollypenny
    Hi, we were due to fly home from Budapest via Brussels on 27th of May. Checked in on line the day before but 30 mins later had text saying flight from Brussels cancelled. No indication why.

    Just before we left Budapest we discovered that the airline had rebooked on a later flight. ( 21.10 rather than 17.10).

    I applied for compensation under EU rules nearly four weeks ago. Wondering how long the process should take.

    Oops, it was Brussels Airlines.
    Last edited by pollypenny; 23-06-2018 at 8:26 PM.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • legal magpie
    • By legal magpie 23rd Jun 18, 8:36 AM
    • 922 Posts
    • 404 Thanks
    legal magpie
    You haven't said which airline so it's crystal ball gazing.
    • pollypenny
    • By pollypenny 23rd Jun 18, 8:03 PM
    • 24,700 Posts
    • 64,528 Thanks
    pollypenny
    Oops. Brussels Airlines.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • Tyzap
    • By Tyzap 24th Jun 18, 9:48 AM
    • 1,641 Posts
    • 715 Thanks
    Tyzap
    They are in no hurry to give you compensation and will take as long as you allow them.

    Read Vaubans great guide, details below, and send them a LBA

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Jhenrikb
    • By Jhenrikb 25th Jun 18, 1:12 PM
    • 2 Posts
    • 0 Thanks
    Jhenrikb
    Novair refuse claim. Engine fault external
    Tried to claim flight delay money from Novair. Got this answer. Is it !!!!!!!!?

    We refer to your trip with booking number 180307-4930-00 and will with this regret that you got a dull end to your holiday due to flight delay on Novair's route
    NVR 324 from Zakynthos to Oslo.

    Ordinary departure time from Zakynthos on 12 June 2018 at. 12:30
    Current departure time from Zakynthos 12th June 2018 at. 9.22
    Ordinary arrival time to Oslo, 12 June 2018 at. 15.15
    Current arrival time to Oslo on 13 June 2018 at. 0050
    All times are local.

    The delay was, according to the Aviation Authorities and Novair at 9.35 min.

    Reason for delay: Reason for delay: The delay was due to a malfunction of an engine after arrival at Oslo Airport on the evening of 11 June. Before the error was corrected, it was not possible to use the machine for safety reasons. Therefore, extra capacity was taken to operate the flight to Zakynthos, but unfortunately it took a long time before this was clear. The engine underwent thorough investigations, and the manufacturer has checked all the results of the tests. They concluded that the problem was due to a production error, a non-airline relationship and crew control, and the company had no prerequisites for anticipating or initiating measures to avoid. The European Court of Justice finds that certain cases of technical failure, including special manufacturing defects affecting aviation safety, can escape the airline from their responsibility to pay compensation under EU Regulation 261/04. The Packaging Council has also made similar decisions in matters relating to the same. Based on this, there will be no basis for compensation under EU Regulation 261/04 in this case.

    In accordance with the General Terms and Conditions for Package Travel, cf. 8.2, compensation for delay exceeding 8 hours will be paid. This applies to journeys with a duration of between 5 and 8 days. For journeys with a duration of more than 8 days, the delay must exceed 12 hours for compensation to be paid. In case of unforeseen events, the deadlines are doubled. In case of delay on the return journey, no compensation will be paid. The guests were driven to a hotel and care was given in the waiting period.

    On behalf of Apollo and Novair, we regret the inconvenience this delay caused. We still hope you had a nice holiday in Zakynthos and that we are looking forward to seeing you again on a later occasion.
    • Tyzap
    • By Tyzap 25th Jun 18, 1:43 PM
    • 1,641 Posts
    • 715 Thanks
    Tyzap
    Welcome jhenrikb,

    It has already been legally established that technical faults (other than manufacturing defects that require a full fleet recall/grounding) do not allow an airline to refuse compensation.

    You should apply directly to the airline requesting EU261 flight delay compensation. This is what the regs say in your situation...

    2.2.6. Scope of the Regulation in relation to the Package Travel Directive
    Article 3(6) and Recital 16 of the Regulation stipulate that it also applies to flights within a package tour, except where a package tour is cancelled for reasons other than cancellation of the flight. It is also stated that the rights granted under the Regulation do not affect the rights granted to passengers under the Package Travel Directive21.

    Please read Vaubans great guide, details are below.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • RWa01
    • By RWa01 30th Jun 18, 8:56 AM
    • 2 Posts
    • 0 Thanks
    RWa01
    AerLingus Cancellation
    Hi all,

    New to the forums and first post for me!

    Myself and my girlfriend were due to fly back from Dublin to LHR on 23rd June but when we reached the airport we were told the flight was cancelled (there was no prior warning through email / SMS etc. but we were unable to check in online).

    The airline put us up for a night and we took another flight to LHR the next morning.

    Can anyone tell me if we are able to claim any compensation, or perhaps this will be (at least claimed to be) due to the disruption from French air strikes this month...?

    Thanks in advance.
    • Tyzap
    • By Tyzap 30th Jun 18, 9:26 AM
    • 1,641 Posts
    • 715 Thanks
    Tyzap
    Hi all,

    New to the forums and first post for me!

    Myself and my girlfriend were due to fly back from Dublin to LHR on 23rd June but when we reached the airport we were told the flight was cancelled (there was no prior warning through email / SMS etc. but we were unable to check in online).

    The airline put us up for a night and we took another flight to LHR the next morning.

    Can anyone tell me if we are able to claim any compensation, or perhaps this will be (at least claimed to be) due to the disruption from French air strikes this month...?

    Thanks in advance.
    Originally posted by RWa01
    Hi RWa01,

    ATC strike action is classified as an Extraordinary Circumstance (EC) which can allow the airline to escape it's obligation to pay compensation, depending on the exact details.

    Some airline have been known to stretch the truth so it's best to check. After all, you don't fly through French air space on that route and DUB is their main base.

    Try putting your flight details into one or two online flight calculators, such as Botts, go see what they think.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • RWa01
    • By RWa01 30th Jun 18, 2:59 PM
    • 2 Posts
    • 0 Thanks
    RWa01
    Tyzap, I suspected as much. Thanks for the quick reply.

    Not heard of Botts so will give it a try.

    Cheers.
    • thetrooper
    • By thetrooper 3rd Jul 18, 11:48 AM
    • 2 Posts
    • 0 Thanks
    thetrooper
    Norwegian air flight cancelled
    I am travelling to JFK from Gatwick on 12th July and booked to return on 17th July flight at 2300 landing on 18th July. Norwegian cancelled our return flight (they confirmed due to a technical issue 3 weeks before?!). Through our travel agent they offered us a return flight (new flight number) at 11am on 17th which I wasnt happy about due to missing the last day of our holiday and things we had booked. My travel agent has managed to get us on the 2300 flight on 18th July which is great. However, my question is are we due compensation at all? Specifically I would like them to at least foot the bill for the extra night in the hotel and days car park at Gatwick. Thanks in advance
    • Tyzap
    • By Tyzap 3rd Jul 18, 2:14 PM
    • 1,641 Posts
    • 715 Thanks
    Tyzap
    I am travelling to JFK from Gatwick on 12th July and booked to return on 17th July flight at 2300 landing on 18th July. Norwegian cancelled our return flight (they confirmed due to a technical issue 3 weeks before?!). Through our travel agent they offered us a return flight (new flight number) at 11am on 17th which I wasnt happy about due to missing the last day of our holiday and things we had booked. My travel agent has managed to get us on the 2300 flight on 18th July which is great. However, my question is are we due compensation at all? Specifically I would like them to at least foot the bill for the extra night in the hotel and days car park at Gatwick. Thanks in advance
    Originally posted by thetrooper
    If they informed you, 14 days or more, prior to your flight, compensation is not due. Unfortunately, via the EU261 flight delay regulations you cannot claim for any unrelated costs either, such as hotel and car parking.

    That's not to say you cannot claim for those additional cost, just not under EU261 regs.

    You can claim additional costs back via the Montreal Convention or the civil court system.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • thetrooper
    • By thetrooper 3rd Jul 18, 2:57 PM
    • 2 Posts
    • 0 Thanks
    thetrooper
    Thank you. Seems like a rubbish system where they take your money then do what they like!
    • JPears
    • By JPears 3rd Jul 18, 4:32 PM
    • 4,189 Posts
    • 1,140 Thanks
    JPears
    Tyzap, I believe Norwegian are liable for the additional hotel cost under duty of care, due to the cancelled/delayed departure? The 14 days notice only applies to the compensation element.
    If you're new. read The FAQ and Vauban's Guide

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