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    • Caz3121
    • By Caz3121 8th Jul 18, 10:41 AM
    • 11,319 Posts
    • 7,422 Thanks
    Caz3121
    Hi thanks for your reply. The holiday was booked through First Choice, they supplied the flights as a package therefore I thought I should contact them first.
    Originally posted by Oldrocker
    EU261 claims are against the operating airline of the delayed/cancelled flight so your claim should be against Smart Wings (I expect that will be the eventual response from First Choice)
    • pollypenny
    • By pollypenny 8th Jul 18, 12:42 PM
    • 24,200 Posts
    • 63,173 Thanks
    pollypenny
    EU261 claims are against the operating airline of the delayed/cancelled flight so your claim should be against Smart Wings (I expect that will be the eventual response from First Choice)
    Originally posted by Caz3121


    I am waiting for a response from Brussels Airlines after our flight was cancelled, no reason given so I suspect we were bumped.

    As the flight was part of a package, I am wondering what the method of compensation will be.
    Member #14 of SKI-ers club

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

    (Pity they are mangled by this autocorrect!)
    • Singh23
    • By Singh23 10th Jul 18, 11:43 AM
    • 31 Posts
    • 4 Thanks
    Singh23
    Urgent: Flight Delayed before Departure Date, Vueling
    Booked a flight from LGW to BCN on 19/02/18 through Expedia.

    Date of Change - Departure Time (Flight Number)
    19/02/18 - 14:40 (7827)
    11/04/18 - 15:25 (7827) - Notified by email & changed by airline
    11/04/18 - 14:10 (????) - Changed by me
    ??/??/18 - 16:05 (7829) - No notification email from airline

    Am I due any recourse? BA (Vueling's parent company) describes a significant delay as 2 hours+. My delay is 1h55m.

    An airline rep over the phone said the most recent change has kept the same flight number. I'm not sure and I have no way to verify this.

    Additionally, I did not receive any notification from the airline about the most recent change. According to the MSE article, "The CAA says airlines should always tell passengers at least 14 days in advance."
    Last edited by Singh23; 10-07-2018 at 11:48 AM.
    • jpsartre
    • By jpsartre 10th Jul 18, 12:47 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    Am I due any recourse?
    Originally posted by Singh23

    When is your flight and what sort of recourse are you looking for? Changing your flight, cancelling, compensation, something else? If the flight has been cancelled you are entitled to a refund or a change to a different flight, if it has merely been schedule changed you need to check Vueling's T&C. The 2 hour limit is fairly standard for refunds although many airlines are happy to move you to a different flight if requested. In general, delay compensation under EU261 only kicks in for delays over 3 hours.
    Last edited by jpsartre; 10-07-2018 at 12:51 PM.
    • Singh23
    • By Singh23 10th Jul 18, 12:57 PM
    • 31 Posts
    • 4 Thanks
    Singh23
    When is your flight and what sort of recourse are you looking for? Changing your flight, cancelling, compensation, something else? If the flight has been cancelled you are entitled to a refund or a change to a different flight, if it has merely been schedule changed you need to check Vueling's T&C. The 2 hour limit is fairly standard for refunds although many airlines are happy to move you to a different flight if requested. In general, delay compensation under EU261 only kicks in for delays over 3 hours.
    Originally posted by jpsartre
    Flight is on 14/07/18. They've since offered to change the flight to an earlier one. I guess I need to check if my 2:10pm was cancelled as I'd be due compensation - is there any way to confirm the planned flight time history of my most current flight number? (I don't have a confirmation email for the 2:10pm)
    • jpsartre
    • By jpsartre 10th Jul 18, 1:12 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    I guess I need to check if my 2:10pm was cancelled as I'd be due compensation
    Originally posted by Singh23

    Only if the alternative offered gets you to your destination 2 hours later than your originally scheduled arrival time.
    • Singh23
    • By Singh23 10th Jul 18, 1:36 PM
    • 31 Posts
    • 4 Thanks
    Singh23
    Only if the alternative offered gets you to your destination 2 hours later than your originally scheduled arrival time.
    Originally posted by jpsartre
    If the flight number has changed, then it's a cancelled flight? Also, the delay is 1h55...
    • jpsartre
    • By jpsartre 10th Jul 18, 1:42 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    If the flight number has changed, then it's a cancelled flight? Also, the delay is 1h55...
    Originally posted by Singh23

    A cancelled flight (even if cancelled for non-extraordinary reasons) does not qualify for compensation if the airline can reroute you in a way that allows you to depart less than 1 hour earlier than originally scheduled and gets you to your destination less than 2 hours later than originally scheduled. See article 5.1.c.iii of EU261.
    • wexford bohs
    • By wexford bohs 10th Jul 18, 2:17 PM
    • 1 Posts
    • 0 Thanks
    wexford bohs
    Aer Lingus
    I was due to fly from San Fancisco to Dublin 6 weeks ago that was cancelled after the man towing the plane to the gate hit the terminal wall !!!!

    The flight did not leave until a day & 1/2 later. I have applied to Aer Lingus for the mandatory Ä600 compensation. Its just gone past the max waiting time of 6 working weeks for a reply and still I can't get a response despite multiple claims it's been prioritised.

    Is there any chance Aer Lingus try and claim this is an extraordinary event out of their control and refuse to pay the compensation?
    • Westin
    • By Westin 10th Jul 18, 4:49 PM
    • 1,393 Posts
    • 1,032 Thanks
    Westin
    I would think that the ground staff towing the aircraft into a wall was (hopefully) not a regular occurrence and therefore was extraordinary in delay terms.

    EI should have provided a Duty of Care with meals, refreshments, overnight accommodation- but I would think that they would claim the reason for the delay was extraordinary and therefore no compensation due.
    • legal magpie
    • By legal magpie 10th Jul 18, 5:03 PM
    • 890 Posts
    • 392 Thanks
    legal magpie
    I don't agree. The airline clearly has a right to claim against the airport authorities not only in respect of delays to passengers but also for its own losses. It will be a massive claim and anything that they pay passengers will be part of it. Go for it.
    • Justice13075
    • By Justice13075 10th Jul 18, 5:50 PM
    • 1,239 Posts
    • 480 Thanks
    Justice13075
    Agree with legal magpie
    • JPears
    • By JPears 10th Jul 18, 5:58 PM
    • 3,857 Posts
    • 1,063 Thanks
    JPears
    Agreed.....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jpsartre
    • By jpsartre 10th Jul 18, 6:58 PM
    • 3,330 Posts
    • 2,146 Thanks
    jpsartre
    The airline clearly has a right to claim against the airport authorities not only in respect of delays to passengers but also for its own losses.
    Originally posted by legal magpie

    They can of course but that has no bearing on the right to EU compensation. If the passenger has a right to compensation (and likewise, if they do not), they have that right (or do not have that right) regardless of what the airline may be able to pursue elsewhere
    • Sportacus
    • By Sportacus 13th Jul 18, 4:51 PM
    • 140 Posts
    • 42 Thanks
    Sportacus
    I finally got the refund. As regards compensation, they have clearly made a clerical error, in their reply to my application for EU compensation they said I wasn't entitled to compensation because the flight had been cancelled more than two weeks before departure. I replied asking them to check their records because the flight was cancelled two hours before departure (I hadn't even booked the flight two weeks before), and I've heard nothing since. This was two weeks ago now.
    • Justice13075
    • By Justice13075 13th Jul 18, 5:32 PM
    • 1,239 Posts
    • 480 Thanks
    Justice13075
    Send them a letter before action giving them 14 days to pay if after 14 they haven't paid days sue them
    • peter_333
    • By peter_333 13th Jul 18, 6:41 PM
    • 67 Posts
    • 15 Thanks
    peter_333
    ...
    I'm travelling to Lisbon next week for a holiday, and Iíve received an email from TAP Portugal to alert me that my returning flight has a "schedule change" (this is 10 days before the scheduled return).
    ...
    Originally posted by peter_333
    Update on my compensation claim with TAP...

    It is now 8 weeks since I submitted my compensation claim for this cancelled flight with TAP and it is not resolved.

    - After 3 weeks I rang to seek an update and was told to wait a minimum of 28 days.
    - After 28 days I rang again and was told, "No, we meant 28 working days, so you must wait 6 weeks."
    - After 6 weeks I was told, "Sorry there's no update, but I'll submit a request to prioritise your case. Please ring back in a week if you don't hear anything."
    - After 7 weeks I was told, "We have thousands of complaints to work through, so you need to give us more time. I'll submit another prioritisation request, and please ring back in a week."
    - Today (now 8 weeks on) I rang again and was told that there's no update, but the agent would request her supervisor to contact me with an update before the ned of the day. I was assured that I would definitely hear back from the supervisor today. It's 6:30 pm and I haven't heard a thing.

    I'm drafting a Notice Before Action letter to send to the airline's UK office tomorrow. Vauban's guide has a sample NBA letter, which includes a claim for "interest @ 8% p.a.". The guide is a number of years old now. Is asking for interest still the done thing? If so, is there a standard rate to claim? Is 8% still valid? Does the interest kick-in on the day of my original claim submission, or from the date I send my NBA?
    • JPears
    • By JPears 13th Jul 18, 7:12 PM
    • 3,857 Posts
    • 1,063 Thanks
    JPears
    Yes, Yes and No to both. From the original date of your delay/cancellation.
    Give them 14 days with your NBA.
    "1000s of claims" is not an excuse. Its symptomatic of their ineptitude in a) running an airline, b) assigning enough staff to deal with the fallout from a)

    Does TAP have a UK presence/address? If so you can use MCOL.
    If not, you will have to use the ESCP process. Google/search Dr Watson's notes on this.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • peter_333
    • By peter_333 13th Jul 18, 8:15 PM
    • 67 Posts
    • 15 Thanks
    peter_333
    Yes, Yes and No to both. From the original date of your delay/cancellation.
    Give them 14 days with your NBA.
    "1000s of claims" is not an excuse. Its symptomatic of their ineptitude in a) running an airline, b) assigning enough staff to deal with the fallout from a)

    Does TAP have a UK presence/address? If so you can use MCOL.
    If not, you will have to use the ESCP process. Google/search Dr Watson's notes on this.
    Originally posted by JPears
    Thanks! So I should claim 8% interest. And the interest should be calculated from the date on which I was informed of the cancellation.

    TAP does have a UK address (https://beta.companieshouse.gov.uk/company/BR000460) so I've addressed the letter here. Given they have a UK base, I guess MCOL is by far my easiest route for action, but hopefully it won't get that far.
    • JPears
    • By JPears 13th Jul 18, 10:07 PM
    • 3,857 Posts
    • 1,063 Thanks
    JPears
    Yes. Although the actual interest rate is decided by judge, should it come to that. If they settle out of court, frustratingly, they can ignore the interest...
    And yes. As long as you have a physical address that sheriffs/bailiffs can enter and sieze assets, you're good.
    Last edited by JPears; 13-07-2018 at 10:25 PM.
    If you're new. read The FAQ and Vauban's Guide

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