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    • Tyzap
    • By Tyzap 5th Jan 18, 1:24 PM
    • 1,426 Posts
    • 654 Thanks
    Tyzap
    Hi adibell,

    It sounds like an ordinary technical fault caused your delay. If that is the case you would be due !!!8364;600 in compensation.

    Read Vaubans guide, details in my signature below. Then issue them with a LBA in preparation to issuing legal proceedings.

    If you keep pushing them and show that you are serious, you are likely to eventually receive what you are due. I doubt it would get as far as a court hearing as they cannot defend an ordinary technical fault. There is much previous legal precedent in this direction.

    Good luck
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 5th Jan 18, 1:32 PM
    • 3,751 Posts
    • 1,040 Thanks
    JPears
    yes, just pick up where you left off.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Karolka
    • By Karolka 5th Jan 18, 2:55 PM
    • 64 Posts
    • 2,901 Thanks
    Karolka
    Hello,
    Just wondered if you can give your opinion on my case.

    We were travelling to Amsterdam from London City for a short city break, with flights back booked for Monday 7am. The fight by Flybe (original time was Saturday 8:45am) was initially delayed, and 2.5h after the original time of travel it was announced cancelled. The reason given was that in Amsterdam there was a freezing fog and their planes cannot travel in that weather. The planes were smallish, not sure the type.
    We were told that the next available flight by flybe is two days later, which we obviously didn't take. We then booked evening flight from Luton and landed in Amsterdam after midnight. Do you think we are due any compensation? It is weather related, but other airlines were able to fly, we asked BA desk and they had flights available, although too expensive for us. Also we flew with Vueling later in the evening with the weather same if not worse.
    Many thanks for your input
    • pg1965
    • By pg1965 6th Jan 18, 9:40 AM
    • 2 Posts
    • 1 Thanks
    pg1965
    Flights TO Gibraltar from UK
    Hi, has anyone successfully received compensation for a delayed flight TO Gibraltar from UK?

    A claim was made and rejected by the airline, siting Article (1)(3), which excludes Gibraltar as a member state. I went to arbitration with CEDR, arguing that Artcle3(1)(a) defines the scope as flights from EU Member States, and therefore includes flights from UK to Gibraltar. The adjudicator ruled in favour of the airline, referencing article (1)(a), but made no reference in their ruling about Article(1)(3).

    I have since written to the CAA, who have confirmed that flights from UK TO Gibraltar are covered by the Regulations (flights FROM Gibraltar are excluded). Wrote to CEDR again with this additional evidence and they are refusing to re-open the case or review their adjudication.

    I have raised a complaint against CEDR. CAA have replied - "CEDR do take a different view from us as regards the application of the law (Regulation 261/2004) to flights from the UK to Gibraltar. CEDR are able to take their own independent view of the law but this is a matter we are discussing with them."

    Seems odd CEDR can "interpret" the law differently from the statutory body that regulates it in the UK!!!

    Anyway, has anyone been successful in claiming for delayed flights TO Gibraltar from the UK?

    The CAA say, "We are currently looking at how many consumers this may be affecting and continue to discuss the matter with CEDR." If you have been affected, their email address is consumerenforcement@caa.co.uk.
    • jpsartre
    • By jpsartre 6th Jan 18, 9:55 AM
    • 3,258 Posts
    • 2,118 Thanks
    jpsartre
    All flights FROM member states are covered by EU261, regardless of airline or destination. See article 3.1.a. If CEDR are denying (or unaware of) this it casts serious doubts on their competence.
    • Justice13075
    • By Justice13075 6th Jan 18, 10:34 AM
    • 1,163 Posts
    • 471 Thanks
    Justice13075
    jpsartre Is correct, it does not matter which airline you fly with or where in the world you fly to if you fly from the UK and your flight arrives at its final destination more than 3 hours late and the delay was not caused by an extraordinary circumstance you are due compensation. Google and download Vaubans guide. There is a template letter on page 6.Send it to the airline.
    • JPears
    • By JPears 6th Jan 18, 11:44 AM
    • 3,751 Posts
    • 1,040 Thanks
    JPears
    As Justice and jps have stated, CEDR are clearly wrong on this matter.
    This now raises the question as to who regulates ADRs to make complaints to?
    If you look at the CEDR website, you are only allowed to make a complaint about the adminstration aspects of the service and NOTHING else. The irony.
    Pathetic.
    Every business and organisation should have a full and thorough complaints procedure for every aspect it is involved in.
    As usual the CAA are as about as much use as a chocolate teapot.
    Last edited by JPears; 09-01-2018 at 11:18 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 6th Jan 18, 12:07 PM
    • 4,729 Posts
    • 2,093 Thanks
    Vauban
    Whilst it is tempting to think CEDR should follow the CAA as the principal authority on Regulation 261/04, be careful what you wish for. It wasn't all that long ago that the CAA were drawing up absurd lists of extraordinary circumstances, including unexpected technical faults, that stopped a lot of people from making legitimate claims. Their apparent inability to understand the Regulation and apply it fairly to passengers was only ended when UK courts dismissed the CAA's guidance as bunkum.
    • JPears
    • By JPears 6th Jan 18, 12:26 PM
    • 3,751 Posts
    • 1,040 Thanks
    JPears
    The CAA is the definition of pointless....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • SILASBLAGGS
    • By SILASBLAGGS 6th Jan 18, 8:43 PM
    • 2 Posts
    • 1 Thanks
    SILASBLAGGS
    Vueling
    I was also on that Vueling flight on the 9th of March from TFS to MAN.
    Did you get anywhere by going through Bott?
    • araeho
    • By araeho 8th Jan 18, 4:03 PM
    • 10 Posts
    • 0 Thanks
    araeho
    Amy Update on the appeal of the appeal?
    Hi we've got a vested interest in this now as we we were delayed by 2.30 mins due to tech fault from Manchester Dubai which then meant we missed the connection (also Emirates) from Dubai to Kuala Lumpur meaning 11 overall delay to finAl destination. So I'm hoping the ruling that it's one journey written on one contract is upheld and Emirates fail.

    Does anybody have any update on time line as requested by John?
    • pg1965
    • By pg1965 9th Jan 18, 10:54 AM
    • 2 Posts
    • 1 Thanks
    pg1965
    So has anyone any knowledge of court cases specifically about flights to Gibraltar - successful or otherwise?
    • JPears
    • By JPears 9th Jan 18, 11:19 AM
    • 3,751 Posts
    • 1,040 Thanks
    JPears
    None that I am aware of pg. But I would say the regualtions are quite clear (compared to some other aspects of the regualtion) so any arguement in court, should it come to that are going to be brief!
    NBA time with a copy of your proposed court papers to demonstrate your intent, are probably now required.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • PeterCurl
    • By PeterCurl 10th Jan 18, 5:13 PM
    • 2 Posts
    • 0 Thanks
    PeterCurl
    Help & Info
    Im looking for some help and info.

    I had direct flights with Virgin Atlantic for New York to Manchester on the 4th January, which was cancelled due to the snow, Virgin have indicated they will pay for hotel and food while stuck in New York.

    Now, the replacement flight they booked us on was with Delta, New York to Amsterdam then Amsterdam to Manchester. The Delta Flight was delayed by 4 hours, we missed our connection and I called Virgin to resolve as Delta at Amsterdam didn't know what to do.

    Are we entitled to compensation? Virgin booked us on that Delta flight, but it wasn't a code share.

    Ive got a little lost in all the information and some guidance would be great! Thanks.
    • Caz3121
    • By Caz3121 10th Jan 18, 5:30 PM
    • 11,270 Posts
    • 7,393 Thanks
    Caz3121
    Are we entitled to compensation? Virgin booked us on that Delta flight, but it wasn't a code share.
    Originally posted by PeterCurl
    If it was Delta operating the flight then EU261 does not apply (as an aside, was the reason for the Delta delay not also weather?)
    • PeterCurl
    • By PeterCurl 10th Jan 18, 5:52 PM
    • 2 Posts
    • 0 Thanks
    PeterCurl
    The replacement flight was 3 days later. The Delta delay was because it was late to arrive and they couldn't turn it around.
    • symphony63
    • By symphony63 10th Jan 18, 6:19 PM
    • 66 Posts
    • 7 Thanks
    symphony63
    If it was Delta operating the flight then EU261 does not apply (as an aside, was the reason for the Delta delay not also weather?)
    Originally posted by Caz3121
    I am just wondering if there isn't an argument here? and Virgin, in this case should have a responsibility under EU261.
    Assuming the Delta delay was not weather related, Virgin still has a responsibility to transport their passenger to their final destination under Article 5.1(a) and Article 8.1(b) 'under comparable transport conditions'. In this instance does it make a difference who was operating the flight? Virgin's obligations under EU261 are not excluded in extraordinary circumstances only as per Article 5.3 that excludes payment under Article 7 (compensation) but does not exclude any other obligations.
    Under Article 5.1(c)(iii) if a passenger is re-routed on another airline and that airline has a delay of more than 3 hours who is liable for compensation? the airline that cancelled the flight or the operating airline?
    I hope I explained myself clearly.
    • Caz3121
    • By Caz3121 10th Jan 18, 6:23 PM
    • 11,270 Posts
    • 7,393 Thanks
    Caz3121
    The replacement flight was 3 days later. The Delta delay was because it was late to arrive and they couldn't turn it around.
    Originally posted by PeterCurl
    still no EU261 compensation as a non-EU carrier
    If it had been a Delta flight number but a KLM aircraft then you could have tried KLM but nothing if Delta operated
    • sooperb
    • By sooperb 15th Jan 18, 9:31 AM
    • 128 Posts
    • 61 Thanks
    sooperb
    I have persevered with Vueling despite their stack of emails saying they aren't responsible etc. I used the AESA, the Spanish equivalent of the CAA who agreed I was due compo and said they would notify Vueling and if they didn't compensate I could contact them again. They didn't so I did, despite my sending a copy of the outcome, they then sent a notification to Vueling that they should pay me compensation, although they can't compel them to pay they can fine them if they don't.

    I have since had an email from Vueling asking for my bank details. I have given them all the info requested and will be waiting to see if they cough up, I've heard it can be 30 days before they cough up. I particularly liked this line from their email, "We hope that this experience will not change the positive image we!!!8217;re sure you have of Vueling." They're having a laugh !!!55357;!!!56837;
    • Digbydoo
    • By Digbydoo 15th Jan 18, 8:30 PM
    • 1 Posts
    • 0 Thanks
    Digbydoo
    I would welcome any advice on this if anyone can help. My flight to Iceland next month has been cancelled. I have accepted another flight to the same destination arriving at about the same time/date. However, I am having to fly from an airport in the UK that is quite a bit further away (MCR instead of Birmingham), and as such am going to have to drive there the night before (instead of getting dropped off at my local airport by a family member), spend the night in a hotel, and pay for car parking for 5 days. Am I entitled to any help with these additional costs? I've looked online but can't see any specific info about this. Thanks in advance
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