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    • Amp-333
    • By Amp-333 30th Apr 18, 2:08 PM
    • 5 Posts
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    Amp-333
    Thank you for your contribution JPears.

    I have had another look at the Sturgeon Case and see the comment in Costs (2) which is the part you refer to regarding a delay of 3-4 hours is regarded as a cancellation. The compensation for a cancellation is still taken from Article (7) and so I am not really sure how this makes much of a difference?

    I still am unclear as to why the airline is wrong in their claim that they may reduce my claim by 50%, If the following is correct:

    "It follows that the compensation payable to a passenger whose flight is delayed, who reaches his final destination three hours or more after the arrival time originally scheduled, may be reduced by 50%, in accordance with Article 7(2)(c) of Regulation No 261/2004, where the delay is !!!8211; in the case of a flight not falling under points (a) or (b) of Article 7(2) !!!8211; less than four hours" (Sturgeon Case)

    Taken from Article 7 (2) of 261/2004:

    2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

    (a) by two hours, in respect of all flights of 1500 kilometres or less; or

    (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

    (c) by four hours, in respect of all flights not falling under (a) or (b),

    the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

    As my flight had a late landing of over 3 hours but was a distance of less than 1500Km, it cannot meet section (a) or (b), however it also does not meet section (c) as it was not a four hour delay. Does this mean the Sturgeon case would simply not apply?

    Thanks in advance
    • chilster11
    • By chilster11 30th Apr 18, 4:05 PM
    • 4 Posts
    • 0 Thanks
    chilster11
    compensation due?
    Hi All
    First time of posting..
    My family and I were delayed at UK airport for 6hours, but were not given reason- technical or not.. after reading through these posts I see that we may not qualify for compensation is this correct?
    • chilster11
    • By chilster11 30th Apr 18, 4:07 PM
    • 4 Posts
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    chilster11
    Hi everyone
    Well I cannot believe it.... I have just received notification from the airline that they are issuing a cheque to me for the delay we incurred at the airport through technical problems. So if it is a technical problem they will pay you compensation.
    • chilster11
    • By chilster11 30th Apr 18, 4:08 PM
    • 4 Posts
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    chilster11
    I would just like to thank MSE for the ease on using their published instructions and templates. )))
    • Justice13075
    • By Justice13075 30th Apr 18, 4:25 PM
    • 1,124 Posts
    • 459 Thanks
    Justice13075
    Well done
    • Jekyll
    • By Jekyll 8th May 18, 12:36 PM
    • 10 Posts
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    Jekyll
    Hi,
    Please bare with with on any stupid questions that may be within this post. I'm a first time flyer and unsure whether I will be eligible for any compensation after my flight home from Paris was cancelled.
    So I received a text at half 7 yesterday morning (7th) to say my flight home for that morning was cancelled. We were due to take off at 9:55am local time and land at Bristol Airport at 10:15 local time. We arrived at the airport and spoke with the Fly BMI check in desk who said they were putting us onto a flight at 18:55 to Cardiff. They also offered both of us a €15 voucher for lunch at one of the terminal cafes because of the inconvenience. Also ground transport to Bristol would be provided. The flight was cancelled because the pilot was ill.
    So we spent the the day in Paris and checked in etc for our flight to Cardiff. The flight took off a little later than planned as we toured the entire airport to get to an empty runway or something... So we landed at approx 19:15 local time.
    By the time we went through all the checks and got our luggage we spoke with someone who said transport was arranged and he had arrived at the airport at 18:15 local time so was sent away and hoped he would return at 19:15. We (along with a few others) were waiting at Cardiff Airport until 20:30 for the minibus to turn up and finally making it back to Bristol Airport at approx 22:00
    Delayed home for nearly 12 hours.
    Is this a case for any compensation? Thank you in advance for any help and guidance to where we might stand, like I said I'm a first time flyer and not really sure what my rights are for this
    • NoviceAngel
    • By NoviceAngel 8th May 18, 12:40 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    Sounds like your due compensation, start by reading Vaubans guide, that explains everything.
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • JPears
    • By JPears 8th May 18, 12:46 PM
    • 3,683 Posts
    • 1,024 Thanks
    JPears
    Sounds like Flymaybe are having numerous issues with "sick" pilots. Freind of a friend had their flight cancelled to Dusseldorf on Friday due to sick pilot.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Jekyll
    • By Jekyll 8th May 18, 3:14 PM
    • 10 Posts
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    Jekyll
    Thanks for the info. I'll take a read and see whether it all makes sense to me to see if I can make my claim
    • NoviceAngel
    • By NoviceAngel 8th May 18, 3:26 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    Thanks for the info. I'll take a read and see whether it all makes sense to me to see if I can make my claim
    Originally posted by Jekyll
    If you take it steady, there is a lot to absorb but it’s an excellent guide - if there’s anything your not sure of re-post and we’ll help
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • Alan Bowen
    • By Alan Bowen 8th May 18, 6:25 PM
    • 3,048 Posts
    • 1,533 Thanks
    Alan Bowen
    If the pilot had become ill at the airport, there may be no compensation payable but BMI Regional have had a lot of technical problems with their jets recently, which would justify compensation so take everything you hear from the airline with a large pinch of salt. I presume they put you on a Flybe flight back as BMI do not fly to Cardiff? Interestingly, both Paris flights operated on time today......
    • NoviceAngel
    • By NoviceAngel 8th May 18, 6:51 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    If the pilot had become ill at the airport, there may be no compensation payable ....
    Originally posted by Alan Bowen
    Crew illness is not generally regarded as an EC, it’s something the airline should be able to cope with IMHO
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • Jekyll
    • By Jekyll 8th May 18, 7:29 PM
    • 10 Posts
    • 0 Thanks
    Jekyll
    If the pilot had become ill at the airport, there may be no compensation payable but BMI Regional have had a lot of technical problems with their jets recently, which would justify compensation so take everything you hear from the airline with a large pinch of salt. I presume they put you on a Flybe flight back as BMI do not fly to Cardiff? Interestingly, both Paris flights operated on time today......
    Originally posted by Alan Bowen
    Yes it was a FlyBe/AirFrance flight. I'm not too sure whether the ground crew member at the BMI check in desk at CDG Airport understood me fully when I asked what the problem was as I did have to repeat myself a few times but she said it was the "pilot being ill" so "a crew issue" It was just a real pain in the backside having to go to Cardiff and the mess with the minibus situation to be honest!
    • Jekyll
    • By Jekyll 8th May 18, 7:34 PM
    • 10 Posts
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    Jekyll
    Should I have said anything at the check in desk at CDG about compensation? Only I've just remembered on the check in desk at Flybe it mentioned about getting a text with your rights if you are declined entry to board or your flight being cancelled. I didn't mention anything at the time because it was a different airline we were flying with so assumed they wouldn't really care about any compensation (if due)
    • chunky123
    • By chunky123 10th May 18, 7:18 AM
    • 9 Posts
    • 1 Thanks
    chunky123
    Hi All
    Was wondering if anyone could help?
    I was on a Pegasus flight from Stansted and took off about 10 mins late but had to return to the airport because of a tail strike which i believe is a pilot error after returning to the apron we were held on the plane while check were made we eventually took off and we arrived in Izmir about 25 min late,which I believe is a case for compensation.I initially wrote a letter using the Resolver template but had the letter returned as apparently they have no office at the address I was given.I emailed the Istanbul office and recieved a case number but havent heard anything since does anyone know:

    1.Do I have a case for compensation ?
    2 How do I next proceed ?

    regards
    Last edited by chunky123; 10-05-2018 at 7:20 AM.
    • Caz3121
    • By Caz3121 10th May 18, 7:22 AM
    • 11,192 Posts
    • 7,342 Thanks
    Caz3121
    and we arrived in Izmir about 25 min late,
    Originally posted by chunky123
    not sure if this is a typo but arrival time needs to be over 3 hours late. What was your flight number and date?
    • chunky123
    • By chunky123 11th May 18, 11:21 AM
    • 9 Posts
    • 1 Thanks
    chunky123
    not sure if this is a typo but arrival time needs to be over 3 hours late. What was your flight number and date?
    Originally posted by Caz3121
    Sorry your right my mistake my flight was PC1528 on 15/02/2018 Stansted to Izmir and arrived 3hours and 21 mintues late.

    regards
    • KayMM1234
    • By KayMM1234 15th May 18, 6:35 PM
    • 3 Posts
    • 0 Thanks
    KayMM1234
    Hi everyone,

    Eurowings changed our flight times which meant we had to call them to receive book our flight connection.

    This was about 3 weeks before the flight and we were already away (it was a long 8 month trip) in Costa Rica. We had no choice but to call them from there incurring a bill of £200!! We waited 30 mins queuing on the phone and had several times on hold for long periods.

    I've complained to eurowings but is there any legislation I can use to help the claim. It just seems so unfair when it wasn't out fault and there was absolutely no alternative.

    Thanks so much.
    • bobesox
    • By bobesox 16th May 18, 7:56 PM
    • 125 Posts
    • 61 Thanks
    bobesox
    BA 24 hour delay
    Just arrived back from Fort Lauderdale BA 2168 following a 24 hour delay. No information for first 2 hours and then we saw the departure time changed several times from 16.55 to 18.37, then 20.00, 20.30 and even 2m the following morning. Apparantly plane had diverted to Orlando and was on its way, then someone said plane had been hit by lightning hence the Orlando landing but why the site kept being updated suggesting a departure that evening apparantly no contingency plans in operation to provide cabin crew. Even at the airport no BA reps to update us for several hours only swissair who knew nothing. When a manager did arrive she apologised for us having to be bussed to a hotel 30 minutes away and explained that this was the first problem BA had had at this airport since flying in July and no contingency plans in operation. With regards to possible compensation I guess if the plane was struck by lightning this could not be blamed on BA but the lack of contingency plans and incompetence might that be something they should be held responsible for causing 24 hour delay? Any assistance greatly appreciated.
    CHEAP IN COST NOT IN STYLE...
    • Tyzap
    • By Tyzap 16th May 18, 9:27 PM
    • 1,386 Posts
    • 638 Thanks
    Tyzap
    Hi,

    If it was weather related then compensation is not due.


    British Airways B777-200ER G-VIIU BA2169 Orlando Diversion May 14, 2018

    British Airways Boeing 777-236ER G-VIIU operating BA2169 London Gatwick – Fort Lauderdale diverted to Orlando this afternoon due to weather at Fort Lauderdale. The aircraft later positioned Orlando – Fort Lauderdale as BA9157 in order to operate BA2168 Fort Lauderdale – London Gatwick.

    http://thebasource.com/british-airways-b777-200er-g-viiu-ba2169-orlando-diversion/
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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