Flight Delay

[JMR27]

My husband's flight from Edinburgh to Geneva was delayed because the airline used the aircraft which was intended for Geneva to cover a flight on another route which had been affected by bad weather. Is the airline within its rights to refuse to pay compensation by citing 'adverse weather conditions'? (There were no adverse weather conditions between Edinburgh and Geneva and both airports were operating normally that day). Thanks for any help.

[237SJ]

Probably. It`s up to the airline where they use their aircraft. Having said that best practice is to disrupt as few people as possible. Better to keep one group of passengers disrupted and keep everything else flowing. Maybe it`s a smallish airline with not many aircraft?

[KARL]

Please consult the law on Air Passenger Rights (details on the internet, plus the airline is obliged to provide the passenger with the details) - a piece of Europe-wide legislation which lays down quite clearly what the airline must do if there is a delay. There is evidence that the airlines try to wriggle out of their obligations but in your case it very much depends on the distance of the flight together with the amount of delay incurred. If he was flying with KLM then I am not surprised if they refuse to compensate. He should have had refreshments, etc. in addition to an explanation of his rights, unless the delay was very short. There is a UK Enforcement Body which he must direct his claim to in the event that he gets nowhere with the airline (assuming he is within his rights under law) - they should take up his case for him. He must send details of his flight, the delay and correspondence with the airline, plus copies of his ticket and boarding pass (NOT the originals which he must keep). It is definitely not a case of the airline deciding what it is prepared or not prepared to do - they are under legal obligation to passengers, provided delays are sufficiently great. As for denied boarding, cancellation, etc. they are obliged to meet the relevant legal requirements. The only way they have an excuse is under force majeur and that does not include not having an aircraft for a route that is operable.

[JMR27]

Thanks to both of you for your replies. The delay was 23 hours and 20 minutes. The passengers were provided with hotel accomodation in Edinburgh and were told that, prior to their flight the following day, they'd receive written confirmation of the delay (to enable them to claim under their own insurance policies) together with details of the compensation they'd receive from the airline. No such confirmations were received and the crew on the flight to Geneva provided no assistance in this regard. He wrote to the Airline once he got home but they're quoting 'adverse weather conditions'. They did eventually provide confirmation of the delay but it's now too late to claim from his insurers (the claim had to be made within 30 days of the delayed flight).

[JMR27]

It's not the lack of compensation that bothers me so much as the way the passengers have been treated.

[KARL]

I entirely understand and agree with your sentiment, except perhaps any inclination to apologise for wanting proper treatment under such circumstances. I have looked up what I have on the law - just a summary on an EU leaflet but there are other ways to find the full wording which you should do. The clause that I would point you to is that "When an EU airline is responsible for the delay of a flight anywhere in the world, you may claim up to 4150 SDR for any resulting damages. If the airline does not agree with your claim, you may go to court." Note that since the leaflet I have was printed there are Enforcement Bodies (EBs) to act on your behalf (who will also want to know airlines' record on this) to whom you can turn. For the court side, look up info at http://ec.europa.eu/j...c_information_en.htm. For the EB side go to Europe Direct on the internet or e-mail them at [email protected] - I have dealt with them and they are extremely good to deal with, very thorough. They can tell you the contact details of the EB you should turn to. For your info, an SDR is now valued at just over USD1.52 or just under GBP1. Also important is not to delay because in certain circumstances some EBs will time-bar claims. I think I am correct in saying the regulation is (EC) No. 261/2004 (OJL46, 17.2.2004) and any other relevant legislation.

[KARL]

It seems the link is not correctly posted here:
http://ec.europa.eu/j...sc_information_en.htm
let's hope that works (if not, sorry, I have tried).

[KARL]

Ah, found it: apr.europa.eu is where you can access the info on your rights and where to complain. By the way, do not accept any gift, voucher or whatever from the airline - this will cloud the issue, just stick to the legal stipulations.

[KARL]

I dealt with the CAA once and found them rather ineffective, rather in the mould of too much of the UK consumer apparatus which is so often velvet gloved and fawning toward business (self-regulation being a classic favourite in the UK; does not work, look at the bank fiasco if you doubt it). But they may have improved because there were a lot of blatant V-sign type of examples of airlines vis-a-vis this law and I get the impression a clamp-down of sorts was felt to be called for.

[JMR27]

Hi KARL. First of all, sorry for taking so long to reply. Thank you very much indeed for providing me with such useful information. I did some googling before asking my question but didn't find the sites which you came up with. Thanks again for taking the trouble to help me - it's much appreciated.

[KARL]

My pleasure entirely - good luck.

[Traveler29]

You should claim the money you are legally entitled to under regulation EU261/2004

Was your flight delayed? How much compensation you are entitled to depends on the following criteria:
• for all flights of 1,500 kilometres or less: EUR 250 (± 199 GBP);
• for all intra-community flights of more than 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres: EUR 400 (± 320 GBP);
• for all other flights that do not fall under (A) or (B): EUR 600 (± 480 GBP).

If the airline offered the passenger a re-routing, they are allowed to reduce the amount of compensation with 50%. To which flights does this apply?
• the flight distance was less than 1,500 kilometres and the flight was delayed in arrival by more than two hours;
• the scheduled arrival of the original booked flight was exceeded by three hours, for all intra-Community flights of more than 1,500 kilometres and for all flights between 1,500 and 3,500 kilometres;
• the scheduled arrival time of the originally booked flight was exceeded by four hours, for all flights that do not fall under (a) or (b).

More info: http://flight-delayed.co.uk/flight-delayed/

http://www.youtube.com/watch?v=JgwnMZDxLp8