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Flight delay compensation question

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Flight delay compensation question

Old 30th Jul 2019, 20:59
  #1 (permalink)  
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Flight delay compensation question

This is a question for you bar room lawyers.

i’m in the USA and due to return to the UK with Norwegian. Yesterday‘s flight was delayed and then cancelled due to taxiing into an aircraft undertow. Shit happens and a hotel is provided. That should trigger €600 compensation. Rebooked onto a different flight number the following day for a scheduled departure of 1330. That was delayed for crew duty hours, further delays, airport congestion and now won’t now depart until 2000.

I won’t comment on the total lack of communication from anybody at the airport but wondered whether that is two sets of compensation.

Thoughts?
qwertyuiop is offline  
Old 31st Jul 2019, 15:27
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Originally Posted by qwertyuiop View Post
This is a question for you bar room lawyers.

i’m in the USA and due to return to the UK with Norwegian. Yesterday‘s flight was delayed and then cancelled due to taxiing into an aircraft undertow. Shit happens and a hotel is provided. That should trigger €600 compensation. Rebooked onto a different flight number the following day for a scheduled departure of 1330. That was delayed for crew duty hours, further delays, airport congestion and now won’t now depart until 2000.

I won’t comment on the total lack of communication from anybody at the airport but wondered whether that is two sets of compensation.

Thoughts?
EC261/2004 states:

Article 3

Scope

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
It seems you fail on two counts: first, Norwegian is not licensed by an EU Member State; second, you did receive benefits (a hotel room).

I think you are out of luck old son.
Tigger_Too is offline  
Old 31st Jul 2019, 15:52
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A few years ago I was checked into a EU flight to AUS. Delayed, Delayed, Cancelled. They put me on the next day flight. That is some 600EU for sure. They told me to [email protected]@k off!

*never saw any compensation. Thank you THAI AIRWAYS!

The EU compensation rules mean jack sh1t if they won't play ball!

What ya gonna do?
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Old 31st Jul 2019, 17:13
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Originally Posted by Kelly Hopper View Post
The EU compensation rules mean jack sh1t if they won't play ball!
If you're in the UK, you have options. Here's the CAA's advice: Taking your airline to court

DaveReidUK is online now  
Old 31st Jul 2019, 17:22
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EC261/2004 states:
Quote:Article 3

Scope

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.




After October, Regulation 1. (a) and (b) will no longer apply to flights between the UK and anywhere outside the EU.

What happens then?
Sallyann1234 is online now  
Old 1st Aug 2019, 02:57
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never saw any compensation. Thank you THAI AIRWAYS
Have had two occasions where delays meant an overnight. One was a LCC and the other THAI Airways, both times treated right royally with overnight accommodation. Couldn't fault.
megan is offline  
Old 1st Aug 2019, 08:20
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Originally Posted by Sallyann1234 View Post
After October, Regulation 1. (a) and (b) will no longer apply to flights between the UK and anywhere outside the EU.

What happens then?
Isn't there a reference to that in the 500+ pages of the Withdrawal Agreement ?

Oh, hang on ...

DaveReidUK is online now  
Old 1st Aug 2019, 08:32
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Regarding "having already received benefits etc." we were on a flight back from Nassau the year before last with BA. Plane went tech. We got overnight in a better resort than we had been staying in (all inclusive!), plane back next day and EUR 600 each. Well done BA.
UniFoxOs is online now  
Old 1st Aug 2019, 08:35
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Originally Posted by DaveReidUK View Post
Isn't there a reference to that in the 500+ pages of the Withdrawal Agreement ?

Oh, hang on ...
Exactly...
Sallyann1234 is online now  
Old 1st Aug 2019, 08:44
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Originally Posted by qwertyuiop View Post
This is a question for you bar room lawyers.

i’m in the USA and due to return to the UK with Norwegian. Yesterday‘s flight was delayed and then cancelled due to taxiing into an aircraft undertow. Shit happens and a hotel is provided. That should trigger €600 compensation. Rebooked onto a different flight number the following day for a scheduled departure of 1330. That was delayed for crew duty hours, further delays, airport congestion and now won’t now depart until 2000.

I won’t comment on the total lack of communication from anybody at the airport but wondered whether that is two sets of compensation.

Thoughts?
Similar happened to us last year. 2300 JFK to LGW with Norwegian flight cancelled at 2000. Put up overnight and departed 1200 next day. Yes agree communication that night was crap - all contract staff I believe. Claimed €600 each which was paid after a few months. Didn’t help with losing seats on connecting flights to Portugal on BA and having to buy new ones next day so bit out of pocket. Don’t think you could hit them twice 😳
On eyre is offline  
Old 1st Aug 2019, 08:59
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Originally Posted by On eyre View Post

communication that night was crap - all contract staff I believe.
Often the problem. We had a delay just under the time limit. No information, contract staff pitched up just before delayed boarding. Can't really blame them. Show their faces at the original time and be pestered by 300 bored passengers for next 3 hours all for peanuts pay.

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Old 1st Aug 2019, 09:34
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Originally Posted by Tigger_Too View Post
EC261/2004 states:


It seems you fail on two counts: first, Norwegian is not licensed by an EU Member State; second, you did receive benefits (a hotel room).

I think you are out of luck old son.
Depends on which Norwegian we're talking about. Norway is part of the treaty, although not EU member and from what I can see, accomodation does not preclude compensation. It is also, in some cases, possible to receive compensation for additional expenses.
Per
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Old 1st Aug 2019, 10:07
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One ongoing at the moment with friends of mine currently in Addis Ababa having flown up from Dar Es Salaam. via Ethiopian. They were due to be going on to Niger ,again via Ethiopian, on relocation.
The issue centres on their two dogs,
They had negotiated with Ethiopian on acceptable crate sizes for the animals and had gone with the max dimensions stated by the airline . All this was agreed weeks ago.
To their surprise on departure from Dar up to Addis on Wednesday morning they were placed on a Q400 Turboprop. The dogs were seen by them, apparently left on the tarmac in their crates as the airline stated that this aircraft couldn't take them as the crates were too big and they would be put on " a big one " later in the day up to Addis. They were due to fly on in the morning
Wednesday evening they were informed that the aircraft was incapable of carrying the dogs , Last night there was another days delay for the same expressed reason for tonight's ( i.e. Thursday's) flight . Fortunately the animals are being looked after by a pet company in Dar and apparently are eating and not too stressed, Their owners are now looking at another night in a hotel in Addis having refused to take the ongoing flight to Niger until they are reunited with their dogs. Hopefully this might happen as "a big one" (737?) is allegedly being put on the Dar -Addis leg tomorrow afternoon. . The pet company are adamant that this is at the feet of Ethiopian for compensation .

Does anybody have an informed opinion on this one?

Last edited by Haraka; 1st Aug 2019 at 14:39.
Haraka is offline  
Old 1st Aug 2019, 10:19
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BA..lucky you

Son flying with family ex heathrow to istanbul on a windy day in gatwick. About to board and BA decided to use the aircraft for another service. Got on an evening flight which by law should have paid the compensation (was at heathrow for 12 hours).
BA said it was weather related.
Another flight had his carry on sized suitcase destroyed in the hold..gave him a similar but slightly bigger suitcase as a replacement..next flight refused boarding due to carry on being oversized..charged £80 iirc a d then told by grinning check in [email protected] could have saved yourself 20 quid plus by paying on your phone.
rate lower than sleezy jet imho.
blind pew is offline  
Old 1st Aug 2019, 17:01
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A year or so ago, I was delayed at MAN almost 24 hours due to a severe snow-storm which prevented the inbound aircraft leaving JFK. We were put up in a Hilton, fed & watered and bussed back when the plane arrived. 10/10 to Thos. Cook for that.

BUT - the inbound folk who sat on the freezing plane on a JFK taxiway for 6 hours, before being dumped back into the terminal told a completely different story upon arrival at MAN. Their sole 'compensation' (per US regs) was a plastic bottle of water. One each, mind you.

I guess the E.U. does have some good points...
er340790 is offline  
Old 1st Aug 2019, 18:04
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If you are flying Norwegian Air International Limited it has an AOC granted by Ireland so an EU member state.
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