Compensation refused

[SloppyJoe]

A question for someone legally minded.

The conditions of carriage on the airlines website state.

17.3. Change in transportation due to changes in schedule (other than force majeure circumstances)17.3.1. Passengers must be notified about the predicteded delay of a flight.
17.3.2. In case of change in transportation because of change of schedule (other than force majeure circumstances), the Airline shall render services to the Passenger, until it fulfils his/her transportation to the point indicated in the ticket.
17.3.3. List of services rendered to the Passenger depends on the duration of flight delay:
- In case of delay of flight for more than 2 hours, the Passenger shall be provided with soft drinks;
- In case of delay of flight for more than 3 hours, the Passengers shall be provided with communication services (1 local and/or long-distance telephone call), meals and soft drinks;
- In case of delay of flight for more than 6 hours, the Passengers shall be accomodated in hotel, provided with transportation between airport and hotel, meals and beverages.
Meals for the Passengers (breakfast, dinner, supper) shall be provided depending on time of the day.
The Passengers, who permanently reside in the point of flight delay, shall not receive hotel accomodation before the time of taking decision to postpone the flight for the next day.
Any additional expenses of the Passenger shall not be compensated.
17.3.4. In the points of transit or transfer, services shall be rendered to the Passengers in case of approved reservation for the next leg of the route, if the connection flight was missed, or a flight was delayed through the Airline’s fault.

They have just sent an email saying there is a change of 24 hours to a later flight.

Obviously they are required to pay compensation as stated in their own rules but are claiming that as they told us their part is now done. They are offering no compensation. Its as if they think they have done the first bit so it negates the rest.

The question I have is if we can't get them to provide a hotel prior to departure can we stay in the four seasons, eat in expensive places, get a limo to the airport etc, basically cost the a fortune and then claim it back through a solicitor once at home?

This is due to the floods in BKK reducing their loads so they are reducing flights. It is not force majeure as BKK is still open and there is no reason as to them being unable to uphold their part of the contract.

Any advice appreciated.

Thanks.

[ExXB]

Could you give me a bit more info please.

Delays and cancellations are treated differently under EU regulations, and under the airlines CoC.

was your flight delayed 24 hours, or was it cancelled with you being rebooked on the next days flight?

If it's the latter you need to have a look at the airlines CoC for a cancellation. Also google for Regulation 261/2004 to see the rules for ALL airlines departing from a EU airport - focusing on the provisions for cancellation.

I would not expect any court to compensate you for anything other than reasonable expenses. Perhaps if you had paid 20k for a first class ticket, but ...

Also ask the airline to explain the actual reason for the delay/cancellation.Your speculation that it was for commercial reasons may be correct, but it could have been for other reasons, perhaps covered by their force majure provisions.

[Haven't a clue]

I think the o/p is talking about a CX flight from HKG, so EU regs won't apply.

[ExXB]

Oops, you are probably right Eu reg261 would not apply to a HKG-BKK flight, however my comment that this may be a cancellation remains. Check CX's (or whatever) coc for cancellation provisions.

I don't think HKG courts would award more than reasonable expenses, but I am a (lot) less familiar with their jurisprudence. However any airline faced with this prospect would fight any precedence to the end.

[SloppyJoe]

It is an Aerosvit flight from BKK to KBP. It is due to cancellation and rebooking on their next flight. Decided just to never use them again and will just pay the extra and fly with someone else in future. Would be a long drawn out process to try to get compensation and not worth the hassle. Very poor customer service from an airline.

Should have looked at reviews prior to using them, all very bad. Worth paying a bit extra and going with a proper airline.

Thanks for the info provided though. Its appreciated.

[ExXB]

I found Aerosvit's CoC on their Polish web-site, their UA sites just return errors:
Passenger and luggage carriage rules of Aerosvit Airlines

It basically says in the result of a cancellation, for any reason, they will (at your option) transport you on the next flight that has a seat or give you a refund.

No promises to cover any incurred losses (hotels, meals, etc) but that would not protect them from reasonable claims - if you want to go to court.

[SloppyJoe]

Luckily its Bangkok and at the moment can get pretty descent hotels really cheap, food is not much either. More hassle than its worth, they have however lost a few customers who would use them a couple of times a year, probably for the next 30 years as was a handy flight. Absolute disgrace how they behaved, cancelling flights to save money due to weak loads and causing their customers expenses. Will never again use them and anyone who asks about them will be steered away to a proper airline where they actually consider the people who pay to fly with them.

[ZFT]

Absolute disgrace how they behaved, cancelling flights to save money due to weak loads and causing their customers expenses.

They aren't the only carrier to do this. Many are reducing frequencies and it's not surprising as it is due to weak demand.

[ross_M]

Also google for Regulation 261/2004 to see the rules for ALL airlines departing from a EU airport - focusing on the provisions for cancellation.

Even if the EU rules had applied the eligibility for compensation depends on how early OP was notified. From the regs:

The airline is also required to pay cash compensation as described below, unless one of the following conditions applies:

1. the airline notifies the passengers at least two weeks prior to departure


2. the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.

[SloppyJoe]

They sent the email notifying of the change less than 48 hours prior to original departure.