Looks as if XL have looked after you by providing accommodation under circumstances beyond their control, and in the interests of safety.

What would you wish to claim for?

Peter

hiya lyn

oh poor you what a nightmare, thats my biggest dread, especially if you have kids in tow, despite this bad ending did you have a good holiday, sorry i cant help with your question

karen

I don't know how successful trying to get compensation from xl would be. They did provide accomodation and I imagine food and the delay was due to a fault.

we had a similar problem a couple of years ago with a day and a half in Frankfurt. However, we decided that as they had put us up in a good hotel and fed us well we would not take it further. ( but BA were great and we came home to an email awarding as 100 000 airmiles!)

Can i just ask why you would want to claim anything from XL ?
Or would you have prefered to fly with a faulty plane.

samsung
the second comment was pretty uncalled for. Naturally Lyn did not want to fly on a faulty plane and used this forum to ask questions- which is what its for. It can be annoying being delayed- I missed my mums 70th birthday party and was upset at the time but realised it was really beyond the airlines control.
Lyn
did your luggage come off with you?

The way I read it last week.....She is entitled to compensation and the EU is to close the loop-holes an enforce flight compensation within the next 6 months.
Excuses like "beyond their control" will not be acceptable.
Technical faults when proven to be down to lack of maintainance.
And it doesn't matter if they put you in Buckingham Palace for the night, compensation is paid on top of this.

Sanjiiiiiiiiiiiiiiiiiiiiiii

There are such things as circumstances beyond their control.

Technical faults due to lack of maintenance? I rather think such a statement is unfair. We are not talking third world airlines. It also does not make any sense to cut back in that manner. The savings that could be made are minimal compared to the costs that could be incurred.

Faults do happen even in the best maintained equipment.

fwh

Thanks everyone.

To be honest I really am not "out to get " XL over this and am simply trying to ascertain exactly what we would be entitled too . nothing more. We obviously have insurance that covers delayed departure . too tired today to ring them but looks as if we would get around £60 x the 5 of us. Of course we would not want to fly on a faulty plane and Yes they did look after us with decent accomdodation and food. Obviously there is my hubbys loss of earnings for 2 days and yes an extremely stressful situation to be in at the time . Our baggage was off loaded fiona , then we were all gathered back in the extremely busy departure lounge at sharm where our passports were taken from us and all thrown into a big cardboard box.We had to keep our boarding passes and eventually when the plane was fixed we got back on the same plane in the same seats with the same crew. Our passports were returned when we checked our luggage back on.

We are of course glad to be home safely but having not ever been in this situation before I really wanted to check what the normal procedure is in these events and that XL are right to be passing this off to our insurance companies. and that its not them that should be coughing up the money as I cant find any info on my booking conditions about delayed departure.

i will of course start phoning tomorrow when i have the energy . just wanted to run it past the HT members first whom i have more trust in. And If theres money due I would like it. who wouldnt

lyn

There are such things as circumstances beyond their control.

That might be so, but according to the EU, airlines must still compensate passengers denied access to aircraft, or whose flights have been delayed or cancelled and using terminology like" extraordinary circumstances" to avoid payouts by citing "matters beyond their control" such as the weather, strikes and technical malfunctions .... will not be acceptable.

Sanjiiiiiiiiiiiiiiii

Well we had a flight cancelled by bmi who claimed "technical problems" and didn't get compensated. I called Ros for advice and was told that this was one legitimate reason for them not paying out as it was outwith their control.

luci

http://www.eubusiness.com/news_live/1175691614.78

http://www.timesonline.co.uk/tol/news/uk/article1582376.ece

Sanji

I do hope Lyn gets this sorted quickly and to her satisfaction.
As for the EU......well dont anyone hold their breath..this was the great EU that brought forward trumpeted legislation that had more holes in it than a tramps vest on this vexed subject. Now, they reckon they are going to `enforce` their flawed legislation. Think this will take years to resolve via the European courts as the airlines will challenge it, and can afford to of course.
Of course I could be wrong and the EU makes it stick.....mind you that would be a first wouldnt it

Totally agree with FWH, as long as you have been looked after by the airline because of a technical fault, would be no problem to me. These unfortunate things happen even when the aircraft in question have been maintained to the highest standard.Its like buying a brand new car and it breaks down 10 miles later, its unforseen, as long as you get home safe thats all that matters. Cheers Jayjan

Thanks everyone. looks like then we come under "circumstances beyond their control" so dont think I will bother ringing XL I will just make the claim for delayed departure on our travel insurance. Just wasnt really sure if it was normal practice to claim from the airline. think Im starting to understand a little more now and looks like as long as they look after you they have done what is required. I suppose this is why we have travel insurance

Feeling a little better this morning and we did have a great holiday
lyn

I think the question at the back of my mind is . would a better airline of charted another plane straight out to get us the following morning instead of the keeping us waiting for another whole day and into the next night. maybe not and im reading too much into the bad publicity XL gets. I realise its not guite as easy to get another plane to sharm as it would be in gatwick.

lyn

I think the question at the back of my mind is . would a better airline of charted another plane straight out to get us the following morning instead of the keeping us waiting for another whole day and into the next night

That is assuming that there is another aircraft available. Planes only make money when they are flying so the number of spare aircraft is limited. Yes it may be that there is a plane that is not in use at the time yours develops a fault. But if it is scheduled for use later in the day then you would simply transfer the problem elsewhere. If service is based on hours flown then by utilising that one you also effect the scheduled maintenance - assuming of course that it is the size and type required. It is not always as simple as people think.

fwh

Much as I dislike XL I feel that in this instance they've provided all facilities they are obliged to provide.

Had the delay been on the outbound leg you could have claimed a proportion of the days lost. For example, had you been a day late in arriving "in resort" you could claim 1 seventh (if 7 night hol) or one fourteenth (if 14 nighter) from the Tour Operator.

I've always said I wouldn't mind being delayed in resort on the homebound leg providing the hotel was OK and I had my luggage.

Yes it was a nice A/I hotel just a little way from where we were staying originally so no complaints there. interestingly I have now received a 4 page letter of apology from XL in the post yesterday outlining the problems but the outcome at the end which is what they really wanted to tell us was the following :

"the legislation states that passengers who are delayed in excess of 5 hours and elect not to fly on the delayed service are entitled to receive a refund of their unused flight seats. However, those that travel on a delayed service are not eligible for refunds, and airlines are not required to pay compensation for delayed flights. this should be processed via your holiday insurance providers"

lyn