I wonder if anyone can help: On June 12th our flight was delayed by 17 hours due to technical (mechanical) reasons which we were told was a bird strike as our plane took off from Larnaca on it's way to us in Bristol. A replacement plane had to be found. We were offered coaches to a hotel with a room (communal) lunch and dinner but we chose to go home and returned later.
My query is should we be able to claim any compensation from the airline? They have directed me to our Insurance but I am not convinced the airline shouldn't compensate us. We did get given a letter in departures on our return stating the 17 hour delay.
I would be grateful if anyone knows as we want to make sure we get it right!
Amber
As i believe, as long as the airline looks after you in terms of meals, water and provides suitable accommodation depending on the time of day and length of the delay and you have chosen to stay with the flight and the delay then that is all they are required to do.
Insurance - most policies will pay out a measley sum depending on their terms and lengthy of delay.
After 5 hours of the delay and you decide to offload yourselves then the carrier should reimburse the unused portion of the ticket. However, if you are on a charter flight and no price is displayed on the actual ticket itself then you may not get back half of what you actually paid. Airlines normally have some kind of chart and from past experience a cyprus to the uk flight may only get you back £40-£50.
There are many other rules that all seem a loophole and the airline can deny your claim if they have done all that is possible to accommodate passengers and can back up their claim by providing evidence that the delay was down to extraordinary circumstances - a bird strike i would say is one.
Heres one link i found but persoanlly, i would put it down to experience. The airline offered what it was meant to but as it was easier for you, you decided to go home and be in what i can imagine, far more comfortable and easier surroundings than most other people have to endure during delays.
http://ec.europa.eu/transport/passenger-rights/en/08-air-long-delays.html
Thanks
It might be worth trying your insurance but you do need to consider that any payment will be reduced by the amount of excess.
fwh
The airline has done all it needs to do under the circumstances.
Yes we were lucky we could go home but it didn't feel very lucky at the time! I just wanted to be on my way to Cyprus not back home again
Will try our travel insurance and see what happens
Amber
Check out EC 261/2004 and the Wallentin-Hermann judgement. If you follow the legal tenets raised in that judgemnt I believe that you have a legitimate claim for compensation under Articles 5 & 7 of the regn. You will almost certainly have to take the airline to small claims court as they don't hand over comensation automatically to passengers who write with a claim and they will usually trot out every excuse in the book to put you off.
Flightmole forum (google it) has some interesting background and successful cases to report.
Post a Reply
Please sign in or register an account to reply to this post.
Similar Topics
- Travel insurance for cruises and airline failure
-
Claiming delay compensation from a non EU airline into UK?
Posted by brookhouse in Holiday Complaints
-
Scheduled Airline Failure Insurance.
Posted by robertk in Flight Only / Airline and Airports
- Scheduled Airline Failure Insurance
-
Compensation from My Travel
Posted by sandyboy in Goa Discussion Forum