Flew back with tcd last saturday 5/11/05 which should have been 4/11/05,had a 24 hr delay,got food,got put up in a hotel,but had already checked our baggage in and had no clean clothes or washing gear.TCD told us to purchase anything necessary and could claim for it on our return.Contacted tcd and they said that all we can claim for is £30 each on our insurance policy for the delay.
I lost a days work,had all the additional cost of kennels,cattery,parking etc all for an extra day.
What is my best route of complaint and what am I entitled to in the respect of compensation ?
The airline was air atlanta.
Thank you for any help
Air Atlanta, Excel (they may have crewed your flight) and TCD are all part of Avion Group - Icelandic owned I believe.
Under EC261/2004 rules they are obliged to provide you with food and drink, a couple of free phone/fax/mobile calls or emails and as your delay was 24 hours, accommodation.
They appear to have met these requirements.
Having check-in your baggage, presumably before you were informed of the length of the delay, they really should have recovered your cases as it's not acceptable to spend 24 hours, plus presumably many hours beforehand and the duration og the flight time afterwards, in the same clothes.
So, they told you buy whatever was needed and to submit the receipts upon your return. Presumably, no upper limit was placed on this figure and no mention made that you would need to recover such expenditure from your travel insurance.
First, do you have any fellow travellers contact details who can substantiate TCD's statement to 'purchase anything necessary and claim upon return'?
Second, did TCD provide you with written rules about EC261/2004 (they are legally obliged to do so) and did they at any time suggest you reclaim all expenditure from your travel insurance.
Third, have you checked your travel insurance. Speak with them and seek their opinion as to who you should reclaim costs from. You probably will not have an excess with your insurance, but the normal amount you can claim is £20. You state £30 available - and the implication is that you took out TCD's own travel insurance. If that's the case you should have read the policy at the time the delay was announced and perhaps got written agreement from TCD as to the claims procedure at that time.
Finally, If you spent, say, £40 on necessary items claiming £30 only leaves you £10 adrift - and you still have those clothes, toiletries etc. I'd write that off as not worth claiming. The extra costs for kennels etc could be more substantial. Try ringing Ros Fernihough on 01922 621114 as she recently recovered a reasonable amount of money from TCD due to their delay OUTBOUND causing us to loose a days holiday. You may be similarly recompensed under the terms of the 1992 Package Tour and Travel Regulations.
Good Luck and let us know with a future post the outcome.
Mike
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