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Old 03.05.2012, 19:53
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Flight Cancellation - European Union - compensation?

I was travelling on the Manchester to Basel flight yesterday and it was cancelled due to there being no plane (the outward flight to Manchester never left Basel because the plane went tech)

We were re routed to Zurich and train back to Basel. We arrived 6 hours late.

Has anyone been successful in claiming compensation in accordance with the EU regulations (that I believe CH have signed up to)?

This thread Airline refuses to pay cancelled flight compensation would seem to indicate that you are on a hiding to nothing trying to get money out of the airline.

In this instance, we incurred extra childcare cost as I was not home to pick up my younger son so I would like the compensation as it would help cover these costs.

Anyone got any ideas?
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Old 03.05.2012, 19:57
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Re: Flight Cancellation - European Union - compensation?

good luck...
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Old 03.05.2012, 20:00
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Re: Flight Cancellation - European Union - compensation?

As you arrived at the destination, albeit late, I do not think that your case is covered by it, as the european thing is for when you do not arrive at the destination, that is a full cancelation.

As such the only thing you might get is a few vouchers from the airline for a next flight you are taking with them, if you complain loud enough, but that you should have done directly...
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Old 03.05.2012, 20:05
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Re: Flight Cancellation - European Union - compensation?

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As you arrived at the destination, albeit late, I do not think that your case is covered by it, as the european thing is for when you do not arrive at the destination, that is a full cancelation.

As such the only thing you might get is a few vouchers from the airline for a next flight you are taking with them, if you complain loud enough, but that you should have done directly...
Thank you for the comment - but my reading of EU Regulation 261/2004 (covering flight cancellations) indicates differently - compensation is separate to the airline's duty to either refund you or arrange alternative travel to get you to your destination as soon as possible.

Recent case law (ok so I confess .. I used to be a lawyer although not at all in this field ..) went some way to clarifying the exemptions to this requirement to pay compensation - and it would seem to me that as a general rule, technical problems with the aircraft do not exempt the airline from payments.

But following a couple of threads on here and a couple on other forums, it would seem actual experience of these regulations working in practice is quite .. sparse shall we say.

Oh well, I can write the email and see - but - this being Switzerland - the extra cost for the childcare hurt!
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Old 04.05.2012, 10:01
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Re: Flight Cancellation - European Union - compensation?

Hi,

Not sure if this is of any help but might be worth a read;

http://www.moneysavingexpert.com/travel/flight-delays

G
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Old 04.05.2012, 10:28
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Re: Flight Cancellation - European Union - compensation?

It looks as though you are entitled to compensation,

http://www.beobachter.ch/konsum/reis...erspaetet-ist/

http://www.beobachter.ch/konsum/reis...leichszahlung/

http://www.beobachter.ch/dossiers/re...-beim-fliegen/
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Old 04.05.2012, 11:00
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Re: Flight Cancellation - European Union - compensation?

check out the flyertalk forum basically a bunch of professional travelers also some airlines have representation there.

Bound to be somebody on there that can give you definitive answer and the best way to go about claiming compensation
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Old 12.06.2012, 15:47
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Re: Flight Cancellation - European Union - compensation?

Thought it might be useful to update this thread.

Emailed the airline and asked for compensation with regard to my cancelled flight.

Heard nothing.

Finally a verbiose response boiling down to "we don't have to so we're not going to".

Saw Red. Got into a Stroppy Don't Mess With Me Mood.

Wrote back quoting relevant sections of European Union Regulation and requested compensation or the next step (as set out in Regs) would be to report them to the Aviation Authority of the country in which the flight originated.

Heard nothing.

After 3 weeks, wrote a chasing email and cc'd it to the CEO (having found his name on internet and concocted his email address from the format of the guy who had written back to me).

Next day received compensation.

Given the legal position, it would have been nice to have not had to go all lawyerly on them, but for once my previous life was of use.

So the message is, if your flight is cancelled or serverely delayed and it originates in the European Union (any carrier - the carrier does not have to be European, the flight just has to originate there) you are almost certainly entitled to compensation - there are a very few exceptions, and the aircraft breaking down is not one of them.

The irony is that I had incurred extra costs (travel costs and childcare costs due to my late arrival) and I would have been more than happy just with compensation of those costs - which would have worked out a lot less than the amount they finally had to pay.

Yet more poor customer service which actually ended up costing them quite a few hundred Swiss francs.
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Old 12.06.2012, 16:14
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Re: Flight Cancellation - European Union - compensation?

sleazy jet?
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Old 12.06.2012, 16:25
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Re: Flight Cancellation - European Union - compensation?

hmmm can you tell us more ecb?

Did you have to provide receipts etc?

What's the maximum compensation amount?

I would have thought they wouldn't compensate you for additional child care incurred so would defo want to know how you managed to squeeze money out of them.

I was stranded once in Dublin for 3 days due to the volcanic ash and had to reroute through Paris + TGV and in the end I got nothing from Air Lingus as I was staying at a friends and had no receipts for costs incurred. And they wouldn't even refund the TGV fare as they said I chose to go to Paris instead. and not to mention the additional holidays I lost as I wasn't back to work as expected.
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Old 12.06.2012, 16:25
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Re: Flight Cancellation - European Union - compensation?

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sleazy jet?
Nope. A supposedly far more respectable airline than that .. and closer to home ...
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Old 12.06.2012, 16:30
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Re: Flight Cancellation - European Union - compensation?

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hmmm can you tell us more ecb?

Did you have to provide receipts etc?

What's the maximum compensation amount?

I would have thought they wouldn't compensate you for additional child care incurred so would defo want to know how you managed to squeeze money out of them.

I was stranded once in Dublin for 3 days due to the volcanic ash and had to reroute through Paris + TGV and in the end I got nothing from Air Lingus as I was staying at a friends and had no receipts for costs incurred. And they wouldn't even refund the TGV fare as they said I chose to go to Paris instead. and not to mention the additional holidays I lost as I wasn't back to work as expected.

Receipts? No, you just had to quote the booking reference. If I had known I could also claim for my refreshments whilst I waited for 6 hours, then I would also have kept those receipts .. as this was (after the event) offered to me but I had not kept the receipts.

Compensation: In my case, it is 250 euros per flight (based on length (in km) of flight).

No they do not technically compensate you for additional costs - they simply compensate you for the fact that your flight was cancelled - but the reasoning behind this is cancellation always inevitably leads to additional costs, so you should be compensated to enable you to deal with them. (Plus to act as a deterrent for airlines who are cancellation happy).

Exceptions to the European Regulations are matters wholly out of control of the airlines like .. for example .. volcanoes. But in my case, recent caselaw now supports that modern airlines are run in the knowledge that aircraft will go tech and there should be sufficient plans in place (additional aircraft etc) to take account of this - thus meaning that a cancellation can be avoided. Blaming it on a broken down airplane is no defence.
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Old 12.06.2012, 16:39
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Re: Flight Cancellation - European Union - compensation?

I see so my case wouldn't have been covered by this as the cancelation was caused by a volcano. But even then I was told I could claim compensation as the air line has a duty to accomodate you / reroute / feed you while you wait for the next possible flight. I was lucky as I had somewhere to stay but someone else who might have been on holiday would have had to book a hotel etc, at the same time I guess I was in a sense naive by not exercising my rights to such duties, cos when it came down to it, I had zero receipts to show for my inconvinience and hence Air Lingus paid out zero back to me. It was nice to be there for an extra three days so that's my compensation
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Old 12.06.2012, 16:40
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Re: Flight Cancellation - European Union - compensation?

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I see so my case wouldn't have been covered by this as the cancelation was caused by a volcano. But even then I was told I could claim compensation as the air line has a duty to accomodate you / reroute / feed you while you wait for the next possible flight.
I think that's probably correct but it is a different part of the regulation which I didn't really check up on .. but having said, the Regulation is written in plain English/French/German etc etc. You don't have to be a lawyer to read it and understand what should be on offer.

Edit: Having just re read this, hope you don't think I was being rude .... more what I was saying is, it's not complicated and the text is easy to find in google, so read it and check whether or not you have any entitlement - don't be put off just because you think it will be in legalese...

Last edited by ecb; 12.06.2012 at 16:53.
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Old 12.06.2012, 16:50
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Re: Flight Cancellation - European Union - compensation?

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I was stranded once in Dublin for 3 days due to the volcanic ash and had to reroute through Paris + TGV and in the end I got nothing from Air Lingus as I was staying at a friends and had no receipts for costs incurred. And they wouldn't even refund the TGV fare as they said I chose to go to Paris instead. and not to mention the additional holidays I lost as I wasn't back to work as expected.
I know that there was uproar during this period and I was under the impression that most airlines (particularly low fare ones) used the "act of god clause" which mean't they were immune from compensation claims (though not a refund). I also think that the EU's laws in regards to compensation were ammended afterwards. That said this is going from what I read on a forum and I don't recall if what I read was backed up by anything more than "he said she said".
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Old 12.06.2012, 17:08
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Re: Flight Cancellation - European Union - compensation?

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Edit: Having just re read this, hope you don't think I was being rude .... more what I was saying is, it's not complicated and the text is easy to find in google, so read it and check whether or not you have any entitlement - don't be put off just because you think it will be in legalese...
No worries didn't think you were rude at all. I have the regulation somewhere and it was quite easy to read and I was pretty sure of what it said etc The airline was willing to compensate etc as long as I had receipts for what I was claiming for but unfortunately I didn't have anything to show for it.
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Old 12.06.2012, 17:48
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Re: Flight Cancellation - European Union - compensation?

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Thought it might be useful to update this thread.

Emailed the airline and asked for compensation with regard to my cancelled flight.

Heard nothing.

Finally a verbiose response boiling down to "we don't have to so we're not going to".

Saw Red. Got into a Stroppy Don't Mess With Me Mood.

Wrote back quoting relevant sections of European Union Regulation and requested compensation or the next step (as set out in Regs) would be to report them to the Aviation Authority of the country in which the flight originated.

Heard nothing.

After 3 weeks, wrote a chasing email and cc'd it to the CEO (having found his name on internet and concocted his email address from the format of the guy who had written back to me).

Next day received compensation.

Given the legal position, it would have been nice to have not had to go all lawyerly on them, but for once my previous life was of use.

So the message is, if your flight is cancelled or serverely delayed and it originates in the European Union (any carrier - the carrier does not have to be European, the flight just has to originate there) you are almost certainly entitled to compensation - there are a very few exceptions, and the aircraft breaking down is not one of them.

The irony is that I had incurred extra costs (travel costs and childcare costs due to my late arrival) and I would have been more than happy just with compensation of those costs - which would have worked out a lot less than the amount they finally had to pay.

Yet more poor customer service which actually ended up costing them quite a few hundred Swiss francs.
Is it possible to share with us the email addresses you tried (both the failed initial contact and the CEO)? that would be great...
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Old 12.06.2012, 18:20
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Re: Flight Cancellation - European Union - compensation?

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Is it possible to share with us the email addresses you tried (both the failed initial contact and the CEO)? that would be great...
err .. well pm me ..
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Old 12.06.2012, 19:13
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After a holiday in a southern EU country our return flights were over booked and our family of four waited 6 hours at the airport to be told we could only fly home the next day. Anger ... (hunger too).

Then they gave us vouchers for hotel, dinner, taxi to hotel, lunch (first they said "it's 4pm" then we said "we checked in at 10am and have been in queues since". Lunch vouchers. Still unhappy.

Then they sent us to the cashier for our regulation compensation: 400 Euro each. That's 1600 Euro for four of us - cash!!!!!

Happy, in fact skipped the voucher meals and had a smashing night out and always hoping we get bumped every year; part of our revised holiday plans :-) "book on busiest day and hope to get bumped and get an extra night plus holiday largely refunded". Over booking flights is part of this airlines business model it seems, they were clearly comfortable with the process. We could easily get comfortable too.

Gotta love the EU

Lisa
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Old 13.06.2012, 11:26
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Re: Flight Cancellation - European Union - compensation?

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err .. well pm me ..
pm'ed
cheers
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