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Old 05.12.2018, 14:55
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delayed flight, what to do?

Hi everybody!


In September I flew to Tallinn with Air Baltic.
On the way back I was scheduled to take the earliest flight and land in Zurich during the morning, to go to work afterward, all with a connecting flight in Riga.
Sadly the first flight was delayed, by 4h, and I missed the connection, so landed in Zurich in the evening, with somewhere around 8h delay.
On asking the airline, they answered that there would be no compensation as it was a weather radar defect, and they claimed it was extraordinary circumstances. Now online searches told me that random technical defects do not count as "extraordinary circumstances" and that they should still compensate for the delay (and I still get flak at work for having missed that day, as there were customers waiting for me all afternoon).
So, not really having the energy to fight this myself, I registered a claim with AirHelp. They just sent me an email, after 1.5 months, that they gave up.


"Previous attempts at this location were unsuccessful, and we strongly believe that is not likely to change in this case."


Does anybody here have any idea how to move forward?
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Old 05.12.2018, 15:14
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Re: delayed flight, what to do?

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Hi everybody!


In September I flew to Tallinn with Air Baltic.
On the way back I was scheduled to take the earliest flight and land in Zurich during the morning, to go to work afterward, all with a connecting flight in Riga.
Sadly the first flight was delayed, by 4h, and I missed the connection, so landed in Zurich in the evening, with somewhere around 8h delay.
On asking the airline, they answered that there would be no compensation as it was a weather radar defect, and they claimed it was extraordinary circumstances. Now online searches told me that random technical defects do not count as "extraordinary circumstances" and that they should still compensate for the delay (and I still get flak at work for having missed that day, as there were customers waiting for me all afternoon).
So, not really having the energy to fight this myself, I registered a claim with AirHelp. They just sent me an email, after 1.5 months, that they gave up.


"Previous attempts at this location were unsuccessful, and we strongly believe that is not likely to change in this case."


Does anybody here have any idea how to move forward?

As you say, move forward...


You can forget it, because of the massive compensation culture nurtured by the EU, it is getting far harder to get anything when a flight is delayed
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Old 05.12.2018, 15:33
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Re: delayed flight, what to do?

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As you say, move forward...


You can forget it, because of the massive compensation culture nurtured by the EU, it is getting far harder to get anything when a flight is delayed

And so just throw all laws overboard?
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Old 05.12.2018, 15:46
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Re: delayed flight, what to do?

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Does anybody here have any idea how to move forward?
all the information you need is here...

https://www.moneysavingexpert.com/travel/flight-delays/
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Old 05.12.2018, 16:09
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Re: delayed flight, what to do?

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Hi everybody!


In September I flew to Tallinn with Air Baltic.
On the way back I was scheduled to take the earliest flight and land in Zurich during the morning, to go to work afterward, all with a connecting flight in Riga.
Sadly the first flight was delayed, by 4h, and I missed the connection, so landed in Zurich in the evening, with somewhere around 8h delay.
On asking the airline, they answered that there would be no compensation as it was a weather radar defect, and they claimed it was extraordinary circumstances. Now online searches told me that random technical defects do not count as "extraordinary circumstances" and that they should still compensate for the delay (and I still get flak at work for having missed that day, as there were customers waiting for me all afternoon).
So, not really having the energy to fight this myself, I registered a claim with AirHelp. They just sent me an email, after 1.5 months, that they gave up.


"Previous attempts at this location were unsuccessful, and we strongly believe that is not likely to change in this case."


Does anybody here have any idea how to move forward?
F**k the customers!
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Old 05.12.2018, 16:10
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Re: delayed flight, what to do?

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And so just throw all laws overboard?

How much you actually talking about for a short European hop ?


Is not your time worth a bit more ? Ypou've tried, you've had somebody try on your behalf and both failed, how much more time you want to waste, you may be successful eventually, but common sense says it's going to take a whole léoot more effort for a very small payout of €250 maximum, if i am not mistaken.
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Old 05.12.2018, 16:15
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Re: delayed flight, what to do?

Most airlines care about ther reputation.

Sometimes it helps if you post stuff on their facebook page and similar. Stay factual, don't get angry or emotional or accuse anybody of anything.. Don't bang on about your rights or how they are wrong about anything. Just stick to the facts and politely ask if they can help.

I have in the past found that doing that gets them to help. Nothing looks as good on their social media page as a case that gets resolved quickly.
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Old 05.12.2018, 16:19
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Re: delayed flight, what to do?

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F**k the customers!
You could have at least rang your workplace and told them the plane was delayed.
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Old 05.12.2018, 16:24
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Re: delayed flight, what to do?

If it had just been on another day, you arrive a bit later, fine. I've had plenty of delays and never claimed anything.

But losing a whole day at work, which was deducted from my salary, this hurt.
The flight itself was around CHF250.
And my sense of ethics tells me that, if we just give up on things like that, there is an incredible injustice, airlines can just stop preventive maintenance and go "oh, sorry, our plane's not working today, we'll just book you on the next one, right?"
This bothers me, maybe more than it should, but I can't stand dishonesty.
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Old 05.12.2018, 16:27
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Re: delayed flight, what to do?

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You could have at least rang your workplace and told them the plane was delayed.
I did keep them updated with all the information we were getting (which was not a lot, as they were probably busy trying to get the plane in working order and it's hard to predict when the problem will be fixed).
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Old 05.12.2018, 16:55
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Re: delayed flight, what to do?

The day was actually deducted from your salary?

What kind of company do you work for?
Eight hours are quickly back on the clock, there was a reason ("act of nature beyond control", you got it in writing by the airline, right? ) and they were informed.
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Old 05.12.2018, 17:27
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Re: delayed flight, what to do?

I am not sure what a weather radar defect is.

Was it the onboard weather radar that some passenger jets have? Or was it the weather radar at the airport which was not working? This could close an airport, or reduce operations for safety reasons. It could have been the air traffic control terminal or enroute weather radar which allow them to sequence flights in and out of airports or between them.

As the claims agent has given up I suspect that the reason for the delay was outside of the direct control of the airline. Those sharks don’t give up on their commissions easily. If you had a valid claim they would have pursued it.

The cardinal rule is if you absolutely have to be somewhere, take an earlier flight.

And be thankful that you arrived at your destination alive albeit a little poorer.
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Old 05.12.2018, 17:37
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Re: delayed flight, what to do?

Other flights had no problems - even other flights to Riga, by different companies.
My guess was that airhelp invested some time in it, went "ah, no, we sent 2 emails, not worth the xx euros anymore" and gave up.
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Old 05.12.2018, 18:48
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Re: delayed flight, what to do?

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Other flights had no problems - even other flights to Riga, by different companies.
My guess was that airhelp invested some time in it, went "ah, no, we sent 2 emails, not worth the xx euros anymore" and gave up.
Seems strange.

I agree with the above post that if it was a fault at the airport, no compensation... if it was a technical fault on the plane, you're entitled.

I'd also agree with amogles to put posts on their social media accounts until they get back to you. Not sure what else you can do.
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Old 05.12.2018, 19:20
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Re: delayed flight, what to do?

Well if capacity is reduced, that means some flights can operate and others cannot.

Can you tell us the airport and perhaps the airline and the date?

The claims agents know the law very well. And they know that if an airline ignores them the country’s National Enforcement Body can compel them to payup, if the claim is valid.
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Old 05.12.2018, 21:37
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Re: delayed flight, what to do?

It is highly unlikely you'll ever get any "consequential damages" anyway
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Old 05.12.2018, 22:02
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Re: delayed flight, what to do?

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Hi everybody!

In September I flew to Tallinn with Air Baltic.
On the way back I was scheduled to take the earliest flight and land in Zurich during the morning, to go to work afterward, all with a connecting flight in Riga.


[...]


Join the club. I had exactly the same experience with Air Baltic. They admitted it was their fault (airplane technical issue), but refused to pay anyway. They even argued that they won't pay because this regulation doesn't apply in Switzerland, even if this is clearly not the reason because it also applies to all flights to/from EU with EU airline. I tried Airhelp too, and got exactly the same answer - "Previous attempts at this location were unsuccessful, and we strongly believe that is not likely to change in this case." My reading of this is that AirBaltic simply ignores this rule, the only way to get your money is to sue them and Airhelp isn't motivated enough to go that far. By the way, Zurich to Tallinn is just over 1500km, so the compensation should be EUR 400, and it adds up quickly when travelling with family.
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Old 05.12.2018, 22:06
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Re: delayed flight, what to do?

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As you say, move forward...


You can forget it, because of the massive compensation culture nurtured by the EU, it is getting far harder to get anything when a flight is delayed
Actually it's quite easy, got paid out 400 euro within 2 weeks for an Air Malta flight from Gatwick @11.55 which supposedly had a flat tyre! Ended up on the Heathrow flight later in the day. British Airways plays the idiot but ultimately does pay out.
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Old 05.12.2018, 22:57
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Re: delayed flight, what to do?

We had success getting money from Iberia for a Spain to Switzerland flight with the agency Flightright. Iberia settled out of court just before the court case in Paris. Even after Flightright took 25%, we got more in compensation than the flights originally cost and the delay was only just over 4 hours.
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Old 05.12.2018, 23:19
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Re: delayed flight, what to do?

The compensation for delays is NOT in the Regulation adopted by the EP (and incorporated into Swiss legislation), it comes from an interpretation of the regulation by the European Court of Justice.

ECJ rulings do not automatically apply in Switzerland (nor should they) and Swiss legislation still does not reflect the interpretation.

Some airlines, for example Swiss, do pay compensation based on the interpretation but they are NOT required to, at least for for contracts concluded here.
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