Consumer Rights Regarding Flight Delays

Lemlin

Basically, I was coming home from Faro in Portugal on Sunday. Flight was meant to leave Portugal at 18.15. Eventually left at 23.15, 5 hours late.

We were dumped at the airport in Portugal by Sunworld and then, as we cued for what we thought would be our normal flight time, an A4 card was put up saying we'd been delayed 5 hours or so. No Sunworld rep was there and the only explanation was that there was a technical hitch.

We were given €12 for a five hour delay (we were actually there from 4 so seven hours in totdal) as compensation. A burger, chips and drink cost €11.70! Sunworld inform me that it is all we were entitled to.

Their attitude when I rang them today was one of pretty much that "**** happens" and the usual bull that they'll hand on my complaint. I asked them for compensation for the €30 I had to pay for a taxi from the airport (I originally had a lift but couldn't ask someone to pick us up at 3am in the morning) and was flatly refused it.

I was just wondering if anyone knew anything about consumer rights regarding flight delays? Is €12 really all we were entitled to?

Other than that, I'd urge people not to go near a Sunworld holiday. To be dumped at an airport and told that there's a five hour delay without so much as even a rep to explain why is a disgrace. They just seemed to decide that it wasn't their problem. We'd also been delayed 3 hours when leaving Dublin.

Marathon_Man

See here.

http://www.eccdublin.ie/topics/air_travel.html#FD

Sponge Bob

Small claims court , claim for the taxi and other costs and the court costs themselves . You can do it online and the travel agent will not show up so you win .

whippet

to the OP, could you put a figure on what you think you should be compensated for?

Why do you feel you should recieve compensation for the taxi fare? was this not a cost outside of the control of Sunworld? you could have walked to the airport, hired a limo, helicoptor etc .. where does the buck stop.

Everybody knows that flights can be delayed, 1000s of reasons could be to blame. 5 hours isn't all that much in reality (I have been delayed by 18 hours before), they did provide a meal so food wasn't a problem.

It is a pain in a$$ when you have to sit around an airport for longer than expected, but such is life.

As for your comment about being their two hours before take off and therefore you were delayed by 7 hours, that gives me a better insight in to your mentality. These two hours you knew you were going to be sitting in the airport - so why do you want compensation for them?

Lemlin

whippet wrote:

to the OP, could you put a figure on what you think you should be compensated for?

Why do you feel you should recieve compensation for the taxi fare? was this not a cost outside of the control of Sunworld? you could have walked to the airport, hired a limo, helicoptor etc .. where does the buck stop.

Everybody knows that flights can be delayed, 1000s of reasons could be to blame. 5 hours isn't all that much in reality (I have been delayed by 18 hours before), they did provide a meal so food wasn't a problem.

It is a pain in a$$ when you have to sit around an airport for longer than expected, but such is life.

As for your comment about being their two hours before take off and therefore you were delayed by 7 hours, that gives me a better insight in to your mentality. These two hours you knew you were going to be sitting in the airport - so why do you want compensation for them?

Well I'd start with the €30 I was forced to pay for a taxi. I would feel the need for compensation because I was forced to pay €30 that I shouldn't of had to pay. Perhaps Sunworld aren't to blame for the delay but I'm sure they can go back and claim the cost off the flight company or whoever was.

Yes, everyone does know that a flight can be delayed. I accept that. However, it should be accepted that I and the other passengers had paid for a service and were treated very badly.

For example, why did a Sunworld rep not stay at the airport to explain why there was a delay? There was no representative there whatsoever. Just an A4 card saying we were delayed 5 hours. Would you think this is acceptable? I paid for a service and my problem is that it was delivered poorly.

I didn't say I wanted compensation for the two hours. I am pointing out how long we were stuck in that airport. My other big problem was the attitude of the customer service representative I rang on Monday. She made me even more annoyed tbh.

You may be willing to just think "ah, life goes on" but I'd at least like to know why the flight was delayed five hours. At least a better explanation than a "technical hitch". Such an easy reason to give.

The overall attitude of Sunworld and their representatives has been very poor. That is my main problem. If they had given a valid explanation and treated us correctly, I'd have no problem with the delay.

Small claims court , claim for the taxi and other costs and the court costs themselves . You can do it online and the travel agent will not show up so you win .

How can I go about applying Spongebob?

whippet

Lemlin wrote:

Well I'd start with the €30 I was forced to pay for a taxi. I would feel the need for compensation because I was forced to pay €30 that I shouldn't of had to pay.

I am a little confused here, how did sunworld force you to pay €30 for a taxi? Were they responsible for getting you to the airport? If not then you will not get a penny for this.

With regards to compensation for flight delays, there is clear leglislation from the EU regarding your entitlements and courts will not give you any more than what the warsaw convention sets out.

Did you want the airline to give you a full techinical brief as to what the technical problem is? What difference would it have made. When you arrived at the airport you were told that there was a 5 hour delay. What else did you want them to do? Obvioiusly the plane you were scheduled to fly on needed a part or a repair .. these things take time and I am sure you would prefer to fly on a properly maintained plane.

Apart from the cost of your taxi (which has nothing to do with sunworld) you were not out of pocket, they provided a meal, gave notice of the delay ... what more do you feel you are entitled to?

It is a whole different matter if you feel they were not caring enough or didn't have reps holding your hands for 5 hours .. but this does not entitle you to compensation .. all you can do is choose not to give them your business next time.

mcaul

If this went to court the simple question would be where did the holiday booking start.

Did Sunworld organise your travel from your door or did it start at the airport.

If they did not provide transport from your door, then unfortunately they are not liable for the cost of your returning from the airport.

As for flight delays - welcome to the world of air travel ESPECIALLY package holidays!!

Colonel Sanders

The only way the taxi fare will be paid for by Sunworld is as a goodwill gesture (not bloody likely). I assume their only responsibility was to get you from airport A to airport B? How you got to and from Dublin airport is not their responsibility. Its a pain but thats the wya it is. i had a similar experience with Air france this summer. Was (quite smuggly) told by the customer service manager that the contract is only to get you from A to B and after that it was nothing to do with the company (its a long long story what actually happened, I won't go into it here!!).

Do what i did with Air france, swear never to use this crowd again (I'd be hard pushed to set foot on an Air France flight again if you gave me a free ticket) and tell everyone you can about their poor service to ensure that they also never use them!!!

SerialComplaint

Does your travel insurance policy provide any cover for flight delays?

Lemlin

whippet wrote:

I am a little confused here, how did sunworld force you to pay €30 for a taxi? Were they responsible for getting you to the airport? If not then you will not get a penny for this.

With regards to compensation for flight delays, there is clear leglislation from the EU regarding your entitlements and courts will not give you any more than what the warsaw convention sets out.

Did you want the airline to give you a full techinical brief as to what the technical problem is? What difference would it have made. When you arrived at the airport you were told that there was a 5 hour delay. What else did you want them to do? Obvioiusly the plane you were scheduled to fly on needed a part or a repair .. these things take time and I am sure you would prefer to fly on a properly maintained plane.

Apart from the cost of your taxi (which has nothing to do with sunworld) you were not out of pocket, they provided a meal, gave notice of the delay ... what more do you feel you are entitled to?

It is a whole different matter if you feel they were not caring enough or didn't have reps holding your hands for 5 hours .. but this does not entitle you to compensation .. all you can do is choose not to give them your business next time.

TBH I posted here looking for help, not somebody with a bad attitude!

Read the post. Sunworld forced me to pay €30 for a taxi by not having an airline who can run on time. The max delay to any other flight that night was 2 hours.

They were responsible for getting me to the airport at 21.15 as the tickets which they provided me with said they would. If they had even got me there anytime before 12 o'clock I would have been happy but by the time they got me there it was too late to ask for a lift, as I have pointed out.

I would of appreciated a better explanation than 20 words on an A4 card also. As pointed out, the other passengers and I had paid for a service to be provided. This service was provided in a poor manner so I feel I have the right to complain.

I never said I wanted a rep to hold my hand. I said I wanted a decent explanation and I feel that could have been given more suitably by a rep of the company than an A4 card. Sunworld seemed to think that to just dump us at the aiport was good enough.

They provided the cost of one meal knowing that the passengers had a seven hour wait ahead as well as a three houre flight. Do most people eat once in ten hours? My point is that they were provided the bare minimum, if even that.

I certainly wouldn't give them my business again.

parsi

Sorry - but they comitted to getting you to Dublin from Faro. They at never stage comitted to getting you back in time to get a lift home from a mate. All any airline has to do is get you to the airport they said they would. They may be required to provide accomodation if the delay is over x hours but once they get you to the place they said they would you're on your own.

Now maybe you had a specific contract covering actual times etc....

Lemlin

parsi wrote:

Sorry - but they comitted to getting you to Dublin from Faro. They at never stage comitted to getting you back in time to get a lift home from a mate. All any airline has to do is get you to the airport they said they would. They may be required to provide accomodation if the delay is over x hours but once they get you to the place they said they would you're on your own.

Now maybe you had a specific contract covering actual times etc....

My main point though would be their poor attitude in having no representative to explain the delay and the poor attitude of their customer service staff when I rang them.

I wouldn't of even asked for the €30 compensation if it were not for that.

jawlie

It seems to me Lemlin is angry and wants someone to be punished. Although it is frustrating to experience delays at airports, it is something which is a hazard of flying. If you are going to get so angry about it, maybe you should avoid flying in the future?

You don't seem able to take on board the points made about the flaws in your argument about Sunworld "making" you pay for a taxi. It would be an interesting one to try to argue in a court, although the chances of you winning seem remote.

Lemlin

jawlie wrote:

It seems to me Lemlin is angry and wants someone to be punished. Although it is frustrating to experience delays at airports, it is something which is a hazard of flying. If you are going to get so angry about it, maybe you should avoid flying in the future?

You don't seem able to take on board the points made about the flaws in your argument about Sunworld "making" you pay for a taxi. It would be an interesting one to try to argue in a court, although the chances of you winning seem remote.

Okay then, let's forget the €30 for the taxi. The main thing I want addressed is the fact that I paid Sunworld for a service and they provided it in a shoddy manner.

I am not talking about the delay. I am taking in the way the delay was handled. Even the girl on the phone commented staff should of been there to address passenger issues before I told her that only an A4 card was left explaining the delay.

Sunworld provide a service. When providing a service you have to give a complete service IMO. They failed to do this and alot of people on the flight had a problem in the fact that we were just dumped at the airport and left. No explanation for a five hour display other than 20 words on an A4 card.

The airport staff had little English and could not explain when a few people asked. I was in a better position than alot of people who had to travel far from the airport that night and had work in the morning or others who had to sit round an airport for an extra five hours with young children. Was any help offered by Sunworld to these people? Not a bit.

whippet

Lemlin wrote:

I told her that only an A4 card was left explaining the delay.

we were just dumped at the airport and left. No explanation for a five hour display other than 20 words on an A4 card.

So, they did explain the delay? You are just not happy with the way they explained it. Again no grounds for compo, just don't use the company again if you feel that way.

I am sure if you look in to it, sunway would have fulfilled all their obligations as a carrier, anything more they do is goodwill etc.

You seem to have accepted that the 30 quid on the taxi had nothing to do with sunway, I am sure you will now see that sunway owe you nothing in terms of compensation.

And for the record, I don't have a bad attitude, just looking at your situations with some form of rational thinking as opposed to your emotive views.

calsatron

Under the new EU air passenger rights introduced in 2005 if your delayed for 5hrs+ your entitled to refreshments, the use of a telephone and hotel room if appropriate. The airline could argue, correctly, that since the flight was leaving just after the 5hr mark the use of a hotel room was not appropriate.

As for missing your connection:

From Ryanair's Conditions of Travel:

"Ryanair is strictly a 'point to point' airline. We therefore do not offer, and cannot facilitate, transfer for passengers or their baggage to other flights, whether operated by Ryanair or other carriers. We recommend that passengers do not book connecting flights on Ryanair services. Ryanair assumes no responsibility for making connections and therefore will not be liable for any losses or expenses arising out of any failure to achieve a planned connection."

"Carrier undertake to use its best efforts to carry the passenger and baggage with reasonable dispatch but times shown on the ticket, in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft or may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections. "

calsatron

Sorry just reread that and your contract was with Sunworld. Sunworlds delay policy seems to be "take it up with the carrier" and you don't mention who you flew with.


13. FLIGHTS AND FLIGHT DELAYS

(b) Flight delays sometimes occur. When a delay occurs the Organiser will try to ensure that up to date information and appropriate facilities e.g. refreshments are provided. However, such arrangements are the responsibility of the relevant airline. Travel Insurance has been designed to cover such eventualities and in this regard the Consumer should refer to his Travel Insurance policy.