Compensation for Delayed Flight? Dont bother?

homer911

Thought I would relate my story in case its any help to anyone.

Last September I was on a holiday in Lanzarote and was 4.5 hours late arriving home. Plane was full and overloaded with fuel in Lanzarote, then they had to take a lot of it off again and we had to stop off in Spain on the way back to refuel. Holiday was a package and flight was operated by a Chec charter company. Wasnt offered any refreshments or told of my rights. Contacted travel agency when I got home who told me to contact Airline. After a considerable time they came back and denied my claim saying it was exceptional circumstances - I had detailed in my claim why I felt it was valid, which they denied. I wasnt sure who to pursue this with and first tried the Chec authorities, who said it wasnt them. Then tried IAA who were actually very helpful, said it was actually the Canary authorities and forwarded on my claim. They then contacted the airline on 31/12 and asked for a response, agreeing I had a prima facia claim. The airline failed to respond to them in the timer permitted and they recently found in my favour - €200 per passenger!

Unfortunately that's where it ends. The finding is completely unenforceable unless I take them to court apparently! This is absolutely toothless legislation and not worth the paper its written on when airlines can simply ignore it and wave two fingers at the appeals process.

Rant over..:mad:

http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

cml387

I doubt whether any compensation should be due.
The pilot took as much fuel as he could but likely met headwinds and had to refuel.

homer911

cml387 wrote: »

I doubt whether any compensation should be due.
The pilot took as much fuel as he could but likely met headwinds and had to refuel.

The plane had a full load of passengers and luggage, weather conditions were known in advance as was the plane loading. Filling the plane with too much fuel was a mistake on the part of the pilot. Taking if off again was more time lost, as was landing again for refueling. The airline had the opportunity to respond to my appeal to the Spanish authorities and failed to do so. The Spanish authorities did not deem the circumstances exceptional as per the communicaton I received.

Whatever about the particular circumstances of my claim, it seems that airlines can simply ignore you with impunity and not engage in the process..

Snoopy1

This is not true. I had a delayed flight of 6 hours out of Dublin, and i claimed from the airline and got 250 euro refunded.
Seem like your flight took off on time, which is why they are not paying out.

homer911

Snoopy1 wrote: »

This is not true. I had a delayed flight of 6 hours out of Dublin, and i claimed from the airline and got 250 euro refunded.
Seem like your flight took off on time, which is why they are not paying out.

Flight was 3.25 hours late taking off and 4.5 hours late arriving. Cant imagine how you would think a flight from Lanzarote to Dublin would take off on time and arrive 4.5 hours late?!

The Hill Billy

You should be due compensation as there was in excess of a 3 hour delay. While they state that there were 'exceptional circumstances' this does not affect your claim. The 'exceptional circumstances' get-out clause is only valid when there is nothing that the airline itself can do to prevent the problem.

However, in this case the airline should have been in control of the fuel loading issue. As the Spanish authorities agree that this is the case you should contact them again & ask how to proceed given that the airline refuses to pay you.

Also compensation is due to all fee-paying passengers on your booking, including infants.

Snoopy1

homer911 wrote: »

Flight was 3.25 hours late taking off and 4.5 hours late arriving. Cant imagine how you would think a flight from Lanzarote to Dublin would take off on time and arrive 4.5 hours late?!

No where in your original post did you say flight was late taking off. You just said it had stopped to re-fuel. So excuse me for reading your post correctly.

skelligs

homer911 wrote: »

This is absolutely toothless legislation and not worth the paper its written on when airlines can simply ignore it and wave two fingers at the appeals process.

Rant over..:mad:

How is it toothless legislation when you haven't taken a court case? Only if you take a court case and get awarded by a court and then the airline refusing to pay, can you consider or state it is toothless.

Airline is disputing your claim and saying they are right, you and canary island air authorities say you are right, so in a disagreement only a court or other statutory body can decide the end result.

rubberdiddies

4.5 hours? sure i've had longer delays on the M50 in the bad old days

correct me if I'm wrong but the regulation itself doesnt say that compensation is payable in cases of delay. there are a couple of precendents in court i believe where people were paid compensation but i presume you'd have to take a court case to attempt to get this.

the airline however should have provided you with the following at the airport in lanzarote:
written notice
meals and refreshments
and
free phone calls or emails

Nonoperational

4.5 hours on a charter flight from Lanzarote? There are probably bigger battles in life worth taking on to be honest.

ch750536

All missing the point. The IAA thought this was a valid claim so that is not worth debating, they are the experts.

Point is - even though it was a valid claim and costs were awarded, the enforcing of this is not going to happen.