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EU261 compensation discussion

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    #32
    notharrypotter
    Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    Fred Swanson wrote: »
    This post has been deleted.
    Curious as to your qualification to say when it is safe to operate a flight during adverse weather.


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    #33
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #34
    Toga Stroll
    Registered Users Posts: 81 ✭✭Toga Stroll


    Can anyone clarify a few things for me please. Firstly I have been waiting for 7 weeks for my compensation claim to be processed, is this delay allowed? Also am I entitled to apply for a refund for the flight as well as claim compensation? And I was forced to book another flight the night I was delayed as I had to get to an event, does this effect my claim? Thanks


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    #35
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    Toga Stroll wrote: »
    Can anyone clarify a few things for me please. Firstly I have been waiting for 7 weeks for my compensation claim to be processed, is this delay allowed?

    Generally no - but what are you going to do about it?

    Also am I entitled to apply for a refund for the flight as well as claim compensation?

    Yes
    And I was forced to book another flight the night I was delayed as I had to get to an event, does this effect my claim? Thanks

    No. You should get refunded for the flight and EU261 compensation if relevant (cancellation was outside of airline control).


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    #36
    BrokenArrows
    Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    Compensation is only paid when the airline could have prevented the delay.
    eg. Staff shortages, plane not being ready etc.

    Stuff like bad weather, airport fires etc cannot be claimed because the airline cannot control those.


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    #37
    Toga Stroll
    Registered Users Posts: 81 ✭✭Toga Stroll


    grogi wrote: »
    Generally no - but what are you going to do about it?




    Yes



    No. You should get refunded for the flight and EU261 compensation if relevant (cancellation was outside of airline control).

    Hi thanks for that. On the delay front I’m going to lodge a complaint with the aviation regulator and see what that manages to do. Says on Ryanair website wait time should be 10 days and it’s been 44. Thanks again


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    #38
    Toga Stroll
    Registered Users Posts: 81 ✭✭Toga Stroll


    Actually I think I may have an issue on getting a refund as I was in such a rush trying to find another flight I did not cancel the Ryanair flight.


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    #39
    Bartek7
    Registered Users Posts: 10 ✭Bartek7


    Hi guys, just a quick question.

    My flight was cancelled recently, and I have completed the claim form on the 14/06/2018. On the 26/06 i have received an e-mail saying the below:

    "We wish to confirm that a refund of your cancelled flight, from the booking in the amount of 65.98 EUR has been processed to the original form of payment used and this refund should be reflected on your next statement.

    We also inform that a bank transfer for the sum of 732.01 EUR (equivalent to 250 EUR per customer) has been authorised by Ryanair in full and final settlement of your claim under EU 261. The sum includes also additional expenses and the price difference between the tickets from booking."

    I have received the refund of €65.98 2 days later (28/06), but still no sign of the €732. Can someone confirm (based on their own experience) that I am due this amount (hopefully shortly!)? It seems pretty weird to me that the refund was processed within two days of that e-mail?


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    #40
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    Bartek7 wrote: »
    Hi guys, just a quick question.

    My flight was cancelled recently, and I have completed the claim form on the 14/06/2018. On the 26/06 i have received an e-mail saying the below:

    "We wish to confirm that a refund of your cancelled flight, from the booking in the amount of 65.98 EUR has been processed to the original form of payment used and this refund should be reflected on your next statement.

    We also inform that a bank transfer for the sum of 732.01 EUR (equivalent to 250 EUR per customer) has been authorised by Ryanair in full and final settlement of your claim under EU 261. The sum includes also additional expenses and the price difference between the tickets from booking."

    I have received the refund of €65.98 2 days later (28/06), but still no sign of the €732. Can someone confirm (based on their own experience) that I am due this amount (hopefully shortly!)? It seems pretty weird to me that the refund was processed within two days of that e-mail?

    65 went to the card, the rest goes through the current account.


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    #41
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,722 Mod ✭✭✭✭L1011


    Or by cheque if you didn't give them BIC/IBAN but they do have your home address. That takes up to a month.


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    #42
    Bartek7
    Registered Users Posts: 10 ✭Bartek7


    Lads, thanks for your answers.

    Just to be Sure - did you receive a similar email before? Just trying to plan my budget for the coming days 😅


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    #43
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,722 Mod ✭✭✭✭L1011


    Yes. Don't expect the money that fast even if you gave BIC/IBAN.


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    #44
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Some help please.

    My flight Aer Lingus flight last night from Gatwick was delayed by over 4 hours.

    Where/how do I find the form to make a claim?

    Thanks


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    #45
    Toga Stroll
    Registered Users Posts: 81 ✭✭Toga Stroll


    TheTorment wrote: »
    Some help please.

    My flight Aer Lingus flight last night from Gatwick was delayed by over 4 hours.

    Where/how do I find the form to make a claim?

    Thanks

    https://eu261compensationclaims.ryanair.com
    There’s several forms online but I think I used this one. Be prepared to wait though. Only just got contacted by Ryanair saying they had approved my claim almost 4 months later. I called/chatted online several times over the course of that but they just continually said there were delays even though I knew of others who had received theirs long before me. Took an official complaint against them and a threat of the aviation commission for them to finally respond. They really are a terrible company.


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    #46
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,722 Mod ✭✭✭✭L1011


    Toga Stroll wrote: »
    https://eu261compensationclaims.ryanair.com
    There’s several forms online but I think I used this one. Be prepared to wait though. Only just got contacted by Ryanair saying they had approved my claim almost 4 months later. I called/chatted online several times over the course of that but they just continually said there were delays even though I knew of others who had received theirs long before me. Took an official complaint against them and a threat of the aviation commission for them to finally respond. They really are a terrible company.

    Wrong airline - the poster asking was on Aer Lingus.

    I think Aer Lingus require it to be done by post still (!) using this form - https://www.aerlingus.com/media/pdfs/claim_application_form.pdf - but I haven't had to do it myself with them so not certain


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    #47
    stargazer 68
    Registered Users Posts: 5,076 ✭✭✭stargazer 68


    L1011 wrote: »
    Wrong airline - the poster asking was on Aer Lingus.

    I think Aer Lingus require it to be done by post still (!) using this form - https://www.aerlingus.com/media/pdfs/claim_application_form.pdf - but I haven't had to do it myself with them so not certain
    That's for expenses and a refund. I haven't been able to find the 261 form for Aer Lingus either and it's for a cancelled flight!


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    #48
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    Dovies wrote: »
    That's for expenses and a refund. I haven't been able to find the 261 form for Aer Lingus either and it's for a cancelled flight!

    Contact CS without a form then.

    State:
    - your name and address
    - reservation number
    - flight number, date, departure and arrival airport
    - your bank account details
    - be clear that you are seeking the EU261 compensation.


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    #49
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    I found this https://www.aerlingus.com/support/forms/post-travel-enquiry/

    In the section marked "issue" there is a section for EU261

    I presume this is what I look for?


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    #50
    stargazer 68
    Registered Users Posts: 5,076 ✭✭✭stargazer 68


    Aer lingus have now come back and said it was an Air Traffic Control decision to cancel the flight so no compensation due. Any way of actually checking if that's true? Other flights came in at the same time.


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    #51
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    Ask them for a copy of documentary evidence showing ATC cancelled the flight


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    #52
    rivegauche
    Registered Users Posts: 1,035 ✭✭✭rivegauche


    https://www.juraforum.de/recht-gesetz/fluggesellschaft-darf-flug-wegen-streik-der-passagierkontrolle-nicht-einfach-streichen-632720

    Some more clarification regarding EU261 from the German Federal Court.

    The judgement is complicated but what it basically states is that if the employees at the security checks go on strike that doesn't necessarily mean that the airline flying from that airport can cancel all flights.
    The must continue to provide service in so much as they can in spite of the strike rather than taking a blanket decision to cancel all flights on a particular day.

    Eurowings here was the airline which just decided to cancel all flights when they were informed of a strike by security staff on a particular day and just sent their plane out of the German airport empty leaving all passengers including the complainant and his new wife stranded.

    The reasoning behind the judgement would probably apply to other critical staff which the airline depends upon who aren't employed by the airline.

    Unless the Unions in these other organisations are made responsible for the damage caused by their industrial action then they will drag airlines down in to bankruptcy. It is OK now when the aviation market is fairly healthy but in a recession a strike by baggage handlers, followed by ATC, followed by security staff would drive some of the airlines in to administration.


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    #53
    mikemac2
    Registered Users Posts: 2,926 ✭✭✭mikemac2


    A few months ago I had a flight from Dublin to Charleroi. It showed up in Dublin at our gate one hour late but that’s ok

    We went through the gate and got to the steps and got stopped. The captain or first officer was very cool and confident and said the crew were close to “out of hours” so operations had switched our plane

    Our plane was given to Dublin - Manchester and we left Dublin eventually on another plane arriving in Belgium at 2am

    I have a letter sent by email from Ryanair confirming a delay of 4 hours 15 minutes

    Lodged a EU261 claim and was denied citing “airport closure” Dublin was never closed. Did our aero plane get delayed earlier in the day due to a closure? Maybe but didn’t see anything in google and I don’t have that info

    I’ll have to appeal sigh


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    #54
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    What happens at other airports is none of your concern.


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    #55
    Browney7
    Registered Users Posts: 3,098 ✭✭✭Browney7


    Was flying back to Ireland from Europe the night of storm Ali (the storm had passed several hours previously but the backlog caused widespread delays). Flight arrived 3.5 hours late into Dublin. Ryanair declined EU261 citing exceptional circumstances.

    Read on the UK CAA site that weather effecting earlier flights isn't exceptional. Is it worth an appeal and to whom do I appeal if so?


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    #56
    rivegauche
    Registered Users Posts: 1,035 ✭✭✭rivegauche


    https://www.aviation24.be/airlines/ryanair/barcelona-court-rules-that-ryanair-does-not-have-to-pay-eu261-compensation-for-internal-strikes/

    Barcelona court rules that Ryanair does not have to pay EU261 compensation for internal strikes


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    #57
    darlett
    Registered Users Posts: 2,312 ✭✭✭darlett


    Have just arrived back from Aer Lingus flight delayed 15-16 hours. I dont really understand what caused it, or if its covered by the EU261 law, and im wondering what steps i should take next. Just straight asking Aer Lingus seems likely to result in them saying no for a reason i wont be able to follow. I imagine the phrase 'outside our control' will be there but again they didnt offer any reasons for it.


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    #58
    Jack1985
    Registered Users Posts: 2,497 ✭✭✭Jack1985


    darlett wrote: »
    Have just arrived back from Aer Lingus flight delayed 15-16 hours. I dont really understand what caused it, or if its covered by the EU261 law, and im wondering what steps i should take next. Just straight asking Aer Lingus seems likely to result in them saying no for a reason i wont be able to follow. I imagine the phrase 'outside our control' will be there but again they didnt offer any reasons for it.

    EU261 for North America applies to all licenced European airlines heading Eastbound (to Europe) and to all airlines heading Westbound (to the US). EU261 therefor does apply in this case.

    More information about submitting a claim and compensation entitlements can be found here:
    https://www.aviationreg.ie/air-passenger-rights/faqs.213.html


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    #59
    ted1
    Registered Users Posts: 23,271 ✭✭✭✭ted1


    grogi wrote: »
    In short, EU261 apply when it's airline fault. Main reasons would be:
    - there was a problem with the aircraft
    - there was a problem with Ryanair staff - strike, someone called in sick last second etc.

    All other reasons - exp. airport closure due to weather, strike at ATC or the airport (of non-Ryanair personel and their contractors, such as luggage handling) etc. - don't entitle one to make EU261 claim.

    A court in Barcelona ruled that strikes don’t count as they are outside the companies control


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    #60
    darlett
    Registered Users Posts: 2,312 ✭✭✭darlett


    Jack1985 wrote: »
    EU261 for North America applies to all licenced European airlines heading Eastbound (to Europe)... EU261 therefor does apply in this case...

    Thanks for your quick reply. Not sure I follow why it won't apply, or maybe I described it wrong, but it was a flight from NJ, USA to Dublin with aer Lingus.


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    #61
    Jack1985
    Registered Users Posts: 2,497 ✭✭✭Jack1985


    darlett wrote: »
    Thanks for your quick reply. Not sure I follow why it won't apply, or maybe I described it wrong, but it was a flight from NJ, USA to Dublin with aer Lingus.

    Yep it does apply to your particular case as I said in my reply. :)


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