Flight Delayed By by 17 hours 23 minutes, With Two Different Excuses And Times

torrevieja · 01-08-2019 08:44PM #1

I was travelling To Paphos a few weeks ago from Dublin and the flight was Cancelled, we were sent to a Hotel, they told us to claim under eu law as flight was cancelled and we would get €600 back as it was a long flight,there would be no problem.

We barely hit the sack and they were waking us up to get back to the airport,

17 hours 23 minutes later we took off,

When we landed we were given a letter getting off the plane saying Apologising for the Delay and giving a reason for the Delay as : The Aircraft operating your flight was delayed due to the late arrival of its previous rotation , this resulted in operating crews exceeding their legally permitted working hours and minnium rest was required , your first flight operated at the earliest opportunity the following day , Total length of delay 17 hours 23 minutes,
If you are covered by Holiday insuranceand would like to pursue a claim the above information will help you.

I sent a complaint through there website they sent back a reply 4 weeks later saying : Sorry to hear about your delay blah blah,

European regulations EC 261/2004 states that we as the Airline may have to pay compensation to you when you experince a long delay of over 3 hours on Arrival but only if the delay wasn;t cause by extraordinary circumstances,

We have investigated your claim for your flight delay 17 hours and now 37 minutes and our delay handling logs show that your flight was delayed due to Air Traffic Control restricitions in place Due to thunderstorms along the Route which affected the operating Schedule of your flight , We take the safety and well being of our passengers and crew extremley seriously, and that teh delay was classified as extraordinary circumstances under regulation 261/2004 of the european union

So basically there saying firstly two different reasons for the delay and adding extra minutes on to the Flight Delay Time ,

Any help Appreciated
Mods if im in the Wrong forum would you kindly Correct this please

L1011 · 01-08-2019 09:50PM

Delays to prior flights, which is what this appears to be, do not impact you in any way. Respond stating that.

Only actual weather impacts to your specific flight are relevant.

torrevieja · 01-08-2019 10:09PM

L1011 wrote: »

Delays to prior flights, which is what this appears to be, do not impact you in any way. Respond stating that.

Only actual weather impacts to your specific flight are relevant.

i will L1011, but after them saying this and handing me a letter at airport about prior flights , there now contradiciting themselves saying it was thunderstorms ?

kathleen37 · 01-08-2019 10:39PM

Someone asked something similar in the Ryanair thread

Check these websites with your flight details

https://www.flightradar24.com/54.64,4.32/6

https://uk.flightaware.com/

These two are are both claims sites though so make sure you don't put in your real info if asked for it as you'll be bombarded with requests to make a claim on your behalf (ALWAYS make delay claims yourself) These two sites specialise in flight claims so their checker info is good.

https://www.bottonline.co.uk/flight-...ion/calculator

https://www.euclaim.co.uk/free-flight-check#/problem

Good luck

kathleen37 · 01-08-2019 10:43PM

This is an invaluable guide to claiming according to the EU rules.

https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

For example, as per L1011's post, the guide references the "Finair Judgement - This European Court judgment, also from October 2012, ruled that ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation to compensate a passenger to whom it denies boarding on such a flight (ie so-called “knock-ons”)"

A link to all the relevant judgements are included in the guide.

torrevieja · 01-08-2019 11:09PM

I meant to say that we boarded the plane and was on for a few hours then we had to get off as the staff were over there time

Innervision · 02-08-2019 12:36PM

Torrevieja myself and my husband were also on that flight, and have gotten the same response for our claim! I went back to them straight away forwarding their email they sent the day after the flight with the reason for the delay with no mention of weather. Still waiting on a response, their Twitter account says they'll only look into it after 28 days have passed since my email so will get onto them shortly.

kathleen37 · 02-08-2019 05:43PM

@Innervision - if they come back to you again, you need to reference the Finair judgement in October 2012 - that covers yours and @torrevieja's situation exactly. (Read through the link to Vauban's pdf guide. It has a link there to the actual full judgement which you can cut and paste and reference if you need to.)

You are all entitled to €600 each, as Paphos is over 3500km from Dublin.

https://www.citizensinformation.ie/en/travel_and_recreation/air_travel/compensation_for_overbooked_and_delayed_flights.html

If TUI don't play ball (they should once they are "reminded" of the judgement and "an air carrier rescheduling flights cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation to compensate a passenger to whom it denies boarding on such a flight (ie so-called “knock-ons”)" then contact rhe Commission for Aviation Regulation;

https://www.flightrights.ie/

to make a complaint. You's really shouldn't need to.

Good luck!

Innervision · 02-08-2019 07:49PM

Thanks kathleen37, much appreciated!

torrevieja · 03-08-2019 12:05AM

one thing i should have said at beginning was they actually did let us board the original first flight and kept us on board for a few hours on runway ready to take off , then took us off

I have just checked playback on flight radar For the 19th June, surprise surprise Ryanair were able to fly from Paphos to Dublin no problems and take off from Dublin to Paphos the same day ðŸ˜‰ðŸ˜‚

endofrainbow · 03-08-2019 02:15PM

https://www.tripadvisor.ie/ShowTopic-g1-i10702-k12763821-Flight_Delayed_By_by_17_hours_23_minutes_With_Two_Different-Air_Travel.html

kathleen37 · 03-08-2019 05:46PM

I wasn't aware of the other thread and have just replied to it.

I also wasn't aware of the 2019 judgement (I'm no aviation expert) but having had a quick read through, situation does seem to be different to OP's and @Innervision's situation.

So, no harm in writing the letter and contacting Aviation Authority if needed. They are the experts.

Please update us with how you's get on!

Peace

AnettB · 07-08-2019 08:38PM

I was also on that flight to Paphos June 19/20th 2019, and received same email from Tui, I will not accept this , as it clearly outlines in the document they gave us to apply for compensation the reason for the delay. Keep us informed of any updates you receive. I have emailed them again and I await a reply.

Innervision · 08-08-2019 09:08PM

TUI replied to me on Twitter stating they deem the matter closed and suggesting I pursue the matter independently if I dispute it, so I've made a complaint to the Commission for Aviation Regulation.
I'll update once I hear anything from them but that's likely to take a few weeks I'd imagine!

AnettB · 09-08-2019 02:08PM

I will also contact the Aviation authority, I am so appalled by Tui, if we had been told that it was a weather issue at 4 o clock the evening we were delayed that would be different, but not a mention ! In fact they used every other excuse imaginable

endofrainbow · 09-08-2019 02:21PM

The Aviation Authority is only concerned with safety standards etc - they have no interest in Tour operators.

Innervision · 09-08-2019 02:38PM

endofrainbow wrote: »

The Aviation Authority is only concerned with safety standards etc - they have no interest in Tour operators.

They have a section on their website to make a complaint where you feel you've been denied compensation for flight delays/cancellations unfairly.

notharrypotter · 09-08-2019 06:16PM

Innervision wrote: »

They have a section on their website to make a complaint where you feel you've been denied compensation for flight delays/cancellations unfairly.

There is nothing that I can see on www.iaa.ie

Innervision · 09-08-2019 06:48PM

notharrypotter wrote: »

There is nothing that I can see on www.iaa.ie

Sorry maybe we're talking about different bodies, I meant the Commission for Aviation Regulation rather than the Irish Aviation Authority. (www.aviationreg.ie)

Rodin · 09-08-2019 06:57PM

Was this flight on 19th June?

BY1381 ?

Rodin · 09-08-2019 07:03PM

torrevieja wrote: »

one thing i should have said at beginning was they actually did let us board the original first flight and kept us on board for a few hours on runway ready to take off , then took us off

I have just checked playback on flight radar For the 19th June, surprise surprise Ryanair were able to fly from Paphos to Dublin no problems and take off from Dublin to Paphos the same day ðŸ˜‰ðŸ˜‚

Are you sure?
Ryanair don't fly on a Wednesday from Paphos to Dublin.

0lddog · 09-08-2019 07:22PM

A search shows TUI being long standing reluctant compo payers for the UK

One of the links that the search produced might be useful :

https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

( Obv this is focused on a UK claim )

If you dont have the time, there are companies that will do the chasing for you for a percentage

torrevieja · 12-08-2019 11:34PM

0lddog wrote: »

A search shows TUI being long standing reluctant compo payers for the UK

One of the links that the search produced might be useful :

https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

( Obv this is focused on a UK claim )

If you dont have the time, there are companies that will do the chasing for you for a percentage

Any recommendations for these Companies?

0lddog · 14-08-2019 01:44PM

torrevieja wrote: »

Any recommendations for these Companies?

For an up to date recco ask over on the Aviation forum. Some frequent travellers hang around there.

torrevieja · 06-10-2019 01:25AM

kathleen37 wrote: »

I wasn't aware of the other thread and have just replied to it.

I also wasn't aware of the 2019 judgement (I'm no aviation expert) but having had a quick read through, situation does seem to be different to OP's and @Innervision's situation.

So, no harm in writing the letter and contacting Aviation Authority if needed. They are the experts.

Please update us with how you's get on!

Peace

No luck with Aviation Authority here is reply folks

The Commission raised your complaint with *TUI *and considered their
representations and evidence provided by them. In addition, where
necessary, we contacted other relevant civil aviation authorities for
further evidence.

Having examined the evidence provided by all parties the Commission has
decided that no compensation is payable to you as the disruption was due to
extraordinary circumstances, namely foreign object damage to a tyre of the
aircraft sustained on a previous flight and Air Traffic Control
restrictions due to adverse weather conditions (thunderstorms) throughout
Europe. As a result of these delays the flight crew reached their legal
flying time and it was necessary to overnight in Dublin for departure the
following day.

Given that all matters which fall within our enforcement remit have now
been addressed, the Commission is closing the file on this investigation.
In the event that you do not agree with our decision you are of course
entitled to seek recourse through an alternative channel such as the small
claims court. Information concerning the small claims procedure is
available at www.courts.ie.

Which I don't believe was correct

AnettB · 06-10-2019 09:12AM

Thanks for that, I contacted the same authority, haven't received a reply yet, but it will be the same answer. Another excuse given re: " damage to tyre " !!! No mention of that before.

torrevieja · 07-10-2019 10:10PM

AnettB wrote: »

Thanks for that, I contacted the same authority, haven't received a reply yet, but it will be the same answer. Another excuse given re: " damage to tyre " !!! No mention of that before.

Absolutely agree, another perso on that flight is going to get those companies who work on your behalf

AnettB · 08-10-2019 12:47PM

torrevieja wrote: »

Absolutely agree, another perso on that flight is going to get those companies who work on your behalf

We will see how they get on, I wonder which company is the best

daheff · 09-10-2019 05:02PM

probably best to get a third party who specialise in these things to act on your behalf. If money is due, they'll know the ins & outs of how to extract it. They'll take their fee of course, but better pay them and get something rather than you get nothing (As is currently your situation).

LastStop · 10-10-2019 09:18AM

AnettB wrote: »

We will see how they get on, I wonder which company is the best

I had a 7 hour delay going to Asia in April, I looked at these compo chasers and when I seen they want 25% I thought feck that i'll just email the Airline.

I emailed them with flight and passenger info quoting the eu law requesting compo. €1200 was in our account before we got back to Ireland. Some airlines value their reps, some don't.

Flight Delayed By by 17 hours 23 minutes, With Two Different Excuses And Times

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