Flight delayed - compensation?

Flight delayed - compensation?

Author
Discussion

audi321

Original Poster:

5,203 posts

214 months

Tuesday 28th February 2017
quotequote all
Well fk me I must be jinxed. You couldn't make it up!

I'm currently sat on a train in which I am delayed (currently) 2 hours due to 'a fatality on the track ahead' the tannoy has announced.

She then says as you've been delayed for more than 2 hours you can now claim back via delay repay the whole price of your return ticket! They've even give us free wifi and she tells everyone to go onto the Virgin Trains website and put in the claim.

Apparently the money will go straight back onto my card within 48 hours £222.00!

Honestly you couldn't make it up.......twice in a week!


djc206

12,368 posts

126 months

Tuesday 28th February 2017
quotequote all
Blaster72 said:
I was trying to ascertain if any compensation for delays should result in the PH attack dogs coming out or just for flights.

In summary - Trains ok - Planes not?
It's not compensation it's a refund. In summary refund ok, compensation exceeding the ticket price not ok. Not hard to understand.

Blaster72

10,882 posts

198 months

Tuesday 28th February 2017
quotequote all
You're ok with compensation for delays so long as that compensation doesn't exceed the ticket price. That I understand.

It's a view, one I don't agree with but it's a view all the same.

How about fines for train companies such as the ones they are given now for delays? Is that better than giving compensation to the affected passengers?

Sorry for taking the thread off tangent a bit.

In my view, if you give an airline a fine of just the ticket price for a delay no matter how long then there is no incentive really for them to try harder to avoid delays. If you have to pay a massive amount of compensation for lengthy delays that weren't out of your control then it's in your interest to avoid those delays.

I work in the industry and believe me there are plenty of airlines that wouldn't blink twice over massive delays before this legislation was put into place. Now they make moves to avoid the longer delays at all cost.

Naturally they still happen from time to time and ones such as the OP's I'd deem outside of the control of Ryanair but in theory at least the claims should keep airlines on their toes. Great that the money goes to the affected passengers too unlike Rail fines.

surveyor

17,845 posts

185 months

Wednesday 1st March 2017
quotequote all
audi321 said:
Well fk me I must be jinxed. You couldn't make it up!

I'm currently sat on a train in which I am delayed (currently) 2 hours due to 'a fatality on the track ahead' the tannoy has announced.

She then says as you've been delayed for more than 2 hours you can now claim back via delay repay the whole price of your return ticket! They've even give us free wifi and she tells everyone to go onto the Virgin Trains website and put in the claim.

Apparently the money will go straight back onto my card within 48 hours £222.00!

Honestly you couldn't make it up.......twice in a week!
I have a feeling that someone decides whose fault it is and who pays the rail compo. 'Track Issues' like fatality come out of Network Rail's pockets, hence Virgin being so keen to push it....

oyster

12,609 posts

249 months

Wednesday 1st March 2017
quotequote all
blueg33 said:
El stovey said:
blueg33 said:
El stovey said:
blueg33 said:
Not correct.

If the icky person was on another flight then the airline should have flexibility to deal with it.

Monarch lost a similar case recently because they didn't have an alternative aircraft when the planned one became unavailable.

I think op may have a case, the extraordinary circumstance was not on his flight.

Op. Use Resolver and raise a claim

People calling you an idiot are twonks, just ignore them
So if a flight stops off somewhere enroute between Stansted and Sofia to drop off a sick passenger, the airline should have immediately got together a crew and aircraft and sent it to Sofia? Even though the original aircraft was still going to Sofia with the rest of the passengers.

Do you think airlines just have aircraft and crews sitting ready at the end of the runway just in case this happens. Even if they did have one, it would still have to get to Sofia when the first aircraft diverted. Or do you think they should have one ready in Sofia also?
See the Monarch case. But basically, yes they are expected to have aircraft and crews available. That is the courts decision. My opinion is irrelevant, the law is what counts.
What exactly was the monarch case?
I will save you the effort of Google.

Incoming flight struck by lightning, plane grounded for checks as required by aviation rules, no alternate plane available. Monarch lost the case.

2 conclusions drawn, lightning strike is not exceptional circumstance, other aircraft should have been available. There are lots of similar cases for technical faults and lots of cases that demonstrate that many thing you think would be exceptional, like weather, are not exceptional.

Big question, is medical emergency on another flight exceptional, possibly not, medical emergencies are surprisingly common. (I have a mate who is a Lufthansa pilot. He reckons medical emergencies are frequent).
I haven't read the report in detail but does it put more responsibility on Monarch because the lack of alternate plane is from home base?

In the OP's case, his delay is returning to the UK from downroute. No court would expect an airline to have access to alternate planes or crew downroute (especially for a late night departure where re-routing on an alternate carrier may not be possible).

djc206

12,368 posts

126 months

Wednesday 1st March 2017
quotequote all
Blaster72 said:
You're ok with compensation for delays so long as that compensation doesn't exceed the ticket price. That I understand.

It's a view, one I don't agree with but it's a view all the same.

How about fines for train companies such as the ones they are given now for delays? Is that better than giving compensation to the affected passengers?

Sorry for taking the thread off tangent a bit.

In my view, if you give an airline a fine of just the ticket price for a delay no matter how long then there is no incentive really for them to try harder to avoid delays. If you have to pay a massive amount of compensation for lengthy delays that weren't out of your control then it's in your interest to avoid those delays.

I work in the industry and believe me there are plenty of airlines that wouldn't blink twice over massive delays before this legislation was put into place. Now they make moves to avoid the longer delays at all cost.

Naturally they still happen from time to time and ones such as the OP's I'd deem outside of the control of Ryanair but in theory at least the claims should keep airlines on their toes. Great that the money goes to the affected passengers too unlike Rail fines.
At present if an airline delays you by a huge amount they are required to provide you with sustenance, communications and potentially accommodation. I think it's all punitive enough and appropriate. As someone who works in the industry you must know how thin the margins are.

The railways are different in that they are franchises and have a monopoly and should be held to account, the airlines are in competition with each other, that is enough to keep delays down in my book. I can pick any number of carriers to take me to Spain but there's only one train company that operates from my local station.

tuffer

8,850 posts

268 months

Wednesday 1st March 2017
quotequote all
audi321 said:
Well fk me I must be jinxed. You couldn't make it up!

I'm currently sat on a train in which I am delayed (currently) 2 hours due to 'a fatality on the track ahead' the tannoy has announced.

She then says as you've been delayed for more than 2 hours you can now claim back via delay repay the whole price of your return ticket! They've even give us free wifi and she tells everyone to go onto the Virgin Trains website and put in the claim.

Apparently the money will go straight back onto my card within 48 hours £222.00!

Honestly you couldn't make it up.......twice in a week!
A really nice gesture would be for everyone who claims a refund to donate it to the family of the deceased.