Flight delay compensation - actual cause of delay?
Flight delay compensation - actual cause of delay?
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Discussion

Kiwi79

Original Poster:

916 posts

257 months

Monday 30th January 2023
quotequote all
We recently returned from a holiday which included a lovely 5 hour+ delay on the return, made all the more annoying by the fact that our well known travel company let us all proceeed to the gate before then revealing fruther delay eventually topping it off after ~3hr with your aeroplane is on its way, well what we mean is it's just left Birmingham and will get there in 2 hours.

With the last message they sent us they included the get out of jail card that the planes delay was due to adverse weather. We are having trouble believing the delay was the result of this as other flights seem to have departed from Innsbruck fine and we are not aware of any significant bad weather at Birmingham at the time. What resources can we use to check if adverse weather really was the delay for our flight?

How do we then move the claim beyond the initial fobb off email.

I await the PH jokes about sad face compo picture

BishBosh

511 posts

247 months

Monday 30th January 2023
quotequote all
Annoying isn’t it….
We had one delay for over 5 hours and no compensation as they said it was due to a puncture which was out of their control, couldn’t get a new tyre. We all saw it sat just outside the airport an a lorry, they had no one there to fit it…not their fault though.

Just returned from Jamaica in January, we were notified of a 3 hour delay whilst at the hotel, then that extended to 6 hours and then 24 hours. We were in the process of arranging a hotel room for the night when the bus turned up to take us to the airport. They explained the delay was still only 3 hours so off we went. Took off around 3 hours and 10 minutes later than we should have. After we landed I filed a claim for the 3 hour delay and was told that the landing logs from the airport said after we landed the delay was only 179 minutes…LoL cutoff for compo is 180 minutes

Ah well, not a lot we could do.

numtumfutunch

5,097 posts

161 months

Monday 30th January 2023
quotequote all

The CAA have a good resource on this which we made full use of a little while ago

Our flight was delayed, airline knew full well there were 'issues' and still boarded us in blazing sun with no AC running then left us on plane for 90 mins before disembarking and waiting another 2h for an alternate plane

At no point did the cabin crew or gate staff either say sorry or give us a bottle of water let alone explain that we were entitled to compo and food/drink under EU law

Ordinarily I wouldnt have bothered however the above really wound me up and we ended up receiving more cash in compensation than the return flights actually cost us. From memory we claimed from the airlines website - and no it wasnt the one youre all thinking of smile

There are plenty of ambulance chasers online who will handle it all for you for a fee however the process was very easy

I detect youre feeling as hard done by as I was which is quite motivating so I suggest you get logs of departures/arrivals from the "adverse weather" airports from Flightradar to support you and then file your claim

Good luck

PS which airline??

Mojooo

13,287 posts

203 months

Tuesday 31st January 2023
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BA recently rejected a claim for me from Paris to London on the basis that Air Traffic Control restricted flights coming in and mine was cancelled - apparently it was foggy. I've asked Air Traffic Control if they can confirm whether this was true.

Not sure else what else I can do really.


the-norseman

15,082 posts

194 months

Tuesday 31st January 2023
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I've got a dispute open with Aviation ADR at the moment against Ryanair but not expecting to win it.

Griffith4ever

6,348 posts

58 months

Tuesday 31st January 2023
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On our flight the captain explained it was a faulty part and a replacement was on its way from the other end of the country. Bingo! Their fault.

One of the passengers got up and shouted out that we can all claim compo. I'd have never known! Got about £300 ish each.

Was almost like the captain wanted to give us the ammo to claim with.

48k

16,294 posts

171 months

Tuesday 31st January 2023
quotequote all
Kiwi79 said:
We recently returned from a holiday which included a lovely 5 hour+ delay on the return, made all the more annoying by the fact that our well known travel company let us all proceeed to the gate before then revealing fruther delay eventually topping it off after ~3hr with your aeroplane is on its way, well what we mean is it's just left Birmingham and will get there in 2 hours.

With the last message they sent us they included the get out of jail card that the planes delay was due to adverse weather. We are having trouble believing the delay was the result of this as other flights seem to have departed from Innsbruck fine and we are not aware of any significant bad weather at Birmingham at the time. What resources can we use to check if adverse weather really was the delay for our flight?

How do we then move the claim beyond the initial fobb off email.

I await the PH jokes about sad face compo picture
I don't know the answer but bear in mind adverse weather might have been affecting their diversion airport(s) it doesn't necessarily mean it was the departure or arrival airports with the issue.

pavarotti1980

6,032 posts

107 months

Tuesday 31st January 2023
quotequote all
BishBosh said:
Annoying isn’t it….
We had one delay for over 5 hours and no compensation as they said it was due to a puncture which was out of their control, couldn’t get a new tyre. We all saw it sat just outside the airport an a lorry, they had no one there to fit it…not their fault though.

Just returned from Jamaica in January, we were notified of a 3 hour delay whilst at the hotel, then that extended to 6 hours and then 24 hours. We were in the process of arranging a hotel room for the night when the bus turned up to take us to the airport. They explained the delay was still only 3 hours so off we went. Took off around 3 hours and 10 minutes later than we should have. After we landed I filed a claim for the 3 hour delay and was told that the landing logs from the airport said after we landed the delay was only 179 minutes…LoL cutoff for compo is 180 minutes

Ah well, not a lot we could do.
Worth noting it's not the time the wheels touch the ground but the time the door opens for the first person to get off so may be worth pursuing further

Turbobanana

7,877 posts

224 months

Tuesday 31st January 2023
quotequote all
I've been delayed a few times (including last year: 3 hrs at Glasgow for a 50 minute flight back to Luton, which we'd have done by train were it not for the industrial action) but I usually just suck it up*.

I liken it to hotels that expect to replace all the towels nicked from their rooms and up their room rate accordingly: if everyone who is in the privileged position to be able to fly - as I am - claimed for every delay, the cost of flights would increase so even fewer people could do it.





*The worst was 3 days when we were trying to get back to the UK from Egypt, in the wake of the Russian plane being shot down by the Taliban over the Sinai Peninsula. We were put up in a hotel until the government allowed a plane to fly in to rescue us. Our baggage arrived 2 days after us, but as we realised the airline were doing all they could we didn't bother claiming for anything.

EK3vtec

369 posts

186 months

Tuesday 31st January 2023
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I was delayed 3 days in Amsterdam by Easyjet last year, first flight cancelled at check-in, but due to no Easyjet service desk, confined to using their web app, with faltering 5G and negligible wifi in the terminal - next available flight by the time we got through, 2 days later. That was bad enough we were on our way in for the replacement flight when that was cancelled 4 hours before departure, replacement flight for next day.
We did at least board that flight, but were left sitting on the tarmac for over an hour while they fixed a leaky bog.

Easyjet refused flight compensation for either flight, we got the media involved, they then decided in writing we were due it, and asked for bank details - only to tell us to get stuffed 3 weeks later.

We are taking them to small claims court. They must have cancelled 20 flights from Schipol that day, and must owe shed-loads in flight compensation, but just don’t want to pay…..

Griffith4ever

6,348 posts

58 months

Tuesday 31st January 2023
quotequote all
Turbobanana said:
I've been delayed a few times (including last year: 3 hrs at Glasgow for a 50 minute flight back to Luton, which we'd have done by train were it not for the industrial action) but I usually just suck it up*.

I liken it to hotels that expect to replace all the towels nicked from their rooms and up their room rate accordingly: if everyone who is in the privileged position to be able to fly - as I am - claimed for every delay, the cost of flights would increase so even fewer people could do it.





*The worst was 3 days when we were trying to get back to the UK from Egypt, in the wake of the Russian plane being shot down by the Taliban over the Sinai Peninsula. We were put up in a hotel until the government allowed a plane to fly in to rescue us. Our baggage arrived 2 days after us, but as we realised the airline were doing all they could we didn't bother claiming for anything.
Mileage varies, as they say.

The one I mentioned - Gatwick, skiiing holiday. 2 hours waiting, then 1+ hours sat on plane, then off again and 2-3 hours sleeping on the floor in the boarding "lounge". All for a spare part they didn't keep any local stock of. I felt claiming close to £600 a) was great! b) sends a clear message, get your st together, it's not acceptable. They only have to pay out when its an issue within their control.....

Another one - I was in Italy when they locked down, we arrived the night before they did it, and we had to leave the next morning. Tour operator (Neilson) flew us from Innsbruck on a scheduled flight to London (we'd come from Manchester), then flew us to Manchester. They laid on two scheduled flights, with hardly any waiting around, in extraordinary circumstances. They kept £100 each and refunded the rest of the skiing holiday, and then offered us significant discounts on our next holiday. I gladly let them keep £100, and declined their generous discount. They handled it astonishingly well, and I want them around in the future.

as a side note, a group of Londoners absolutely insisted on having their holiday honoured. They caused a massive scene, putting young reps who'd never dealt with a pandemic before (who had?!?!) under a lot of pressure, being horrible to them, demanding their "rights". Fair play, Neilson flew them to Ischgl so they could ski. last year one of my clients told me a story about skiiers and covid and it rang bells. It was them! They ALL caught covid and had a nightmare with it.


Edited by Griffith4ever on Tuesday 31st January 18:26

djohnson

3,653 posts

246 months

Tuesday 31st January 2023
quotequote all
Standard procedure for KLM at Schiphol is to:

1. Cancel the last late flight of the day to Leeds (normally as late on as possible and definitely after all those coming in on other flights to connect onto the Leeds flight will have set off).

2. Give all the passengers a standard document which basically says ‘fk off and sort your own hotel, we’re really not going to lift a finger to help you.’. This is (helpfully) printed in a wide variety of languages.

3. Refuse to give any indication when there might be a flight with capacity, but state that passengers should wait to be called rather than ringing the airline.

4. If passengers ask too many challenging questions close the entire transfer desk, stating that people are being difficult and should just read the document provided in step 2 and act upon it, I.e fk off and stop trying to hold them accountable for their mistakes or responsible for helping rectify them.

5. Never ever actually call the stranded passengers (I’ve come back to the UK via BA the next day more than once, not told KLM I’m back and they’ve never rung).

WelshRich

484 posts

80 months

Tuesday 31st January 2023
quotequote all
Irrelevant to the OP but I think an interesting aside since we’re talking about flight delays.

My wife was flying back from Spain a few years ago on a holiday charter flight, everyone boarded and seated on time when the pilot announces that there’s a delay in loading the in-flight refreshments. He offers the passengers a vote with two choices:

A) Leave now and be back in the UK in 2 hours but no in-flight drinks or food service.
B) Wait on the plane while the food is loaded but miss the takeoff slot, next one being in 2 hours time.


You guessed it, a majority of passengers voted to wait for the food…

Kiwi79

Original Poster:

916 posts

257 months

Tuesday 31st January 2023
quotequote all
48k said:
Kiwi79 said:
We recently returned from a holiday which included a lovely 5 hour+ delay on the return, made all the more annoying by the fact that our well known travel company let us all proceeed to the gate before then revealing fruther delay eventually topping it off after ~3hr with your aeroplane is on its way, well what we mean is it's just left Birmingham and will get there in 2 hours.

With the last message they sent us they included the get out of jail card that the planes delay was due to adverse weather. We are having trouble believing the delay was the result of this as other flights seem to have departed from Innsbruck fine and we are not aware of any significant bad weather at Birmingham at the time. What resources can we use to check if adverse weather really was the delay for our flight?

How do we then move the claim beyond the initial fobb off email.

I await the PH jokes about sad face compo picture
I don't know the answer but bear in mind adverse weather might have been affecting their diversion airport(s) it doesn't necessarily mean it was the departure or arrival airports with the issue.
I'm open minded enough to think it could be the cause but my suspicion is it was more likely down to poor rostering/planning and or prioritisation of other flights by the German tour operator in question. They would send us messages missing the personalisation aspects. Your plane has been delayed due to... Only after the required 3 hours did they conveniently decide to push adverse weather as the cause.

I'm still at a loss to getting the bits of information I may need to put forward a decent case:

- The weather around Birmingham airport on the day - nobody seems to do historic forecasts
- The % of planes which were delayed on the day in question + by how much. For example Flightradar only has 7 days of data and tbh doesn't seem great

The other confusing thing is our flight was originally meant to come in from Bristol so which plane am I trying to demonstrate wasn't imapacted by adverse weather as they claim. Original or substitute plane!

Griffith4ever

6,348 posts

58 months

Tuesday 31st January 2023
quotequote all
WelshRich said:
Irrelevant to the OP but I think an interesting aside since we’re talking about flight delays.

My wife was flying back from Spain a few years ago on a holiday charter flight, everyone boarded and seated on time when the pilot announces that there’s a delay in loading the in-flight refreshments. He offers the passengers a vote with two choices:

A) Leave now and be back in the UK in 2 hours but no in-flight drinks or food service.
B) Wait on the plane while the food is loaded but miss the takeoff slot, next one being in 2 hours time.


You guessed it, a majority of passengers voted to wait for the food…
Fuuuuuuuuuckkkk!!!!

Was that to Cardiff?

WelshRich

484 posts

80 months

Tuesday 31st January 2023
quotequote all
One of the London satellite airports I think, Gatwick probably…

Notshortnottall

606 posts

207 months

Thursday 2nd February 2023
quotequote all
I had a similar query here.

I opened a case with the CAA whose latest response has been:

"Please note that it is the CAA’s view that the Court of Appeal decision in Lipton is current binding law which means that airlines should pay compensation when a flight disruption is caused by crew sickness.

However, we do not have the powers to force an airline to pay. As previously explained, Jet2 has decided to stay your claim, regardless of when the PTA was granted."

So even though the airline response was absolute nonsense (that crew sickness meant that they weren't liable), it seems like I'll just have to wait this out!

Waynester

6,497 posts

273 months

Thursday 2nd February 2023
quotequote all
WelshRich said:
Irrelevant to the OP but I think an interesting aside since we’re talking about flight delays.

My wife was flying back from Spain a few years ago on a holiday charter flight, everyone boarded and seated on time when the pilot announces that there’s a delay in loading the in-flight refreshments. He offers the passengers a vote with two choices:

A) Leave now and be back in the UK in 2 hours but no in-flight drinks or food service.
B) Wait on the plane while the food is loaded but miss the takeoff slot, next one being in 2 hours time.


You guessed it, a majority of passengers voted to wait for the food…
That would have irked me off no end… Getting home as quick as possible is always my priority. rolleyes