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Air travel delay - compensation

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IQBAL | 18:16 Fri 30th Mar 2007 | Travel
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I missed my onward connection to Edinburgh because passengers were made to wait on board for at least 20 minutes before being allowed to disembark from the aircraft when it arrivied in Paris from Dubai. I was then re-routed via London Heathrow and arrived into Edinburgh 5 hours later. Could someone advise me if, and how much, I should be entitled to financial compensation under EU air travel travel regulations for the 5 hour delay caused by Air France to my final destination.
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I think that the lawyers could argue for ages over this question.

If your whole journey, from Dubai to Edinburgh, was booked with Air France and if they indicated that your flight plans allowed enough time for the connection, you might be able to claim back the full cost of your flight from Dubai to Edinburgh if your delay was over 5 hours (even by a minute or two).

The EU regulation apply to all flights operated by airlines licensed by an EU member state, irrespective of the point of departure. So there's no doubt that the rules apply for a departure from Dubai. For delays of less than 5 hours, you have no right to any financial compensation; you're only entitled to receive appropriate meals and refreshments. Once the 5 hour threshold has been reached, you're entitled to a refund of your ticket price:
http://www.rcn-ifna.org.uk/html/eu_delay_compe nsation.html

If your flight from Paris to Edinburgh was booked separately from your flight out of Dubai, you might find it much harder to get compensation. Air France could say that they completed their contract, without excessive delay, to get you from Dubai to Paris. If you then tried to claim compensation for missing your next flight, Air France might claim that you'd allowed insufficient time for the connection. (Most airlines specify a minimum connecting time of 2 hours at major airports. Some specify 3 hours).

Chris
The EU regulations are something that the airlines, the Skyteam group in particular, are doing their best to wriggle out of every time, but others are far from innocent. As Chris says, it is very important to know whether you travelled with the same airline throughout and (on a long-haul journey) that the delay was more than five hours. I am not certain Chris is right, however (although he is obviously well plugged in, so I may be wrong to doubt him), that you are entitled to a refund of the ticket since you accepted their re-routing, had you not you would have been entitled to a refund but been stuck in Paris. What you are entitled to, if both conditions above apply, is 600 euros in compensation, a telephone call or two and reasonable refreshments en-route. I was once similarly re-routed and delayed on Air France, and because they refused to re-route me as soon as the first flight went technical I was delayed by more than 5 hours at the long haul destination. They claimed "beyond their control" and as a "gesture" eventually gave me a voucher for �75. Some of my sources tell me there is no exception to the 600 euro compensation rule but I think in practice weather and breakdown may let them out. I once arrived at a still open gate in Amsterdam where the onward KLM flight had not been boarded yet at all and I was denied boarding and re-routed. The explanations have varied in three versions (one very different) but they refused to pay the compensation. You ultimately have the only option remaining to me: a small claim in your local court. Just make sure you have the details of your facts and that they match up with the basic stipulations of the rules.
Don't accept 600 euros in vouchers - insist on cash even if in sterling.
I had a flight delayed from India last year and missed my onward connection (booked privately). I claimed from my insurers (Axa) for loss due to delay. What a fight I had! Eventually I made a complaint to the Ombudsman and Axa immediately caved and paid up. I read my insurance documents carefully and was convinced I had a good claim. I am now insured with NFU and am clearly not covered for consequential loss. That's fine, I have no problem with that but I do object to thinking I have cover and the company arguing I don't. I wrote to Axa several times stating clearly why I thought I had a reasonable claim but they never answered my questions just kept on saying no. Very frustrating. Have you tried claiming on your travel insurance?
I have only now had a look again at this question and seen thugulike's reply. My experience is that AXA are "rationalisers" and very reluctant payers - they took over a policy I had with a company they bought. They steadily trimmed the cover down and when I had a claim they put me through quite a lot of hurdles, I believe including a telephone lie detector test, before finally paying up. I now always check who the underwriter is before taking out any new policy (smaller firms, especially clubs, etc.) often use AXA or other products while selling under their own-brand - if it is AXA I go elsewhere.

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