[Travel] Delayed Flight Compensation Advice Needed

[Paulie Gualtieri]

Good evening, after some advice if possible

TL;DR version - is there a way to validate civil aviation action taking place for a delayed flight compensation request


Last Saturday we came back from Majorca (TOM4601) which was delayed by 3 hours 27 minutes
It was handled really badly on the Spanish side with little to no communication as to why, with the various snipers given contrary to the last message. We were told there were delays on inbound flights taking off (knock on to ours) and issues with the crew displacement whilst we were in the terminal

Boarded plane and captain advised delays leaving the UK but also they found a fault on the plane so we had to swap planes for our return journey

Neverless put the claim in with TUI as the process states.

TUI have today rejected the claim as cite
“European Regulation EC 261/2004 states that we as the Airline may have to pay compensation to you when you experience a long delay of over 3 hours on arrival, but only if the delay wasn’t caused by ‘extraordinary circumstances’. We have investigated your claim for your flight delay of 03 hours and 27 minutes and our delay handling logs show that your flight was delayed due to Air Traffic Control restrictions in place which affected the operating schedule of your flight.”

I find this a little convenient and there is no mention of the plane fault and wondering how far the restricted airspace is directed attributed. As it stands I can only take their word for this.

Is there a way to validate these air traffic control restrictions, where they were based and how long for?

I had heard of some industrial action on the Friday at Manchester which was affecting outbound schedules from Gatwick (where our return plane started from) but I’d argue this is a secondary issue?

Any help appreciated as only reviews suggest airlines are complete shysters at paying out

Cheers

 

[Rookie]

Make a complaint and if that doesn’t work try https://www.resolver.co.uk/

 

[drew]

I put in a claim a few years ago as we landed literally about 2 or 3 minutes over the 3 hours and it was paid with no quibble but that was due to a fault on a plane. I'm guessing you would have to prove somehow that the fault on the first plane caused the 3 hour delay and not the ATC action which is outside the control of the airline!

 

[dazzer6666]

May be worth lobbing the details in here….

Flight Compensation Checker | AirHelp

Find out if you're entitled to up to £520 compensation under Europe's air passenger rights regulations.

www.airhelp.com

 

[Birdie Boy]

I used Aviation ADR. Tbh, you probably won't get a lot for a 3 hour delay from Majorca, it does go on miles as well as length of delay. I'm now in another but with BA so I do expect them to pay up pretty quick, last one was Wizz and took a year to the day, near enough. This time, 24 hour delay, £500 overnight stay, should all be paid and 600€ compensation. If anyone says you are not entitled, ignore, they are bastards.

 

[Paulie Gualtieri]

I used Aviation ADR. Tbh, you probably won't get a lot for a 3 hour delay from Majorca, it does go on miles as well as length of delay. I'm now in another but with BA so I do expect them to pay up pretty quick, last one was Wizz and took a year to the day, near enough. This time, 24 hour delay, £500 overnight stay, should all be paid and 600€ compensation. If anyone says you are not entitled, ignore, they are bastards.

Its £220 a head for us (kids also count unless a free place) based on distance / delay time (>3 years)

 

[Paulie Gualtieri]

May be worth lobbing the details in here….

Flight Compensation Checker | AirHelp

Find out if you're entitled to up to £520 compensation under Europe's air passenger rights regulations.

www.airhelp.com

Looks to be a claims management company - I’ll complain directly

Interestingly though, their database shows the original plane as cancelled so may be a point of challenge

Thanks

 

[dazzer6666]

Looks to be a claims management company - I’ll complain directly

Interestingly though, their database shows the original plane as cancelled so may be a point of challenge

Thanks

That’s what I meant……not to actually use them, but use the widget to see if it’s one they have registered already…….good luck.

 

[Bombardier]

Good evening, after some advice if possible

TL;DR version - is there a way to validate civil aviation action taking place for a delayed flight compensation request


Last Saturday we came back from Majorca (TOM4601) which was delayed by 3 hours 27 minutes
It was handled really badly on the Spanish side with little to no communication as to why, with the various snipers given contrary to the last message. We were told there were delays on inbound flights taking off (knock on to ours) and issues with the crew displacement whilst we were in the terminal

Boarded plane and captain advised delays leaving the UK but also they found a fault on the plane so we had to swap planes for our return journey

Neverless put the claim in with TUI as the process states.

TUI have today rejected the claim as cite
“European Regulation EC 261/2004 states that we as the Airline may have to pay compensation to you when you experience a long delay of over 3 hours on arrival, but only if the delay wasn’t caused by ‘extraordinary circumstances’. We have investigated your claim for your flight delay of 03 hours and 27 minutes and our delay handling logs show that your flight was delayed due to Air Traffic Control restrictions in place which affected the operating schedule of your flight.”

I find this a little convenient and there is no mention of the plane fault and wondering how far the restricted airspace is directed attributed. As it stands I can only take their word for this.

Is there a way to validate these air traffic control restrictions, where they were based and how long for?

I had heard of some industrial action on the Friday at Manchester which was affecting outbound schedules from Gatwick (where our return plane started from) but I’d argue this is a secondary issue?

Any help appreciated as only reviews suggest airlines are complete shysters at paying out

Cheers

When you say industrial action who do you mean. I work for ATC and I can assure you there was no industrial action on our part. Might have been European ATC but airlines are quick to use air traffic control as an excuse!

 

[Bodian]

ATC restrictions doesn't sound like "extraordinary circumstances". Or is it? Not sure. https://www.which.co.uk/consumer-ri...h7l0SxzB#what-are-extraordinary-circumstances

 

[dazzer6666]

ATC restrictions doesn't sound like "extraordinary circumstances". Or is it? Not sure. https://www.which.co.uk/consumer-ri...h7l0SxzB#what-are-extraordinary-circumstances

Delays caused by ATC do not make the airline liable for compensation unfortunately- outside of their control

 

[dsr-burnley]

They have been known to argue that the aircraft was only 2 hours 55 minutes late by their own fault, but the delay that took it over the three was ATC not being ready the instant they were wanted.

 

[Binney on acid]

Bloody hell ! 3:27 ?!! Last Friday we returned from Rome. the Vueling flight was cancelled 30 minutes after it was due to take off. No communication. No explanation. I still don't know why it was cancelled. Ultimately from another terminal they booked 180 people alternative flights . This process took about 4 hours. Some of the flights booked were direct, some via Barcelona. Any available flight ! In desperation, one bloke was trying to get to Gatwick via Athens. Several people were offered flights on Tuesday ! There were pregnant women and young children waiting for information, as the airport was closing for the day. I'm not a fan of Chinese whispers ! They didn't even offer water to us passengers. We were bussed to a hotel for the night, and arrived at 02:00, returning to the airport the following morning. Our journey back was via Paris Orly to Gatwick. The Rome departure was delayed by 1:40. Stress levels off the Richter scale. Only god knows how we managed to board the Orly flight before it departed ! Our delay was about 24 hours in all. My travelling companion reckons that we're not entitled to compensation. Granted we incurred no additional expense, but surely we should be entitled to compensation ?!!

 

[brightonbaz]

Go through the usual channels (lots of guidance on line) and if they still refuse to pay up go to small claims court.

I had 12 hour delay last year and BA refused to pay out. Gave them enough opportunity to.

Submitted small claims to them and hey presto they paid in full including monies paid for alternative flight with easyJet.

Get all your evidence together and be ready to make a claim. They are hoping you will give up and go away but don't!

 

[deletebeepbeepbeep]

Bloody hell ! 3:27 ?!! Last Friday we returned from Rome. the Vueling flight was cancelled 30 minutes after it was due to take off. No communication. No explanation. I still don't know why it was cancelled. Ultimately from another terminal they booked 180 people alternative flights . This process took about 4 hours. Some of the flights booked were direct, some via Barcelona. Any available flight ! In desperation, one bloke was trying to get to Gatwick via Athens. Several people were offered flights on Tuesday ! There were pregnant women and young children waiting for information, as the airport was closing for the day. I'm not a fan of Chinese whispers ! They didn't even offer water to us passengers. We were bussed to a hotel for the night, and arrived at 02:00, returning to the airport the following morning. Our journey back was via Paris Orly to Gatwick. The Rome departure was delayed by 1:40. Stress levels off the Richter scale. Only god knows how we managed to board the Orly flight before it departed ! Our delay was about 24 hours in all. My travelling companion reckons that we're not entitled to compensation. Granted we incurred no additional expense, but surely we should be entitled to compensation ?!!

Had a similar experience...

Flight cancelled due to poor weather at Gatwick although other flights seemed to be leaving. Only told at last minute. We were eventually driven from a Florence Airport to Bologna Airport to board a different flight by bus but when we got there that flight was also cancelled after 2 hours of waiting with no info.

At 2am in the morning we then had the scariest taxi ride back to the Tuscany Airport with the driver speeding between traffic and checking his texts whilst doing so (not vuelings fault admittedly).

When we got back to Tuscany more waiting and they eventually put us in a hotel at 4:00am with a flight booked at 8:00am the next day. All in all it was about 20 hours of travelling with no real explanation of why other than it looking like there was a short period of minimal wind around Gatwick.

All my travel data is recorded by Google maps so had arrival times and length of waits all documented on my phone. We applied for compensation but nada and decided not worth going to small claims, will always avoid Vueling now though. Horrible way to treat people.

 

[Cowfold Seagull]

Bloody hell ! 3:27 ?!! Last Friday we returned from Rome. the Vueling flight was cancelled 30 minutes after it was due to take off. No communication. No explanation. I still don't know why it was cancelled. Ultimately from another terminal they booked 180 people alternative flights . This process took about 4 hours. Some of the flights booked were direct, some via Barcelona. Any available flight ! In desperation, one bloke was trying to get to Gatwick via Athens. Several people were offered flights on Tuesday ! There were pregnant women and young children waiting for information, as the airport was closing for the day. I'm not a fan of Chinese whispers ! They didn't even offer water to us passengers. We were bussed to a hotel for the night, and arrived at 02:00, returning to the airport the following morning. Our journey back was via Paris Orly to Gatwick. The Rome departure was delayed by 1:40. Stress levels off the Richter scale. Only god knows how we managed to board the Orly flight before it departed ! Our delay was about 24 hours in all. My travelling companion reckons that we're not entitled to compensation. Granted we incurred no additional expense, but surely we should be entitled to compensation ?!!

The delights of modern day air travel eh! Remember when flying used to be a pleasure?

 

[Peacehaven Wild Kids]

Pre Brexit you’d have got about two grand.
Nowadays if I was you I’d be planning what to spend the on board credit voucher on next time you fly. See if you can stretch it to the ‘two Moretti’s for a tenner’ deal

 

[Kinky Gerbil]

Had a similar experience...

Flight cancelled due to poor weather at Gatwick although other flights seemed to be leaving. Only told at last minute. We were eventually driven from a Florence Airport to Bologna Airport to board a different flight by bus but when we got there that flight was also cancelled after 2 hours of waiting with no info.

At 2am in the morning we then had the scariest taxi ride back to the Tuscany Airport with the driver speeding between traffic and checking his texts whilst doing so (not vuelings fault admittedly).

When we got back to Tuscany more waiting and they eventually put us in a hotel at 4:00am with a flight booked at 8:00am the next day. All in all it was about 20 hours of travelling with no real explanation of why other than it looking like there was a short period of minimal wind around Gatwick.

All my travel data is recorded by Google maps so had arrival times and length of waits all documented on my phone. We applied for compensation but nada and decided not worth going to small claims, will always avoid Vueling now though. Horrible way to treat people.

Flow rate reduction

Flights still might be going into Gatwick, but at a reduced number per hour

Gatwick then asks airlines to cancel flights to meet this number r

 

[Herr Tubthumper]

They have been known to argue that the aircraft was only 2 hours 55 minutes late by their own fault, but the delay that took it over the three was ATC not being ready the instant they were wanted.

I’m not sure this is true. There’s a distinction between what’s termed routine ATC and “extraordinary circumstances”. There’s been some legal cases regarding this. If there’s ATC restrictions due to bad weather then you will unlikely get any money ie extraordinary, held in a stack for 5 minutes part of expected routine ATC and airline can’t use it against you.

 

[AstroSloth]

My BA flight home from Nice after the Marseille game was cancelled 6 days before it was due. Should have been entitled to €250 compensation but they claimed it was due to ATC restrictions.

Took around 5 months for them to get back to me with that decision. Submitted a complaint, went nowhere, went through third party and that also went nowhere.