Flight Delay help.

[Official Old Man]

I'm sorry to put this here but I've tried many other sites but got no final decision.
My flight took off and flew about half way. Due to a 'red light' on a back up system that was very safe to fly with, we had to turn around and return. The Captain said (quote) "I am happy to continue but the company want me to return". So the bottom line is a delay of 24 hours before we took off again. We were closer to Spain, Portugal or France so an emergency would have meant we could land there. But no, all the way back to Gatwick.
THE QUESTION
Having taken off but then returned am I due flight delay compensation?

As a side, this was Thomson Airways who treated us very badly at Gatwick hence I'm claiming.

 

[elninobonito]

I'm sorry to put this here but I've tried many other sites but got no final decision.
My flight took off and flew about half way. Due to a 'red light' on a back up system that was very safe to fly with, we had to turn around and return. The Captain said (quote) "I am happy to continue but the company want me to return". So the bottom line is a delay of 24 hours before we took off again. We were closer to Spain, Portugal or France so an emergency would have meant we could land there. But no, all the way back to Gatwick.
THE QUESTION
Having taken off but then returned am I due flight delay compensation?

As a side, this was Thomson Airways who treated us very badly at Gatwick hence I'm claiming.

Yes! The EU compensation is worked out from the stated arrival time vs the actual arrival time. If this is over X amount of time then you are due compensation.

 

[Hillian1]

I'm pretty sure if the plane has "gone technical" there is no delay payments.

 

[Easy 10]

I'm pretty sure if the plane has "gone technical" there is no delay payments.

I thought it was the opposite.
If a technical fault with the aircraft results in a delay then the delay payments kick in (as its not been maintained properly).
If its down to weather then that is beyond the airlines control, so no delay payments.

 

[Brighthelmstone]

Hillian is correct, if the Aircraft has gone tec then its deemed a safety issue. Does depend on the reason though, and if its deemed 'avoidable' Bird Striek for example is no ones fault so there wouldnt be a pay out. I would always trust the engineers and not the pilot when it comes to returning to base as well!

 

[happypig]

You're quids-in !

https://www.citizensadvice.org.uk/c...nsation/if-your-flights-delayed-or-cancelled/

 

[Official Old Man]

Hillian is correct, if the Aircraft has gone tec then its deemed a safety issue. Does depend on the reason though, and if its deemed 'avoidable' Bird Striek for example is no ones fault so there wouldnt be a pay out. I would always trust the engineers and not the pilot when it comes to returning to base as well!

We were going to Cape Verde (Boa Vista) where the planes can't take off after dark. So it would have taken longer to repair the plane, getting the part etc. As we were half way, had it been a major fault the engineers would get us down quick. We were over Tenerife at the time and flew back over Portugal, Spain & France.
In my opinion Thomson worked out the 'cheapest' option rather than what was best for its clients.

 

[happypig]

We were going to Cape Verde (Boa Vista) where the planes can't take off after dark. So it would have taken longer to repair the plane, getting the part etc. As we were half way, had it been a major fault the engineers would get us down quick. We were over Tenerife at the time and flew back over Portugal, Spain & France.
In my opinion Thomson worked out the 'cheapest' option rather than what was best for its clients.

More than 4 hours late and more than 3500km, you're entitled to €600 each. The fact that the captain was happy to turn round (It's ultimately his/her decision) and fly another few hours would suggest that it was't a safety critical issue, if it was he/she would have diverted to the nearest suitable airport.
Can't see how Thomson can wriggle out of this one, although they will probably try.

 

[Herr Tubthumper]

Yes! The EU compensation is worked out from the stated arrival time vs the actual arrival time. If this is over X amount of time then you are due compensation.

Good old EU. What would you have done without them?

 

[Collingburnian]

I agree with happypig above. Airlines are no longer allowed, as they once were (and still try very hard) to allow technical reasons as grounds for not paying compensation. If your flight arrives at its destination more than four hours later that it was scheduled to, then compensation kicks in. The amount depends on the distance covered. A couple of years ago we suffered a four and a half hour late arrival with easyJet and they paid up without any problem.

 

[kingcole]

You are due compensation and a technical anomaly is not grounds for your airline to escape paying you. The compensation is an EU directive and is known as EU261.

You don't say where you were flying to from LGW. This is important as the compensation levels are different depending on whether your arrival airport is under or over 1500km from Gatwick.

Your delay, over 3 hours will entitle you to 300 Euro or 400 Euro compensation.

Additionally, your airline should provide necessary essentials like meals and hotel accommodation if necessary and assist with local travel cost if appropriate.

The reasons for an airline not paying are delays directly related to industrial action or weather.

My advice is to claim directly from your airline. There will probably be a form on their website. If not, send them a letter stating what you are claiming as part of EU261. The figures I mention are for each passenger, regardless of age or what you paid for your flight.

Please don't use a claims company despite how tempting this may seem. There is very little work involved in making a claim and there is no need to give up 30% + of your compensation.

EDIT: I see you were going to Cape Verde. Over 4000km away. With a 4+ hour delay your compensation will actually be 600 Euros each (over £500 at the current exchange rate)

 

[happypig]

You are due compensation and a technical anomaly is not grounds for your airline to escape paying you. The compensation is an EU directive and is known as EU261.

You don't say where you were flying to from LGW. This is important as the compensation levels are different depending on whether your arrival airport is under or over 1500km from Gatwick.

Your delay, over 3 hours will entitle you to 300 Euro or 400 Euro compensation.

Additionally, your airline should provide necessary essentials like meals and hotel accommodation if necessary and assist with local travel cost if appropriate.

The reasons for an airline not paying are delays directly related to industrial action or weather.

My advice is to claim directly from your airline. There will probably be a form on their website. If not, send them a letter stating what you are claiming as part of EU261. The figures I mention are for each passenger, regardless of age or what you paid for your flight.

Please don't use a claims company despite how tempting this may seem. There is very little work involved in making a claim and there is no need to give up 30% + of your compensation.

Post #7, Cape Verde. 4500km. I think, from the CAB link its €600 each

 

[Collingburnian]

Thomson will almost certainly want to see your boarding pass, so hope you still have it. Probably also useful, if you still have them, to keep the luggage tags that were attached to your luggage when you checked in. Anything that can prove you were actually on the affected flight is good ammunition in case of a dispute.

 

[Official Old Man]

Thanks Guys.
Letter sent (no lawyers involved). I was working on miles (2721) but it is 4378 kilometers so over that magic 3500 mark.
600 euros each plus £250 each from our insurance policy.
All because they really messed me up.

 

[Official Old Man]

Thomson will almost certainly want to see your boarding pass, so hope you still have it. Probably also useful, if you still have them, to keep the luggage tags that were attached to your luggage when you checked in. Anything that can prove you were actually on the affected flight is good ammunition in case of a dispute.

They put a letter under our hotel door for our insurance company. But yes, kept everything.

 

[kingcole]

Thanks Guys.
Letter sent (no lawyers involved). I was working on miles (2721) but it is 4378 kilometers so over that magic 3500 mark.
600 euros each plus £250 each from our insurance policy.
All because they really messed me up.

There may be a condition in your insurance that prevents you from double claiming. They will be aware of your entitlement from EU261. I travel a lot, have had a few EU261 claims over the years and also have a very comprehensive travel policy. I've never claimed both. Maybe I should have, but their conditions are normally tight.

'Messed up' is quite subjective. I suspect there was not maintainnce in BVC for your airline so they made a commercial decision to turn back and fix in the UK. Either way, they will have paid dearly. As a minimum 600 euros for all on your flight and all those due to fly on the same plane back to LGW.

Hope your delay didnt spoil your holiday and the compensation will fully compensate you

 

[Peteinblack]

You are due compensation and a technical anomaly is not grounds for your airline to escape paying you. The compensation is an EU directive and is known as EU261

C'mon Theresa, hurry up with Brexit and we can put an end to this nonsense

 

[Cowfold Seagull]

Good old EU. What would you have done without them?

Hmmm come in hand sometimes don't they?

Cowfold Seagull, proud European.

 

[Paris]

Hmmm come in hand sometimes don't they?

Cowfold Seagull, proud European.

Feel free to use the edit option

 

[Springal]

Good luck. Thomson will fight it and it will take ages