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View Full Version : Missed EU flight, not my fault.



Kobe
10-13-2012, 07:23 PM
So we had a 3hour delay When i was flying from Warsaw > Frankfurt and I missed my second flight, I had to send a night in Frankfurt and go 2 Amsterdam the following morning to catch a flight to Calgary.


I was talking to a german at the airport and he said there by law the airplane company is forced to pay you compensation (in the EU) if you miss a flight and it is not your fault.


I'm trying to find this online but I can't really find any info on this, has anyone had this issue? I heard it's pretty recent.

I also had an extra 15e paid for a seat, and on my flight to Calgary this time I only got whatever seat since the flight was overbooked..



Edit: I just found this

http://en.wikipedia.org/wiki/Regulation_261/2004#Compensation_and_assistance


Compensation and assistance

There are three broad categories of compensation and assistance that may be required in the case of cancellations or denied boarding.
[edit]Cash compensation
Cash compensation is a payment of:
€250/400/600 for flights type 1/2/3 (see notes).
Where rerouting is offered and results in the passenger arriving within two/three/four hours of the scheduled arrival time for a type 1/2/3 flight, the compensation payable is halved.
This payment is strictly a compensation for the customer's inconvenience and does not replace or form a part of either of the following two compensation categories.
Although the wording of the regulation indicates that this payment is not relevant in the case of delays, the judgment of the European Court of Justice in joined cases C‑402/07 and C‑432/07, from 2007, suggests that the regulation must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. The case is now considered to be closed[2], although the right to compensation is not enforceable in the United Kingdom due to a High Court reference back to the ECJ, pending which all cases would be stayed.
The Airline is not obliged to provide Cash compensation in the case of "Extraordinary Circumstances" (Defined earlier in the document), according to Article 5, Paragraph 3.

Edit: Tricky situation here, There was flights boarding before us, and if if we were one of those flights I would have caught the second flight..

It says I should be getting 600e for my compensation.

I talked to condor airlines and Luthansa when I missed my flight and they told me 2 talk 2 LOT since they were the 1st flight I went with, but it was condor that booked the ticket for me so they are responsible.

J-D
10-13-2012, 07:56 PM
There's some case law on this apparently.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0402:EN:HTML


2. Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.

Kobe
10-13-2012, 09:17 PM
Thanks! I've been reading up on this and just sent the case + all the information I have to my friend...

Pretty sure my case is strong when a flight that was at 11:10 was boarding and the 10:50am flight was still delayed.

http://imageshack.us/a/img18/322/photoskl.jpg


Pretty sure I have a pretty strong case..

CanmoreOrLess
10-13-2012, 09:32 PM
I was in this situation in London, the airline arranged for hotel, transport, meals (dinner and breakfast), a $400 future travel voucher and ended up bumping us to business class. Was happy for it all as jet lag was doing me in. You should be in front of your computer playing HU and printing money instead of getting yanked around in Europe anyway.... LOL.

Kobe
10-14-2012, 08:37 AM
Originally posted by CanmoreOrLess
I was in this situation in London, the airline arranged for hotel, transport, meals (dinner and breakfast), a $400 future travel voucher and ended up bumping us to business class. Was happy for it all as jet lag was doing me in. You should be in front of your computer playing HU and printing money instead of getting yanked around in Europe anyway.... LOL.

What airline if you don't mind me asking?

Will be playing heads-up in a few days, just got back right now more important shit 2 do, and @ my dads house till my apartment is ready on Nov 1st..

jus_sum_guy
10-18-2012, 06:02 PM
Condor ticket stock means Condor has to reimburse you. Then afterwards they will go after LOT for that $

Kobe
10-18-2012, 07:31 PM
I've e-mailed condor and then I had to phone them and they are saying I need to talk to Lot, I know it's not true, I'm going to give them 1 more day to reply back to me via e-mail or I will be filing my claim with Civil Aviation Authority.

I've read this is where I'm suppose to go?

http://www.caa.co.uk/homepage.aspx?catid=1759


You're a travel agent right Jus_sum_guy, do I have a case?

jus_sum_guy
10-19-2012, 12:08 AM
Have you talked to LOT?

I usually talk to the airline that caused the delay first since it was them that caused it. That airline usually compensates my clients...

BUT if LOT is not doing anything about it then whichever airline the ticket was issued under should deal with it for you.

Because you were delayed more than 2 hours, did LOT provide anything during the delay?

Do you know the reason behind the delay? If it was a VERY good reason, you won't get anything...

Lanks
10-19-2012, 12:13 AM
Why was your flight delayed? It seems like your case might hinge on this. In the case law It seems that the airline is not liable if the delay was out of their control, ie weather or something

Kobe
10-19-2012, 12:55 AM
Originally posted by jus_sum_guy
Have you talked to LOT?

I usually talk to the airline that caused the delay first since it was them that caused it. That airline usually compensates my clients...

BUT if LOT is not doing anything about it then whichever airline the ticket was issued under should deal with it for you.

Because you were delayed more than 2 hours, did LOT provide anything during the delay?

Do you know the reason behind the delay? If it was a VERY good reason, you won't get anything...

During the delay we got nothing. No Drinks or food. When we got into frankfurt we got a hotel + 20e for food..

The weather was a factor, however airplanes that were suppose to start after me were boarding well before us.

Will give Lot a call tomorrow and update

jus_sum_guy
10-19-2012, 01:38 AM
Unfortunately weather is out of the airlines control so you won't get any compensation on your ticket.

Having said that you can apply for compensation for any food, drinks and phone calls you had to pay for during the delay since it was more than 2 hours and none was offered by the airline.

Hopefully you kept any receipts...

bitteeinbit
10-19-2012, 06:56 AM
I don;t understand, I've missed numerous flights (connections) and if it's not your fault they just let you hop onto the next one. What's the big deal? Only problem was them overbooking flights so once after waiting for 6 hours in Washington, they told me I could only come if someone didn't show up for that flight, otherwise I would have had to wait for the next one...