A Quick Overview Of Asserting Payment If Your Vacation Air Travel Is Delayed Or Cancelled.

by WillisWickman16 posted Oct 16, 2015
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Getting payment was a battle of wits, however after a court ruling this week airlines' excuses are running out. After being rescheduled onto a later flight which too was postponed by 90 minutes, we lastly got to Orlando at 1 clock in the early morning, about 5 hours and 15 minutes behind our original scheduled time. We lastly arrived at Heathrow over 20 hours later than arranged with our flight from Miami to Heathrow (rearranged through British Airways) also postponed by 23 minutes. As an outcome of the delay getting home, we incurred extra expenses for food and extra airport parking charges. You are correct that as American Airlines is not an EU based airline you can only consider EU261 rules for the outward flight.

A 3rd aircraft was then dispatched but it too was delayed as numerous passengers decided to abandon their journeys and the off-loading then caused extra delay. This kind of hold-up though is not daily and it is most likely a grey area to be fair when it comes to the. legislation. I have actually likewise learnt the real EU legislation and can not see where this knock on delay is covered. However keep in mind that the initial fault is plainly NOT covered for compensation under the rules.

I am a little uncertain as to the specific scenarios here however if you chose to leave the following day on a different flight then you would not typically be entitled to claim. I went to the airport, checked security and invested number of hours waiting and enjoying new departure times every 30 minutes, till I realized it was going to be 6 hours delay. They did put is up in a hotel overnight, but as I no longer have any paper work or a note of the air travel number I imagine I am going to have problems.

This air travel was cancelled and real time of rescheduled departure was 18.05 hrs (local Indian time - 12.35 hrs GMT 04/02/2013) getting to approx 23.59 hrs GMT 04/02/2013 arriving 17hrs 15 mins later after initial scheduled time. We were informed the flight was delayed due to the landing lights not working and the back up system likewise failing'. After several hours of tannoy statements stating the air travel was postponed we were then notified at approx 06.30 (local time) that the air travel was cancelled. Unless you desire these make it clear in your letter to them that you want cash as per EU261 guidelines and NOT vouchers.

On our return to the airport we were told that the parts for the flight had been at the airport before we had actually even left for the hotels and had been replaced. On our arrival we were furnished with a letter from TC declaring an unanticipated operationally substantial problem which required correction prior to more travel". Our original claim was turned down as being due to hidden" technical difficulties - would we now be entitled to payment provided the most current rulings. Emirates are not covered by any of the EU261 laws on payment unless the air travels is departing from an EU nation, which in this case it woulnd't be.

3. They mention that as the very first air travel was just 84 mins late, confessing that that made us miss our linking air travel, does not qualify for the 3 hour hold-up compensation despite the fact that it resulted in 30 hour delay reaching final location. There were 5 of us on the trip and we have actually continued with our claim and received 3 payment rejections up until now.

However Emirates argue that the EC261/2004 regs only apply to the first leg of my journey, which would not be a compensation occasion as the delay was below 3 hrs. Nevertheless, my analysis from reading your view on other cases is that payment is payable for the hold-up flight delay compensation amounts at the final location, in my case Brisbane, which was 24 hrs. They reference the judgments from court cases Emirates Airlines - Diretion fuer Deutschland v Dieter Schenkel (C-173/ 07) and Sanghvi v Cathay Pacific Airways to underpin their argument that the policy only uses to individual flights.

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