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Flight delay compensation

posts: 22
reviews: 13
Flight delay compensation

My daughter was recently delayed by 41 hours on a flight from Beijing to Heathrow via Rome. She has tried to claim compensation from Alitalia but they inform her the flight was delayed due to bad weather so compensation isn't due. She claims that other flights were taking off from Beijing on the morning of her flight, Does anyone know where I can find out if the weather at Beijing Airport was particularly bad that day and whether many flights were delayed for the same reason. They did put her on another flight which took off about 30 hours later but this caused her to miss a connection in Rome so had to stay in Rome overnight. She was given accommodation and food but was given very little information about the delay. There was an earlier flight which had seats available but they wouldn't put her on it as they didn't have any economy class seats. Any advice or tips would be greatly appreciated.

Elk Rapids, Michigan
Destination Expert
for Lanai
posts: 8,759
reviews: 39
1. Re: Flight delay compensation

It could have been bad weather in Rome that caused the delay.

Any out of pocket costs should be covered by her travel insurance.

Edited: 11:51 am, October 16, 2012
Manchester, United...
posts: 338
reviews: 8
2. Re: Flight delay compensation

Dates, times, flight numbers???

posts: 12,118
reviews: 37
3. Re: Flight delay compensation

Ouch. That's a hell of a delay.

However the airline did provide accommodation when needed and got her to her destination, albeit very late. That is all the airline is required to do. Airlines do not have a 'Delay Repay' scheme like railway companies as the services are not contracted to the Government.

Any payment would be a goodwill gesture, not 'compensation'. Any losses arising are covered by travel insurance.

Manchester, United...
posts: 338
reviews: 8
4. Re: Flight delay compensation


You are incorrect in your assumptive response to the OP. Dependent on the reason for the delay, EU airlines are obliged to compensate passengers for cancellations and long delays so long as the reason isn't due to 'extraordinary circumstances'.

Check out EC 261/2004 and the Sturgeon judgement in the ECJ.

posts: 22
reviews: 13
5. Re: Flight delay compensation

Thank you very much for taking the trouble to reply. Fortunately she didn't really have out of pocket expenses as she was put up and fed for the two nights she was delayed. The Witch website states that passengers are entitled to compensation if there are no extraordinary circumstances of which weather which makes flying dangerous is one. I am trying to find out whether the weather was particularly bad. Obviously I would rather her be delayed than fly in dangerous circumstances.

posts: 22
reviews: 13
6. Re: Flight delay compensation

Thanks for your two responses. Flight number was AZ791 due to depart on Thursday 27th September at 9.55 am but eventually took off on Friday 28th September at 17.45 pm.

Seattle, Washington
posts: 9,198
reviews: 99
7. Re: Flight delay compensation

<<<Flight number was AZ791 due to depart on Thursday 27th September at 9.55 am but eventually took off on Friday 28th September at 17.45 pm>>

In your first post, you state she had a 41 hour delay. The flight posted above did not leave 41 hours late, so I am a little confused as to what happened.

So, she had no additional expenses for this delay. What kind of compensation is she looking for?

Sometimes the weather at the departing airport has nothing to do with a legitimate weather delay.

Fortaleza, CE
posts: 8,292
reviews: 378
8. Re: Flight delay compensation

She is seeking compensation or you're hoping she can get some? Claiming that the plane should have taken off because others did may not go too far unless there's some indication that weather was just an excuse. If the pilot says it's too dangerous to fly but others take off, what would she argue? The airport should have some record of what was happening. Looks like about a 30 hour delay. I've certainly heard of worse treatment of passengrs by airlines. She wants compensation for pain and suffering? You're writing on her behalf but it's not clear to me if she, or you, have yet contacted Alitalia. Getting "very little information" should be documented, especially if that caused her to miss a flight, etc.

Edited: 2:41 pm, October 16, 2012
posts: 22
reviews: 13
9. Re: Flight delay compensation

The reason for the 41 hour delay was due to her flight being beijing to heathrow via Rome. The delayed flight arrived in Rome too late to get a connecting flight so she had to spend the night in Rome thus delaying her even longer. She incurred little in the way of expenses as the airline did provide food and accommodation. According to the Witch website she can claim 600 euros if there are no extraordinary circumstances. I'm really just trying to find out whether the airline is being truthful about the reason for the delay. I appreciate your input.

Liverpool, UK
posts: 12,951
reviews: 23
10. Re: Flight delay compensation

I'm guessing the 41 hr delay includes the delayed departure from Beijing of around 31 hrs plus the additional time stuck in Rome due to a missed connection.

If it was a weather issue this could be at Beijing which seems unlikely as other planes were departing, weather on the flight route which might not have affected other departures going in the other direction or a weather problem somewhere else in the world which could have affected that particular aircraft in it's earlier flying schedule.

Airlines often quote weather issues which because of their wide nature can be difficult to prove or disprove.

The delay could come under the terms of EU Regs 261 unless there was a legitimate weather related reason for the delay.