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Delay Compensation- Help

Old Bridge, New...
posts: 3
Delay Compensation- Help

I was traveling from JFK to Warsaw, with a connecting flight in Paris last week. My flight was originally 710PM and was delayed until after 9, because of this I missed my connecting flight in Paris. We were supposed to land at 835 and my flight was at 945. Instead, we landed at 915 and the stewards said it was impossible to make the plane even when I told them I had a connecting flight as soon as I found out we had a delay. I went immediately to customer service at 930, and they changed my ticket to a flight at 720 pm. I had sat at the airport all day with a lousy food voucher and they said they ran out of free calling cards and I could call collect from the airport. After reading about air rights from the Eu page, i would like to know what i am able to be compensated for? Because I was delayed my flight did not arrive in Warsaw until 945 and I had a train at 1020 to my family's home, and got there at 530 am Wednesday morning because there were no more express trains at that time. I came to visit my sick grandmother who had been hospitalized and I bought this ticket just a few days before my departure and it cut a whole day off of my trip.

Any advice? Greatly appreciated.

Sincerely,

US/Polish dual citizen

uk
posts: 2,717
reviews: 74
1. Re: Delay Compensation- Help

What was the reason your first flight was delayed?

Old Bridge, New...
posts: 3
2. Re: Delay Compensation- Help

The staff was very rude and answered questions minimally, they said it had to do with weather (JFK) and would not update us with new information, for example it said new time of departure 745, until around 8PM. We did not board the plane until after 830.

North Carolina
posts: 1,177
reviews: 23
3. Re: Delay Compensation- Help

So your flight into Paris arrived 40 minutes late? That hardly seems justification for compensation but I'm not up on all of the EU rules.

Portland, Oregon
Destination Expert
for Air Travel
posts: 17,753
reviews: 5
4. Re: Delay Compensation- Help

It looks like the airline you were flying with was Air France (AF7, scheduled arrival at CDG 8.35am). Is that right? If so you then unless the delay was due to extraordinary circumstances (e.g. bad weather), you are entitled to delayed flight compensation of €600, as the flight from the US was operated by a "community carrier".

Here's what you should do -

1) Complete the complaint form provided by the EU. Then send it to Thomson together with a (polite but firm) cover letter requesting your compensation. And request a response within 28 days. Keep at least two copies of everything you send - …europa.eu/transport/themes/passengers/air/d…

2) If you don't hear a response, or you receive an unsatisfactory one, send the same complaint (all those copies you kept) to the French enforcement body (DGAC), who would investigate and give its judgement, which if in your favor they would also contact the airline and request payment. -http://ec.europa.eu/transport/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

3) But, that DCAG judgement isn't binding on the airline, and so if they still refused you would have pursue the matter in court, so it would be off to the French small claims process (of which I have no clue).

You could simply persist with the airline and bypass the DCAG and take them straight to court (after sending a letter before action). There are posts on this forum doing that right now in the UK, and it'll be interesting to see how they turn out.

Here's a site outlining your rights in these situations - airpassengerrights.eu/en/flight-delay.html

Edited: 3:06 pm, August 01, 2013
Portland, Oregon
Destination Expert
for Air Travel
posts: 17,753
reviews: 5
5. Re: Delay Compensation- Help

>> So your flight into Paris arrived 40 minutes late? That hardly seems justification for compensation but I'm not up on all of the EU rules. <<

Jim, there was another ECJ ruling on flight delays that stated compensation is payable if the delay reaching the final destination is greater than 3 hours, including if the incoming flight was delayed for (much) less and caused a misconnect. We can argue about the merits of that ruling till the cows come home, but it's there and so AF would be liable unless they could prove the "extraordinary circumstance" case.

Edited: 3:10 pm, August 01, 2013
Romford, United...
posts: 2,065
reviews: 23
6. Re: Delay Compensation- Help

As your flight emanated in the US and was made as one booking the answer is not a sausage!!!

EU 261/2004 only applies to flights emanating from the EU to World or flights within the EU

Ps welcome to T/A and hope your grandmother is feeling better

Leyland, United...
Destination Expert
for Playa Blanca
posts: 21,685
reviews: 42
7. Re: Delay Compensation- Help

<< Complete the complaint form provided by the EU. Then send it to Thomson together with a (polite but firm) cover letter requesting your compensation.>>

I doubt Thomsons are going to be interested!

<<EU 261/2004 only applies to flights emanating from the EU to World or flights within the EU>>

It also applies to flights originating outside the EU when flying into the EU, when they are operated by a community carrier.

Romford, United...
posts: 2,065
reviews: 23
8. Re: Delay Compensation- Help

I'd be wary on whether the OP could claim compensation as ticket was purchased in the US,the flight emanated in the US and the proximate cause of the chain of events was in the US

US not that well known for paying lipservice to EU rules and may argue jurisdiction

Leyland, United...
Destination Expert
for Playa Blanca
posts: 21,685
reviews: 42
9. Re: Delay Compensation- Help

If it was operated by Air France, Air France have to abide by EU regs. The claim is against the operating airline.

Edited: 3:33 pm, August 01, 2013
Portland, Oregon
Destination Expert
for Air Travel
posts: 17,753
reviews: 5
10. Re: Delay Compensation- Help

>> I doubt Thomsons are going to be interested! <<

Dang! I copy/pasted from a previous post and missed that edit. I did change the enforcement body from CAA to DGAC though. :-)

>> US not that well known for paying lipservice to EU rules and may argue jurisdiction <<

The carrier operating the flight is French and therefore is clearly subject to the EU law.