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To Pursue or to not Pursue - Compensation Question

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To Pursue or to not Pursue - Compensation Question

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Old Oct 28, 2016, 6:44 am
  #1  
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To Pursue or to not Pursue - Compensation Question

Flight was booked 6 months in advance. Direct from SNN to JFK on Fri, Oct 14th. Arrived at the SNN airport 3.5 hours prior to departure time, checked flight screen, flight cancelled. Agent notified us they we have been rebooked with a layover (2 different carriers). SNN to LHR (2 hour layover) LHR to JFK. No mention of alternative dates or times or why flight was cancelled. We were given food vouchers for the inconvenience. While on the SNN-LHR flight a seat mate informed me that the flight was cancelled on Wed due to a cargo fire while on tarmac in Orlando.

LHR was a nightmare. 2 buses, security and customs. All with long lines. So much so that we almost missed the connecting flight.

Arrived in JFK 4+ hours after our originally schedule time with direct flight.

Cliff Note Version:
- Flight was cancelled approx 48hrs prior to departure - No notification
- Rebooked on layover flights - No alternatives offered
- Assigned window seats - Reserved aisle
- Arrived 4+ hours after original arrival time

I am saddened for those injured in the cargo fire and feel a bit petty requesting compensation but my travel partners would like to pursue.

Last edited by Collee; Oct 28, 2016 at 7:32 am
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Old Oct 28, 2016, 8:35 am
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The airline will likely put up some resistance, but their fleet scheduling isues caused by a fire on the ramp at MCO, although it was further hampered by the hurricane that hit Florida the next day, should probably not count as an extraordinary circumstances which would allow them to get off the hook.

Arriving more than 4 hours after your scheduled arrival time at NYC should allow you to claim the full €600 per passenger.

Only one bus should have been necessary at LHR - there are airside transfer buses which circulate amongst all terminals. You should not have had to go landside, and should not have had to pass customs.

The type of seat you were assigned on your replacement flight is of no relevance as regards compensation. When you are put on a flight only hours before departure, you can only be placed in a seat that has not already been assigned.

You might be better off turning to one of them any claims agencies who will pursue the matter on your behalf, if they think a claim is justified, and who take a cut of any monies refunded (if they can't get a refund, then you don't need to pay them).
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Old Oct 28, 2016, 10:14 am
  #3  
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You have a claim under EC 261/2004 against EI for EUR 600 per passenger for delaying your arrival at the final ticketed destination, e.g. JFK by 4+ hours. The rest of the story is completely irrelevant to the claim and will delay and clog it up.

The weather and fire at MCO were certainly extraordinary, but those were in the past and SNN is hardly an outstation for EI. It was for EI to locate a replacement aircraft in the meantime. While it was shoddy customer service not to notify you, that is irrelevant to the claim (and also points to the importance of being proactive about checking these things yourself).

I disagree that there is a need to use a claims service. In the first instance, you should make your claim with EI in a businesslike manner and pursue it. You don't say where you are located so it is hard to determine whether you have local court options which are practical. But, there is no reason why you should give up 33% or thereabouts of your claim if it is something which you could just as easily handle yourself.

If this is all difficult, you can turn this over to a claims bottom feeder when you tire of it.
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Old Oct 28, 2016, 10:36 am
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Thank you for the responses!

Irish - We were advised that we must go thru customs at LHR since we did not do so at SNN. All passengers that we were re-routed like us did the same. We were told that SNN-LHR is considered a "domestic flight" and does not require additional screening other than security.

Often - If were were notified of the cancellation we could have investigated our options. Direct flight another day or transfer to US airport that we were more familiar with. We were given no options. Informed of cancellation, handed new tickets and food vouchers.
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Old Oct 28, 2016, 10:43 am
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Originally Posted by Collee
Thank you for the responses!

Irish - We were advised that we must go thru customs at LHR since we did not do so at SNN. All passengers that we were re-routed like us did the same. We were told that SNN-LHR is considered a "domestic flight" and does not require additional screening other than security.
You appear to be conflating customs with security.

Yes - you must clear security when transferring at LHR. But no, you must not clear customs (walking through the green/blue channel on the exit to the landside area at the terminal of arrival) because you are NOT entering the United Kingdom and therefore do not need to clear UK customs.

[It sounds like you did enter the UK - though this should not have been necessary. There are airside buses from T2 to all other terminals that prevent you having to do so, but if you are not familiar with LHR I guess it is easy to miss the transfer signs]
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Old Oct 28, 2016, 11:53 am
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Originally Posted by Collee
Thank you for the responses!

Irish - We were advised that we must go thru customs at LHR since we did not do so at SNN. All passengers that we were re-routed like us did the same. We were told that SNN-LHR is considered a "domestic flight" and does not require additional screening other than security.

Often - If were were notified of the cancellation we could have investigated our options. Direct flight another day or transfer to US airport that we were more familiar with. We were given no options. Informed of cancellation, handed new tickets and food vouchers.
Nonetheless, it is immaterial. You are due EUR 600 because you were delayed at your final ticketed destination by 4+ hours. Doesn't matter if the EI agent spat in your face or wept.

If you believe that you deserve more than EUR 600, you may certainly ask, but you will never see it and it will take longer to be told no.
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Old Oct 28, 2016, 12:09 pm
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Originally Posted by Often1
Nonetheless, it is immaterial. You are due EUR 600 because you were delayed at your final ticketed destination by 4+ hours. Doesn't matter if the EI agent spat in your face or wept.

If you believe that you deserve more than EUR 600, you may certainly ask, but you will never see it and it will take longer to be told no.
^^
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Old Oct 28, 2016, 1:01 pm
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My terminology may be over as it was my first time overseas (blush). Upon deplaning we were advised to take a shuttle which brought us to an area where we walked thru a crowded rat maze (told to put all liquids and makeup in 1 plastic bag). Agents scanned passport (took over 5 minutes because computers were wonky) and then another area and line for security. Perhaps all was a 2 part security process.

Funny story, while waiting on line. I could have sworn the agent stated "wine is prohibited" My friends heard the same as did other travelers around us. I had 4 travel size bottles of wine and started guzzling. Apparently others travel with wine as well as they did the same. I downed 2 and said "hell with this. they can take my damn wine." Cleared security with the 2 remaining full bottles with issue or question.

Sorry for the confusion. I wasn't implying that we deserve more that 600 euro (i would be shocked if we even get that). Was just trying to say we should have been presented with other options other than "you have been re-booked".

Would you recommend contacting the airline as our first step or skip airline and submit an EU 261 complaint form?

Thanks again for the advice!
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Old Oct 28, 2016, 8:07 pm
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You aren't going to get your EUR 600 unless you make your claim to EI. Nobody else will pay it.
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Old Oct 28, 2016, 11:06 pm
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You should have been given the option to cancel for a full refund [of the remaining parts of the journey; not really an option if you are about to return home; however if you are still on the outbound trip and a cancellation leads to a trip-in-vain situation they will be required to return you to your origin too in such a case if that is your choice] or to rebook for a later date that suits the parties.

Given that there was no advance warning, your opportunity for negotiating travel on a different day was seemingly compromised. Although the airline didn't stick to the letter of the law on this point, what's done is done and it is unlikely that anything will come from pressing this point.

The key to claims is to be succinct and concise. Just state the bald facts; other juicy details and grievances [the wine, the security, the buses etc] can feature in your retelling to friends, but won't assist in your claims as these are irrelevant.
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Old Oct 29, 2016, 9:47 am
  #11  
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Claim will only include the pertinent details. The other tales are to be shared only as a comic relief with friends and flyertalk. LOL!!!

Thanks again! Will keep you updated.
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Old Oct 30, 2016, 3:35 am
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There is a handy step by step guide on how to claim the EU261 on the BA forum here.
http://www.flyertalk.com/forum/briti...61-2004-a.html.

If you follow those guodelines but instead of using MCOL use the Irish small claims court on line service if you need to go that far. ( i suspect you will!)

Be patient and follow the process and you should get €600.00 per pax on the booking.
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Old Feb 13, 2017, 11:03 am
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Has anyone tried using AirHelp to pursue EU261 claims with Aer Lingus? They've spent several months pursuing it and are now claiming that the "Maintenance and Champerty 1634 law" is preventing them from going any further. Is there another way to pursue a claim from the US?
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Old Feb 13, 2017, 12:42 pm
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Originally Posted by steveholt
Has anyone tried using AirHelp to pursue EU261 claims with Aer Lingus? They've spent several months pursuing it and are now claiming that the "Maintenance and Champerty 1634 law" is preventing them from going any further. Is there another way to pursue a claim from the US?
I believe this law will stop a third party perusing a claim for you but it will not stop you perusing it yourself. You could file a claim in the Irish small claims court if you have an Irish address or directly into something similar in the US. Do Airhelp believe that you have a legitimate claim?
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Old Feb 13, 2017, 11:13 pm
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Originally Posted by MBDublin
I believe this law will stop a third party perusing a claim for you but it will not stop you perusing it yourself. You could file a claim in the Irish small claims court if you have an Irish address or directly into something similar in the US. Do Airhelp believe that you have a legitimate claim?
They do, but is there a way for me to pursue my claim myself without an Irish address?
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