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Old Mar 6, 2015, 5:37 pm
  #46  
 
Join Date: May 2014
Posts: 412
The last (shorter) flight delayed - which compensation?

My story is AB-related, but this is a general question which I could not find answered anywhere.

I had a two-leg flight, ORD-TXL TXL-KRK (one ticket). The first leg flight was on time. The second, due to mechanical problems, was cancelled and rebooked to a flight 9 hours later.

My question: which compensation should be considered? 250 euro (only the last flight was cancelled and it was <1500 km to destination)? Or, it does not matter which leg was cancelled or delayed, because the whole journey issued on one ticket matters? In such a case 600 euro would be the right claim?

BTW, after some e-mails, AB offered either 250 cash or 350 voucher.

I could not find an answer, people always write about the first leg delayed resulting in the connecting flight missed etc.
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Old Mar 9, 2015, 7:31 am
  #47  
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Delay compensation

Should be just the distance of the affected flight.

Article 7
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

Last edited by seawolf; Mar 9, 2015 at 7:37 am
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Old Mar 9, 2015, 1:48 pm
  #48  
 
Join Date: May 2014
Posts: 412
Originally Posted by seawolf
Should be just the distance of the affected flight.
Thanks! You are right. I have received the same answer from German LBA:
"Thank you for your inquiry to the Federal Aviation Office
Luftfahrt-Bundesamt (LBA).

The compensation depends on the distance of the cancelled or delayed
flight, calculated from the point at which the incident occurred to the
destination at which the cancellation will delay the passenger's arrival
(Regulation (EC) No 261/2004, article 7, paragraph 1)."
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Old Apr 1, 2015, 2:48 am
  #49  
 
Join Date: Dec 2000
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Hello all,
Got a question. Taking my first Air Berlin flight this Sunday JFK-TXL continuing to LHR (BA Codeshare).

I'm flying on 7249 scheduled to depart at 5:40PM and noticed online that the flight has been habitually late over the last few weeks. Never seems to have left on time. http://flightaware.com/live/flight/BER7249/history

Hoping for the best but planning for the worst. What is the ideal method to handle flight delays from JFK-TXL to protect myself and receive compensation if due?
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Old Apr 1, 2015, 11:08 am
  #50  
 
Join Date: Nov 2008
Location: ORD
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Posts: 2,781
Originally Posted by joebeenyc
Hello all,
Got a question. Taking my first Air Berlin flight this Sunday JFK-TXL continuing to LHR (BA Codeshare).

I'm flying on 7249 scheduled to depart at 5:40PM and noticed online that the flight has been habitually late over the last few weeks. Never seems to have left on time. http://flightaware.com/live/flight/BER7249/history

Hoping for the best but planning for the worst. What is the ideal method to handle flight delays from JFK-TXL to protect myself and receive compensation if due?
Doesn't answer your ultimate question, but I believe the delays have been due to one of the runways at JFK being shut down for repairs. You may want to check to see when those are due to be completed to see if you have any hope of getting out earlier.
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Old Apr 1, 2015, 11:13 am
  #51  
 
Join Date: Dec 2000
Location: New York, NY
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Posts: 1,134
Oh YEAH forgot about the runway closure. Makes sense. Did a little research and it looks like the construction is going on through the end of the year.

Link to PANY JFK website with info:

http://www.panynj.gov/airports/jfk-reconstruction.html
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Old Apr 1, 2015, 7:35 pm
  #52  
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Delay compensation

If you are on a restricted ticket (eg change fee) nothing you can do without paying a fee. Are both flights on same ticket?
seawolf is offline  
Old Sep 2, 2015, 12:24 pm
  #53  
 
Join Date: Jan 2008
Location: Little Rock
Programs: American life Plat
Posts: 15
Talking EC 261/2004 Success with AB

AB ORD to TXL cancelled. Contacted AB by letter and got a reply 17 days after letter was received in Berlin. I used a letter template I found on line. Included AB and AA booking reference and ticket number. I laid out the facts:
Original flight info and sent copies of boarding passes and itinerary.
A letter from the AB office at ORD showing the flight was cancelled.
Revised Itinerary and boarding passes showing a 30+ hour delay reaching TXL and stating the flight length in kilometers.
A notice of my expectation of EUR600 each and a reply within 14 days.
I also sent a completed EC 261/2004 complaint form.

I sent it to AB from the US by FedX on a Friday and it was received the next Monday and I received an Email from AB 17 days later. FedX Cost $49

At the same time, I mailed (USPS 1st Class) a complete set of that same data to the German agency that watches over the 261/2004 rules. Luftfahrt-Bundesamt Cost $5.

I don't know what caused them to respond as quickly as they did It could be that I provided lots of documentation or that Luftfahrt-Bundesamt was provided the same info. and sent AB a letter. Here is a part of the email from AB.

-------------------------------
We refer to the letter of the Luftfahrt-Bundesamt.

We sincerely regret any inconvenience caused by the cancellation of your flight from Chicago on 22.07.2015. It is a major concern of airberlin to offer our passengers reliable and comfortable transportation. Please accept once again our apologies.

For courtesy reasons and without acknowledgement of any legal obligation we will refund the amount of EUR 600,00 each person (2 person)
-------------------

They provided a web site address to send bank information for a wire transfer. I have responded and will wait for the deposit.

Last edited by WWOOLLY; Sep 14, 2015 at 12:28 pm
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Old Sep 2, 2015, 1:42 pm
  #54  
 
Join Date: Oct 2011
Posts: 3,838
Originally Posted by WWOOLLY
AB ORD to TXL cancelled. Contacted AB by letter and got a reply 17 days after letter was received in Berlin. I used a letter template I found on line. Included AB and AA booking reference and ticket number. I laid out the facts:
Original flight info and sent copies of boarding passes and itinerary.
A letter from the AB office at ORD showing the flight was cancelled.
Revised Itinerary and boarding passes showing a 30+ hour delay reaching TXL and stating the flight length in kilometers.
A notice of my expectation of EUR600 each and a reply within 14 days.
I also sent a completed EC 261/2004 complaint form.

I sent it to AB from the US by FedX on a Friday and it was received the next Monday and I received an Email from AB 17 days later. FedX Cost $49

At the same time, I mailed (USPS 1st Class) a complete set of that same data to the German agency that watches over the 261/2004 rules. Luftfahrt-Bundesamt Cost $5.

I don't know what caused them to respond as quickly as they did It could be that I provided lost of documentation or that Luftfahrt-Bundesamt was provided the same info. and sent AB a letter. Here is a part of the email from AB.

-------------------------------
We refer to the letter of the Luftfahrt-Bundesamt.

We sincerely regret any inconvenience caused by the cancellation of your flight from Chicago on 22.07.2015. It is a major concern of airberlin to offer our passengers reliable and comfortable transportation. Please accept once again our apologies.

For courtesy reasons and without acknowledgement of any legal obligation we will refund the amount of EUR 600,00 each person (2 person)
-------------------

They provided a web site address to send bank information for a wire transfer. I have responded and will wait for the deposit.
This is HOW it is done! Congrats. ^^^^
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Old Nov 24, 2015, 10:08 am
  #55  
 
Join Date: Jan 2008
Location: Little Rock
Programs: American life Plat
Posts: 15
Follow up to post above....

November 24, 2015

After receiving the response shown above, I replied at once on September 16th. I did not receive a response, so I replied twice more in the last two weeks in September, and received a automatic reply from their system for one of them. No specifics, just an automatic, we got you message and will be in contact.

With no reply during October, I wrote a letter with all of the specifics (again) and using the reference numbers provide by AB and the German agency that works on the payments. I finally got an email from BA on November 11th. I have removed all names and numbers from the message. See below….

“Thank you for your E-Mail dated 16.09.2015. Please accept our apologize for our delay in responding.
Now we arranged a bank transfer about EUR 1.200,00 to your accounting.
Hopefully we were able to help you with this information and looking forward to welcome you on board airberlin again.
Kind regards

Guest Relation Team
Air Berlin PLC & Co. Luftverkehrs KG
Saatwinkler Damm 42-43
13627 Berlin
Etihad Airways Partner
airberlin group | member of oneworld®
Onine Formular: www.airberlin.com/Beschwerde
http://www.airberlin.com
facebook.com/airberlin
airberlin.com/newsletter”

They replied on November 11th to my email of September 16. About TIME!! If you want to see some other interesting comments from AB passengers, look at the face book account they listed.

On November 18th, a week after the last email, the money appeared in my bank account. No notice was received.

If you are delayed, be sure to get a statement from AB as to the cause of the delay and length, keep your e-ticket and boarding passes, and if possible, go to the ticket counter when you arrive and demand payment at that time. Unless you want a voucher and will accept less that the maximum, don’t take one. Good Luck! ^
WWOOLLY is offline  


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