Finnair Plus - 12hr flight delay - compensation?
jarinzfin
Sep 26, 11, 12:00 am
I was travelling on a AY business class ticket AKL-HEL and due to delays with QF flights out of SYD, I missed both my original and re-booked connections on Finnair and finally got to Helsinki on Lufthansa 12hrs delayed.
Is there any chance of getting any compensation from Finnair? Does the EU degree cover when you're flying on a non-EU carrier (QF) even when the original flight was on a EU carrier (AY) ?
Original booking was AKL-SYD(QF)-SIN(QF)-HEL(AY), actual flights were AKL-SYD(QF)-SIN(QF)-FRA(QF)-HEL(LH). Total travelling time 40 hours... I wasn't very happy!!
Based on on my own experience, it will be very difficult to get compensation from Finnair, because
1. delayed flight did not depart or arrive in EU member state
2. the flight was operated by Qantas
Surely someone on this board knows the EU legislation better and can confirm my speculation. What was the reason for delay, by the way?
WilcoRoger
Sep 26, 11, 7:29 am
Delay of a flight with non-EU origin and non-EU destination (SIN) on a non-EU carrier - why exactly would AY be responsible under EU rules? Their flight left on time...
I'd say you'd better turn to QF...
Flythe96flag
Sep 26, 11, 7:38 am
Was the whole itinerary booked with AY, or just the SIN-HEL bit? I think you should be able to get some compensation from either AY or QF I can't say I know how it works, but don't give up thats what they want ;) I'm also not sure about the EU regulations and if it only applies to flights arriving in Europe or not. But if you bought the whole ticket on AY, basically the final destination was HEL and you were just doing a stop in SIN.
jarinzfin
Sep 26, 11, 10:10 am
the whole ticket was booked with AY, and just to clarify both SYD-SIN and SIN-FRA were delayed and caused me to miss the original AY connection in SIN and then also the re-booked connection on AY in FRA.
intuition
Sep 26, 11, 10:53 am
EU-regulations regarding delayed flights will apply if
* you are leaving any airport within EU, regardless of airline
or
* you are flying into EU on an EU-based airline
In your shoes, I would just ask AY customer service what their rules are regarding such a delay.
What would you like Finnair to compensite? Hurted feelings?
Sometimes flights are just delayed.
intuition
Sep 26, 11, 6:21 pm
What would you like Finnair to compensite? Hurted feelings?
Sometimes flights are just delayed.
Well, OP is asking for some compensation from AY for not being able to fulfill their part of the bargain, I don't think it is that strange.
In this case the EU regulations will not apply, it will be either a question of what's in the contract or customer relations policy. And that might differ from market to market.
From AKL there is an excellent route via HKG on CX, wich is much less prone to delays. AY prefers to route via SIN to get traffic on the newly opened SIN-HEL route. It makes sense to offload the HKG-HEL route, but it also requires pax from AKL to go to SYD first. And that means 2 non-AY operated flights, instead of 1, and a higher risk of delays.
So that is why I suggest that OP contacs customer relations, to give AY feedback on that this route do have some drawbacks.
I also suggest travellers to try to book this route via HKG. It is much more tricky to get a good price in J this route, but I choose CX over QF any day.
mkgrip
Sep 28, 11, 4:51 am
Well, OP is asking for some compensation from AY for not being able to fulfill their part of the bargain, I don't think it is that strange.
Exactly which part did AY not fulfill? Even if QF was an EU carrier and Australia and Singapore were members of the EU, AY would still be responsible, (although OP could then apply compensation from QF, the EU regulations apply to the operating carrier, not the marketing carrier).
Had the SIN-HEL flight been seriously (3h+) delayed, OP could apply compensation from AY based on the EU legislation, though AY has been refusing to pay the required compensations for delayed flights, before the airlines get a new ruling on the matter.
Well... I guess technically the OP could try to sue AY for breach of contract if they sold him/her the ticket, but that would not have anything to do with the EU 261/2004 compensation. Other option is of course compensation based on goodwill and customer satisfaction, but again, the 261/2004 has nothing to do with it.
intuition
Sep 28, 11, 8:02 am
Exactly which part did AY not fulfill? Even if QF was an EU carrier and Australia and Singapore were members of the EU, AY would still be responsible, (although OP could then apply compensation from QF, the EU regulations apply to the operating carrier, not the marketing carrier).
I believe OP bought the complete ticket from AY, and therefore AY has the responsibilities stated by laws and practices at POS for the whole trip. AY cannot surrender from these responsibilities.
AY did make sure he was transported to his destination. If a 12 hour delay is to be considered as fulfilling the terms of the ticket, I really don't know. OP seems to think it's not, and the easy advice it to contact AY customer service in his country. I don't think there is anything strange with that.
...
Well... I guess technically the OP could try to sue AY for breach of contract if they sold him/her the ticket, but that would not have anything to do with the EU 261/2004 compensation. Other option is of course compensation based on goodwill and customer satisfaction, but again, the 261/2004 has nothing to do with it.
Yes, and that is exactly what I try to say. EU-legislation is not applicable here, as OPs problems started with an flight neither leaving EU or a flight on an EU-based airline entering EU. But if OP is not happy with the service, then he should by all means contact customer services. The fact of life that flights do get delayed should not hinder us in any way from telling airlines that we do dislike it.
A customer that do speak his mind with a customer service rep can sometimes make a positive difference, whilst a customer who vents his anger in a fora often cannot. :)