France - Strikes in France - and compensation...
tmac100
Apr 2, 12, 12:15 pm
I have heard from a friend that flights out of TLS to Turkey with Turkish Airlines have been cancelled since yesterday because of strikes. AND that there is no compensation available for passengers with these THY flights cancelled and delayed by several days.
Anyone know anything about the strikes and lack of compensation?
menton1
Apr 2, 12, 4:11 pm
Generally compensation is up to the Airlines' discretion unless it is for mechanical problems. Weather difficulties also rarely result in compensation to the passengers.
Mountain Trader
Apr 3, 12, 1:07 am
First, should we assume the flight was to France since this is posted in the France board?
The European Union has rules that are surprisingly tough on airlines and others when they fail to deliver contracted services. These rules even got some passengers reimburement for hotel costs at the time of the volcano a couple of years ago, even though volcanic ash is obviously an act of God.
I'd suggest your friend figure out if this flight was in the EU, ask the airline for a written copy of what, if anything, they are offering, tell the airline that he would like all compensation due him under EU rules, then follow-up with whoever oversees these rules for the EU. Take good notes, and get names.
First, should we assume the flight was to France since this is posted in the France board?
I believe the OP mentioned an itinerary from TLS to Turkey.
The European Union has rules that are surprisingly tough on airlines and others when they fail to deliver contracted services. These rules even got some passengers reimburement for hotel costs at the time of the volcano a couple of years ago, even though volcanic ash is obviously an act of God.
With respect to EU regulations, reimbursement for hotel costs should have been given to all passengers under "the right to care" clause. On the other hand, in EU parlance, compensation refers to a fixed amount given out to passengers depending on the length of the flight and of the delay. This compensation is what is ruled out in case of force majeure.
I'd suggest your friend figure out if this flight was in the EU, ask the airline for a written copy of what, if anything, they are offering, tell the airline that he would like all compensation due him under EU rules, then follow-up with whoever oversees these rules for the EU. Take good notes, and get names.
As the flight was departing from TLS, if it is a regularly scheduled flight, as opposed to charter flights, your friend should be entitled to the reimbursement of costs under the "right to care" clause. This includes whatever number of hotel nights and meals are needed until THY brings him to his final destination. Note that this "right to care" clause applies to the operating carrier, not the marketing carrier. In addition, it does not in any way involve any notion of fault or liability.
Mountain Trader
Apr 3, 12, 9:02 am
With respect to EU regulations, reimbursement for hotel costs should have been given to all passengers under "the right to care" clause. On the other hand, in EU parlance, compensation refers to a fixed amount given out to passengers depending on the length of the flight and of the delay. This compensation is what is ruled out in case of force majeure.
I'm glad someone with real knowledge on the EU rules jumped in. It still has me shaking my head that airlines had to pay for hotel rooms for delays completely out of their control.
tmac100
Apr 3, 12, 6:32 pm
Thanks for this. My friend booked with Expedia who on Sunday (my friend's original date of departure from TLS to IST with Turkish Airlines) notified her of the delay of departure to Monday. Then on Monday, Turkish delayed her departure to Wednesday. The airline wasn't willing to help with getting a hotel etc, so I told my friend to keep all receipts and she has... now she read the responses on FT and poses the following to me (she is not registered on FT and perhaps should so she can directly get engaged in this thread..):
"I wonder about this bit "Note that this "right to care" clause applies to the operating carrier, not the marketing carrier. In addition, it does not in any way involve any notion of fault or liability. Which is Turkish Airlines here please?"
Assistance with her concerns SVP? Thanks from her and myself :)