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Old Feb 6, 2016, 8:58 pm
  #1  
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EU delay compensation

Hi all,

We arrived at the airport earlier for our flight back to the UK to find that the flight has been delayed overnight 18 hours. Ground staff were in the process of sorting overnight accomodation. We asked to be rerouted as getting home 18 hours late wasnt an option for us due to work commitments. There were seats to an alternative UK airport on a different airline and were advised to book the flights ourself and claim the cost back.

So now we are half way home having booked flight to LGW, coach to LHR, and flights to our onward destination in the UK which will get us home approx 9 hours late rather 18 hours.

The reason for the delay is that the aircraft had a technical issue as far as we are aware - although we were just told "operational reasons" by the ground staff.

Can people clarify the conpensation for me? As its a medium haul flight we are entitled to 400euros. But if we reroute ourselves like this, is that in addition to the cost of the tickets we have bought to get ourselves home?

Many thanks.
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Old Feb 6, 2016, 10:04 pm
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If your use of "medium haul" translates to Type 2 under EC 261/2004 (1,500-3,500 km or within the EU at 1,500+ km), the compensation is indeed EUR 400 per ticket. In addition, you are entitled to a full refund of the value of the unused tickets.

There is no requirement that BA reroute you onto other carriers or to other destinations and BA will likely decline to provide compensation above 400 + original ticket value.

You may also be due some smallish sum by way of "duty of care" for a meal if the alternative arrangements did not provide one. Submit reasonable receipts if BA did not provide a voucher for use at the airport.
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Old Feb 6, 2016, 11:08 pm
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The 2016 guide to the regulations may be useful to you, if you haven't read up already.

http://www.flyertalk.com/forum/briti...61-2004-a.html
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Old Feb 6, 2016, 11:25 pm
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This thread was originally posted in the BA forum, however, it appears that the thread is not about a BA flight or BAEC based on the original title having "OT" in the title, so it has been moved to the UK forum where it is more appropriate avenue for discussion on on-BA/BAEC-related topics.

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Old Feb 7, 2016, 3:31 am
  #5  
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OP can you pleas state the route and airline involved as without that it is impossible to give you accurate advice.

It makes a big difference if it was an EU based airline (or not)as to whether EU 261 applies.
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Old Feb 7, 2016, 9:44 am
  #6  
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Also, in that instance, whether the departure was from an EU station. For ease of reference, would simply be easier to supply all relevant information, e.g. carrier, original routing, new ticket carrier and new routing. Pricing for the two would also be helpful as that may obviate much of this as a practical matter.
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Old Feb 8, 2016, 5:42 am
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The route was LPA-MAN on Thomson. Tickets were around £150 return. We arrived at check in for 1925 departure to be told the flight was delayed until 1315 the following day due to "operational reasons" and we would be put in a hotel for the night.

That was no good for us as we had work commitments so we asked to be rerouted and were told to book the tickets ourselves and write in for compensation. The only airline we could find a seat on that would get us home in time was Norwegian LPA-LGW at 2100 arriving 0100 (£178), then BA LHR-MAN at 0645 (£57) where we had to collect our car and then go straight to work.
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Old Feb 10, 2016, 2:29 pm
  #8  
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If you were offered rerouting and chose to decline this and book something else, that additional booking is at your expense.

Compensation at the applicable flat-rate remains payable if applicable.
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Old Feb 10, 2016, 5:33 pm
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We weren't offered rerouting. I asked to be rerouted and was told to book the flights myself and submit a claim to Thomson. Hence I wanted to know if that means submitting a claim for 400 euros, or 400 euros plus what it cost us to get home.
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Old Feb 14, 2016, 3:05 pm
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The compensation is just that, compensation for the inconvenience. Damages for the flight you had to book instead is completely separate.
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Old Feb 14, 2016, 7:43 pm
  #11  
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Originally Posted by saintby
We weren't offered rerouting. I asked to be rerouted and was told to book the flights myself and submit a claim to Thomson. Hence I wanted to know if that means submitting a claim for 400 euros, or 400 euros plus what it cost us to get home.
i think you've muddied the water a little by taking on the rerouting yourselves. it looks as though you did this with the clear(ish) agreement that the airline would pay back your expenses. So I'd expect them to honour that commitment, which should also include ancillary costs: though it would be reassuring if you had the commitment in writing.

I rather think this will be seen as a mutually satisfactory resolution initiated by the passenger, and removed from the scope of the Regulation. But that's just my musing ....


Have you spoken to your travel insurer? It could be they will take on the liability.
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Old Feb 15, 2016, 2:02 am
  #12  
 
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As far as I know (based on having done a "self-rerouting" myself a couple of years ago) your entitlement is

- EU261 compensation
- a refund of the flight you didn't take

Anything over and above that would be a goodwill gesture by Thomson.
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Old Feb 16, 2016, 3:22 pm
  #13  
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Originally Posted by Aviatrix
As far as I know (based on having done a "self-rerouting" myself a couple of years ago) your entitlement is

- EU261 compensation
- a refund of the flight you didn't take

Anything over and above that would be a goodwill gesture by Thomson.
And that seems fair enough: you can't have cake and eat it: as it were.

Otherwise, hard-nosed Thomson would keep the OP waiting for its alternative and stump up EU compo: no point in shelling out for expensive last-minute flights to suit the passenger AND face additional compensation payments.
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Old Mar 6, 2017, 12:36 am
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I'm not so sure if you're actually eligible for the 400€ compensation when you don't actually take the flight.

Full refund of the unused flight, yes. But 400€ compensation? As much as I'm aware, only due if you actually fly the delayed flight (or an alternate as provided by the airline)

ie, either a refund or the EU compensation.

Otherwise, I'd book plenty of fully refundable flights on "often delayed destinations", either refund (if they're on time) or wait for the delay to happen, then refund once it was delayed enough for compensation to claim..
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Old Mar 7, 2017, 5:19 am
  #15  
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I agree with others who are wondering why you want compensation plus the cost of the self-rebooked flight. I would have thought the compensation is meant to cover the additional costs of a last minute ticket - which in your case it does.

You also get the unused flight refunded.

If you took the delayed flight then you wouldn't get it refunded, but then you would get the compensation without needing to pay for additional flights, so it all works out.


Originally Posted by YuropFlyer
Otherwise, I'd book plenty of fully refundable flights on "often delayed destinations", either refund (if they're on time) or wait for the delay to happen, then refund once it was delayed enough for compensation to claim..
There are people who do this.
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