Compensation due to delayed flight (missed connection)
Jul 8, 2019, 6:05 am
#1
Original Poster
Join Date: Nov 2015
Programs: A3*G
Posts: 128
Compensation due to delayed flight (missed connection)
On a recent A3 flight to ATH the incoming aircraft had been delayed causing further delay. Therefore I missed my connecting OA flight and had to stay overnight. A3 reserved a hotel room and will pay for the transfer from the airport to the hotel and back. So good so far.
They refuse to pay the 400 € for the delay (about 11 hours, more than 1500 km), though. They said that the delay was caused by 'air traffic control restrictions'.
Now, I understand that most airlines will tell customers whatever in order to keep them from asking EC 261/2004 compensation.
Is there any way to check this? If it was true, is that explanation sufficient to deny compensation? Couldn't they have foreseen high traffic during the summer?
Thank you for your input!
They refuse to pay the 400 € for the delay (about 11 hours, more than 1500 km), though. They said that the delay was caused by 'air traffic control restrictions'.
Now, I understand that most airlines will tell customers whatever in order to keep them from asking EC 261/2004 compensation.
Is there any way to check this? If it was true, is that explanation sufficient to deny compensation? Couldn't they have foreseen high traffic during the summer?
Thank you for your input!
Jul 8, 2019, 6:17 am
#2
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
What makes you say that "most airlines will tell customers whatever?"
What makes you suggest that the ATC restrictions were due to the volume of air traffic?
If you pursue this, it will be for A3 to prove that it did not make a false statement, e.g. commit a fraud, when it made its statement.
As to whether ATC restrictions are forseeable, you have a long and hard road to have them held as not being "extraordinary circumstances."
What makes you suggest that the ATC restrictions were due to the volume of air traffic?
If you pursue this, it will be for A3 to prove that it did not make a false statement, e.g. commit a fraud, when it made its statement.
As to whether ATC restrictions are forseeable, you have a long and hard road to have them held as not being "extraordinary circumstances."
Jul 8, 2019, 6:58 am
#3
Join Date: Mar 2009
Location: LAF, VIE
Programs: A3 *G; AA EXP
Posts: 509
The key question is: was your flight affected by an ATC delay? Or was it the incoming flight? Skyrefund states that if the ATC delay only affected your inbound flight,you may be eligible for compensation ...
Jul 8, 2019, 8:30 am
#4
Join Date: Jun 2016
Location: OTP/KRK
Programs: M&M FTL, Miles+Bonus Gold
Posts: 664
because thats exactly what they do. I had many experiences and all the time the first reply from airlines was ”the flight was delayed due to ATC, due to weather, due to whatever” just not to pay the compensations. 
Jul 8, 2019, 5:21 pm
#5
Join Date: Jul 2005
Location: 39000ft
Posts: 956
You should submit a complaint with the relevant authority, in this case it’s the Hellenic civil aviation authority (HCAA) copy them your correspondence with the airline and he denial to your request. They will investigate what happened and get back to you. If A3 lies, they face a penalty (which is higher than your 400 euro), so most likely they will get back to you to pay the compensation. If not, the HCAA will reply that nothing was found.
