Delay compensation

Old Aug 23, 2012, 12:07 pm
  #1  
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Delay compensation

Am I right that a delay of more that three hours means 600 euros compensation under EU air passenger rights? The flight was DUS-YVR on August 22. Is there a place where I can look up an "official" record of actual exact departure and arrival times and a reason for delay? Would AB actually pay 600 euros compensation?
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Old Aug 23, 2012, 12:26 pm
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Originally Posted by echino
Am I right that a delay of more that three hours means 600 euros compensation under EU air passenger rights? The flight was DUS-YVR on August 22. Is there a place where I can look up an "official" record of actual exact departure and arrival times and a reason for delay? Would AB actually pay 600 euros compensation?
It does so long as the delay was not due to 'extraordinary circumstances' something which airlines seem to decide applies in every case....

A reasonably reliable record of the timings appears here: http://www.flightstats.co.uk/FlightS...08-22&x=26&y=5

but not the actual reason. For the official reason you will need to contact AB and see what they state. Only then can you decide whether it is worthwhile taking the matter further.

Would they pay? Not after writing a few letters, possibly after a small claims legal case is lodged (or whatever the equivalent is in your home country).
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Old Aug 23, 2012, 12:38 pm
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I just called AB and they said the reason for the delay was mechanical, so looks line NOT extraordinary? I am in YVR. What is the best way to request compensation? Via AB website form? By paper letter to AB using EU form?
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Old Aug 23, 2012, 12:46 pm
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I haven't heard that any airline would have paid that compensation without court case because of mechanical failure...
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Old Aug 23, 2012, 12:46 pm
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Originally Posted by echino
I just called AB and they said the reason for the delay was mechanical, so looks line NOT extraordinary? I am in YVR. What is the best way to request compensation? Via AB website form? By paper letter to AB using EU form?
I would always use letter so that you have a written record, web forms are impossible to re-create once sent.

You may want AB to let you have that reason for the delay in writing!
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Old Aug 24, 2012, 1:46 pm
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I sent a claim via AB website form, as a first step. If they do not reply within a week, or refuse to pay, I will send a paper letter to AB by mail. If that doesn't help, I will send a complaint to the national enforcement body in Germany. Finally, if AB still doesn't pay, I will sue in the EU court via a lawyer for a portion of proceeds - it is not difficult to do.

I am reading in the news that the delay compensation issue under Regulation 261 is now before the European court again, and that the decision is expected in September. Any ideas where can I follow this case? Any online page where the case and decision would be published?
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Old Aug 29, 2012, 1:36 pm
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Six days after I sent the claim via AB website form, I only got an acknowledgement of receipt today:

Thank you for your e-mail. We acknowledge receipt and have registered your correspondence in airberlins Quality Management System with the above reference number. ... Your file reference number guarantees that your file is being processed and that you will receive an unsolicited reply.
Strange wording. Anyway, I am sending the claim to AB on paper by mail as a second step. Will see what happens.
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Old Aug 31, 2012, 8:17 pm
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Originally Posted by echino
Six days after I sent the claim via AB website form, I only got an acknowledgement of receipt today:



Strange wording. Anyway, I am sending the claim to AB on paper by mail as a second step. Will see what happens.
Please post the results.
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Old Sep 9, 2012, 12:54 pm
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Any update , please
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Old Sep 10, 2012, 10:17 am
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Good luck getting anything out of AirBerlin!

Before we were smart enough to get an AMEX Platinum card (which would have been great for this particular situation), AB didn't manage to get our luggage loaded on one of our flights (MIA-DUS). Ten days later, many eMails and telphone calls later -- our luggage was finally delivered. The ongoing fight with AB brought us the enormous sum of 50 (25 per person) in vouchers

After boarding our flight in MIA we saw lots of freight being loaded into the hold -- obviously they make lots more money transporting freight than being sure the luggage of their pax is onloaded. But, how to prove that that was the cause of our luggage not being onboard with us??

Unfortunately, we still need to fly with AB often - nonstop flights from Germany to Tenerife are generally only available with AB, DE and X3. Oh, of course there is also Ryanair
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Old Sep 12, 2012, 1:12 am
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Delay compensation

Send a Letter with a Date as of when you expect Compensation, then go Directly to your lawyer!
Unfortunately, nothing else works with Air Berlin!
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Old Sep 26, 2012, 8:46 pm
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OP, any updates? My grandparents had a significant delay on a flight, and I just sent a claim email. Curious how AB is handling these. Thanks.
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Old Sep 27, 2012, 11:16 am
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Originally Posted by amejr999
OP, any updates? My grandparents had a significant delay on a flight, and I just sent a claim email. Curious how AB is handling these. Thanks.
They sent the acknowledgement of receipt by email a month ago, saying: "Your file reference number guarantees that your file is being processed and that you will receive an unsolicited reply". However, no reply as of today. I also mailed a paper letter requesting compensation with this form attached, on September 11th - no response yet.

I'll wait another week, and then send a complaint to the National Enforcement Body (Luftfahrt Bundesamt).
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Old Sep 27, 2012, 4:24 pm
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Originally Posted by echino
They sent the acknowledgement of receipt by email a month ago, saying: "Your file reference number guarantees that your file is being processed and that you will receive an unsolicited reply". However, no reply as of today. I also mailed a paper letter requesting compensation with this form attached, on September 11th - no response yet.
Where did you send it? I used their website and got a different autoreply immediately.
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Old Sep 28, 2012, 10:06 am
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Originally Posted by echino
I just called AB and they said the reason for the delay was mechanical, so looks line NOT extraordinary? I am in YVR. What is the best way to request compensation? Via AB website form? By paper letter to AB using EU form?
I'm guessing that AB will definitely claim that the mechanical issue that caused the delay was an "extraordinary" and therefor pay nothing.
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