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-   -   Compensation for delayed flight? (https://www.flyertalk.com/forum/cathay-pacific-cathay/1854840-compensation-delayed-flight.html)

so3003 Jul 18, 2017 1:27 pm

Compensation for delayed flight?
 
I flew (with mrs-so3003) with CX from HKG-PEK last week, on a flight that arrived 5 1/2 hours late (CX 332 on 15th July, scheduled 1200-1525, actual 1715-2058). Is there any equivalent to EU261 compensation that we can claim for this significant delay?

Our "losses" due to the delay are difficult to define financially, but essentially we checked out of a club suite in HK hotel early in the morning to get to airport in sufficient time, without having been warned in advance of the substantial delay. We then arrived in our Beijing hotel far too late to enjoy any of the club lounge benefits we had paid for. Had I been warned in advance about the substantial delay I could have amended my hotel bookings to avoid booking a club room I couldn't ultimately use, and not have set my alarm so early in the morning of travel!

My internet searches have been unhelpful so far, but any suggestions here would be greatly appreciated :)

fishball Jul 18, 2017 2:11 pm


Originally Posted by so3003 (Post 28576277)
I flew (with mrs-so3003) with CX from HKG-PEK last week, on a flight that arrived 5 1/2 hours late (CX 332 on 15th July, scheduled 1200-1525, actual 1715-2058). Is there any equivalent to EU261 compensation that we can claim for this significant delay?

Our "losses" due to the delay are difficult to define financially, but essentially we checked out of a club suite in HK hotel early in the morning to get to airport in sufficient time, without having been warned in advance of the substantial delay. We then arrived in our Beijing hotel far too late to enjoy any of the club lounge benefits we had paid for. Had I been warned in advance about the substantial delay I could have amended my hotel bookings to avoid booking a club room I couldn't ultimately use, and not have set my alarm so early in the morning of travel!

My internet searches have been unhelpful so far, but any suggestions here would be greatly appreciated :)

Last year I got USD100 for a PEK flight delayed for 2 hours due to 'late arrival of aircraft' after sending them a (strongly worded) email. Similarly I couldn't really quantify what losses have I suffered apart from landing after midnight instead of the scheduled 10pm. They replied two days later and the money was in my account within the week.

So I would suggest you first send them an email (or via contact form) explaining your situation and consequential losses. From the sound of it your case seems to be much more justified than mine.

Re legislation:- no equivalent. Any money you get is up to CX's goodwill.

garykung Jul 18, 2017 4:32 pm


Originally Posted by so3003 (Post 28576277)
I flew (with mrs-so3003) with CX from HKG-PEK last week, on a flight that arrived 5 1/2 hours late (CX 332 on 15th July, scheduled 1200-1525, actual 1715-2058).

Typical ATC delays due to PLA activities.


Originally Posted by so3003 (Post 28576277)
Is there any equivalent to EU261 compensation that we can claim for this significant delay?

No. Even so, you won't qualify anyway.

nolounge Jul 18, 2017 6:02 pm


Originally Posted by so3003 (Post 28576277)
I flew (with mrs-so3003) with CX from HKG-PEK last week, on a flight that arrived 5 1/2 hours late (CX 332 on 15th July, scheduled 1200-1525, actual 1715-2058). Is there any equivalent to EU261 compensation that we can claim for this significant delay?

5.5 hr is hardly significant by China's standard. CX owe you nil, unless you can prove it was an aircraft's mechanical problem that caused the delay.

Nicc HK Jul 18, 2017 7:04 pm


Originally Posted by nolounge (Post 28577276)
5.5 hr is hardly significant by China's standard. CX owe you nil, unless you can prove it was an aircraft's mechanical problem that caused the delay.

Exactly...here we go again (plus comp culture).

The PLA Air Force control ATC and traffic flow across China, and getting slots out of HK is a roulette game, especially in Summer which is peak season for military exercises, particularly by the Nanjing Military Region, the largest and the one which sits right between HK and the North of China.

Delays to China from HK are rarely the fault of the airlines, they do their best to minimise them.

If not caused by CX, suggest you request compensation from:

Head of PLA Air Force General Ma Xiao-Tian
C/O Ministry of Defence
34 Fuchengmenwai Street, Xicheng District, Beijing

watery Jul 18, 2017 9:49 pm


Originally Posted by Nicc HK (Post 28577430)
Exactly...here we go again (plus comp culture).

The PLA Air Force control ATC and traffic flow across China, and getting slots out of HK is a roulette game, especially in Summer which is peak season for military exercises, particularly by the Nanjing Military Region, the largest and the one which sits right between HK and the North of China.

Delays to China from HK are rarely the fault of the airlines, they do their best to minimise them.

If not caused by CX, suggest you request compensation from:

Head of PLA Air Force General Ma Xiao-Tian
C/O Ministry of Defence
34 Fuchengmenwai Street, Xicheng District, Beijing

Per FR24, the aircraft used for OP's flight (B-LAL) had arrived in HKG by 11am, if not being swapped in, so unlikely a mechanical issue. Depending on statuses other flights to PRC (which I can't check efficiently), very likely typical ATC, the constant risk flying into mainland China.

If anyone would ever dare to ask for compensation through that, best is being ignored but there's an unfortunate chance the source of the issue (a.k.a. the complainer) might be eliminated.

QRC3288 Jul 19, 2017 6:56 am

Lesson learned. Sounds like the OP doesn't have a lot of experience flying to China. Can't blame folks if they aren't familiar....you live you learn.

Let me think about my last big China delay...oh wait it was my last flight from PVG just last month, which was 6 hours delayed, kinda (fortunately i didn't experience most of it. Because although I was on the 6pm something flight originally, I swapped into the 1pm flight which was still on the ground at 4pm when I arrived at PVG. We ultimately took off on the "1pm" flight finally at 7:30pm, and most passengers on board were still the original delayed folks. My original 6pm flight was subsequently delayed hours later). This is par for the course in the absolute mess which is mainland Chinese ATC!

If I has $100 for every hour delay I got due to Chinese ATC, I wouldn't be working anymore. Cathay deserves a lot of blame for....other weaknesses. But this ain't one of them.

percysmith Jul 20, 2017 12:08 am


Originally Posted by watery (Post 28577858)
If anyone would ever dare to ask for compensation through that, best is being ignored but there's an unfortunate chance the source of the issue (a.k.a. the complainer) might be eliminated.

Well I was about to suggest OP may be charged for attempting to obstruct state military operations...but yeah elimination's easier. And possible.

kaka Jul 20, 2017 1:44 am


Originally Posted by percysmith (Post 28582674)
Well I was about to suggest OP may be charged for attempting to obstruct state military operations...but yeah elimination's easier. And possible.

you may find it ridiculous, but in china....
its legal to eliminate the cause of the problem.

anyways CX has 0 obligation to compensate anyone for cancellation or delays due to any reasons - bar local laws in EU, Israel and US.

percysmith Jul 20, 2017 2:10 am


Originally Posted by kaka (Post 28582839)
you may find it ridiculous, but in china....
its legal to eliminate the cause of the problem.

anyways CX has 0 obligation to compensate anyone for cancellation or delays due to any reasons - bar local laws in EU, Israel and US.

Even if EC261 applied in a liberal application of Folkerts, delay caused by military operations of a sovereign power is definitely outside of an airline's control.

G-CIVC Jul 20, 2017 3:30 am

I thought very prominent signs have been set up for quite a while already at all HKG CX lounges, something to the meaning of 'ATC is none of our business/not within our control so please keep your mouths shut thanks very much'

At the Wing it is right there in front of the staircase.

kaka Jul 20, 2017 4:54 am


Originally Posted by G-CIVC (Post 28583025)
I thought very prominent signs have been set up for quite a while already at all HKG CX lounges, something to the meaning of 'ATC is none of our business/not within our control so please keep your mouths shut thanks very much'

At the Wing it is right there in front of the staircase.

i think i saw it at the checkin area too

percysmith Jul 20, 2017 5:34 am


Originally Posted by G-CIVC (Post 28583025)
I thought very prominent signs have been set up for quite a while already at all HKG CX lounges, something to the meaning of 'ATC is none of our business/not within our control so please keep your mouths shut thanks very much'

At the Wing it is right there in front of the staircase.

They could be more forthcoming in pointing where the blame should lay

3C managed it
Code:

https://www.facebook.com/SpringAirlinesHK/posts/688764404482817


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