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LEVEL ignores duty of care during delay

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LEVEL ignores duty of care during delay

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Old Jul 22, 2018, 10:01 am
  #1  
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LEVEL ignores duty of care during delay

I had a funeral to attend back home in the UK and as it was the peak season prices for flights were very high. I thought I was lucky that LEVEL had introduced flights from London Gatwick to Vienna, as the prices were very good. What I discovered is that flying with an airline that was literally thrown together in weeks has its disadvantages.

I got to LGW yesterday quite early for VK4053 which was scheduled to depart at 18:20, leaving me plenty of time to catch a bus from VIE to home in Bratislava. Unfortunately, things started going pear shaped from that point on. The departure board initially showed an hour's delay, that slipped to 2 hours which was more of a problem. I went down to the agents' desk and asked if they'd be providing some vouchers or refreshments and I was told that they don't issue vouchers at Gatwick for anything less than 3 hours. I don't know if the agent thought I was stupid, but when I told him that the airline has a duty of care after a 2 hour delay, he just repeated that they can't issue vouchers. With that I went off to buy something to eat and drink as I was hungry. It wasn't until I'd left the counter at Pret a Manger that I realised that they hadn't given me a receipt, drat!

The delay crept to 3 hours at which point I returned to the agents' desk to ask what was the cause of delay, only to find that the agent had completely disappeared. Another member of staff said that she didn't know where he was or when someone would turn up. There was a line of people waiting for information and one of them was on the phone trying to get someone from the airline to say if they would refund any food purchases. Apparently they wouldn't give an answer.

We had conflicting information about the delay, with late aircraft arrival to VIE, then bad weather in the Vienna area delaying the departure to LGW for our flight being given as reasons. Boarding eventually started 3 hours late and then we had to sit on the aircraft for another 45 minutes before they could depart for some reason which I didn't catch. They did during this time serve a glass of 'complimentary' water to everyone, but when I said to the crew member serving me that the airline should be providing some food (by this time it was nearly a 4 hour delay), he just looked at me with a cheesed off look and sarcastically said that they would be starting off with water now. Needless to say, the 'buy on board' service commenced later, as usual.

We arrived at VIE at 1 am only to be dumped at a remote stand. With minutes to go before the last bus to Bratislava for 5 and a half hours I had absolutely no chance of making it through passport control in time, so spent the night at the airport. Deep joy, thanks LEVEL for the 'new airline for a new generation' experience.

I will be firing off a complaint about the fact that they are flouting EU regulations for delays but I don't expect to have much luck. I will definitely avoid this airline like the plague in future.
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Old Jul 22, 2018, 11:05 am
  #2  
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Don’t forget to complain to the operating air carrier and not LEVEL.
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Old Jul 22, 2018, 11:17 am
  #3  
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Originally Posted by richardwft
Don’t forget to complain to the operating air carrier and not LEVEL.
Do you mean Anicsec Luftfahrt?

I'm not actually sure whether it was LEVEL or not. All uniforms and products were labelled as LEVEL, and the confirmation states LEVEL too.
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Old Jul 22, 2018, 11:21 am
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Im sorry, but what did you expect from a low cost airline?
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Old Jul 22, 2018, 11:24 am
  #5  
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Originally Posted by criced
Im sorry, but what did you expect from a low cost airline?
Nothing more than they're legally required to provide.
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Old Jul 22, 2018, 12:06 pm
  #6  
 
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While the airline does have the duty of care, I'm not sure where you found that they have to provide you food after 2 hours of delay?
EC261/2004 article 9 specifies: (bolding mine)
Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
...
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Old Jul 22, 2018, 12:12 pm
  #7  
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Originally Posted by headingwest
Do you mean Anicsec Luftfahrt?

I'm not actually sure whether it was LEVEL or not. All uniforms and products were labelled as LEVEL, and the confirmation states LEVEL too.
EU reg 261:2004 says the operating air carrier has responsibility. Is LEVEL an air carrier or just a brand?
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Old Jul 22, 2018, 12:42 pm
  #8  
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Originally Posted by Ditto
While the airline does have the duty of care, I'm not sure where you found that they have to provide you food after 2 hours of delay?
EC261/2004 article 9 specifies: (bolding mine)
EC Regulation No 261/2004 states - after a delay of two or more hours, passengers are entitled to refreshments and meals in a reasonable relation to their waiting time.

Presumably meaning that if it's a 2 hour delay - a small snack, if it's 6 hours then a hot meal.

I think it's reasonable to expect more than a glass of water after a 4 hour delay. I've only had 2 previous delays while travelling in economy (with BA and OS) and the airlines provided a bottle of water and a small baguette. I'm sure they wouldn't have done it if they didn't have to!

Originally Posted by richardwft


EU reg 261:2004 says the operating air carrier has responsibility. Is LEVEL an air carrier or just a brand?

Good thought...now you've got me thinking. I suppose I'll have to complain to Anisec Luftfahrt.
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Old Jul 22, 2018, 1:15 pm
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Originally Posted by headingwest
EC Regulation No 261/2004 states - after a delay of two or more hours, passengers are entitled to refreshments and meals in a reasonable relation to their waiting time.

Presumably meaning that if it's a 2 hour delay - a small snack, if it's 6 hours then a hot meal.

I think it's reasonable to expect more than a glass of water after a 4 hour delay.
While I agree that it does sound reasonable to get more than a glass of water after a 4 hours delay, EC261 is vague about what should be provided, therefore the airline can interpret that as they wish, as it stands out even the Interpretative Guidelines that were published in 2016 didn't specify anything like "2hrs - snack, 6hrs - hot meal..."

Originally Posted by headingwest
I've only had 2 previous delays while travelling in economy (with BA and OS) and the airlines provided a bottle of water and a small baguette. I'm sure they wouldn't have done it if they didn't have to!
There's a big difference between how the major/legacy/big airlines treats their customers and how the small/low cost/nobody ever heard about airlines does, especially when it comes to IRROPS, it's not always just about what the airlines have to do.
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Old Jul 22, 2018, 1:33 pm
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Originally Posted by Ditto
While I agree that it does sound reasonable to get more than a glass of water after a 4 hours delay, EC261 is vague about what should be provided, therefore the airline can interpret that as they wish, as it stands out even the Interpretative Guidelines that were published in 2016 didn't specify anything like "2hrs - snack, 6hrs - hot meal..."
'2 hours and a snack, 6 hours and a hot meal' was only my assumption of how it works, but I think it's reasonable to assume that the regulation goes along those lines.

From Ryanair's website...


From British Airways' website...


Personally I don't think that their approach to these regulations regarding food vouchers should differ dramatically. And I'm glad that we can agree on the fact that a glass of water during a 4 hour delay is unsatisfactory.
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Old Jul 22, 2018, 1:58 pm
  #11  
 
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Originally Posted by headingwest
'2 hours and a snack, 6 hours and a hot meal' was only my assumption of how it works, but I think it's reasonable to assume that the regulation goes along those lines.

From Ryanair's website...
...

From British Airways' website...
...

Personally I don't think that their approach to these regulations regarding food vouchers should differ dramatically. And I'm glad that we can agree on the fact that a glass of water during a 4 hour delay is unsatisfactory.
I'm not entirely sure why you chose to add screenshots from FR/BA website where they quote EC261? Level website also have a similar text, as probably every other EU airline.
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Old Jul 22, 2018, 2:07 pm
  #12  
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Originally Posted by Ditto
I'm not entirely sure why you chose to add screenshots from FR/BA website where they quote EC261? Level website also have a similar text, as probably every other EU airline.
My point is that they all are obliged to offer something after 2 hours. The agent at Gatwick told me that they don't give out vouchers until a 3 hour delay, but the regulations clearly state that they should provide something. Obviously we have a difference of opinion to exactly what that should be.

It seems to me that the problem in this case was that nobody seemed to know what to do. Probably because, as a new airline, nothing has yet been put in place for when such events happen.
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Old Jul 23, 2018, 12:28 am
  #13  
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But what you fail to realise is that, if Level handed out vouchers at exactly 3 hours, the majority of passengers would then have insisted in going off to use them, and that would in itself have further delayed your flight.

In your case, it seems that the flight was definitely going to operate; therefore, making a gesture like that - effectively telling people "here, go and have a meal on us", could really only be expected if there was a much longer delay rather than a case where the incoming plane was expected imminently.

Perhaps they should do, but I don't know of any airline that could rustle up 200 "lunches" to be provided to stranded pax at the boarding area at short notice. And in such cases, there would be inevitable grumbles about the selection.

Expecting an airline to open up the on-board catering and give it for free in such an instance is also unrealistic. (Unless you happen to be on the same flight as Michael O'Leary after a win at Aintree and he announces that there is one free item from the bar for everyone on board!) There isn't enough stock on board to feed everyone - when you have to pay, the majority will not buy anything. So in no case would they be able to serve something to everybody.

If you had obtained a receipt from Pret a Manger, you would probably have been able to get it reimbursed. Or maybe not.
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Old Jul 23, 2018, 1:20 am
  #14  
 
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Interesting that there is an expectation of being fed by an airline that does not provide free food onboard... Maybe its is required,,,, but it seems passing strange....
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Old Jul 23, 2018, 2:41 am
  #15  
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Amazing level (sorry for the pun) of defense for this airline here! IAG must have some real supporters, which is good is suppose. But the whole experience doesn't feel good from what I've read here. I knew there would be a sting in the tail for tickets that were sold for 1 cent or 1 penny!
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