Delay Compensation
 

Hi, does anyone know the rules for claiming compensation?

If the second leg of my flight gets cancelled/delayed, but only the original departure airport is in the EU (and the flight from that airport was not delayed), am I still covered by the EU compensation rules?

If the second part isn't in the EU then, no, EU rules don't apply.

But if for example the first leg would have been delayed, then I know the courts have said you look at the flight as a whole, not at each leg individually (I think the reasoning was so as not to discriminate between people flying direct and people flying with a stopover).
So why should my case be different?

It would be much easier to comment sensibly if you gave us the specific circumstance you are inquiring about. Where are you flying from and to?

Ok:

My ticket was a return flight from TLV to STN via SAW, completely with Pegasus. I flew in to STN about a month ago, due to return today, but then received an email three days ago that they were moving me to a different flight for the SAW to TLV leg of my return journey. That flight was 5.5 hours later then my original - making it a 7 hour stopover.

That was not acceptable to me, especially since I'm flying with my 2-year-old daughter.

On the phone they told me they would refund me for the return leg of my trip, but nothing more. I've now booked myself with BA, but it's costing me a lot more then I'm going to get back from Pegasus!

By the way, this cancellation has nothing to do with the security situation in TLV, Pegasus have simply decided to reduce their flights to TLV!

Hello Yamor

EU261 compensation does not apply here, I'm sorry to say. Whilst I understand your frustration and do follow your argument, you won't find support with that legislation. This is because the affected flight is completely outside the EU (it does not matter in this case that the carrier isn't an EU-registered carrier.)

There is an excellent thread here for further reference (BA-specific but applies equally to all EU airlines).

http://www.flyertalk.com/forum/briti...61-2004-a.html

See in particular post #1 point #16, and post #6 question #3.

Thanks for that. Just to clarify - that is the case even though it was part of a longer journey originating in London?

Yes, unfortunately that is the case. You could try to claim, but I do not believe these have been successful to date. You say that you've rebooked with BA, but did you try to have Pegasus completely change your flights to suit you?

Citation(s)? :D

Yup. All they offered was a refund or a rebooking on any other date, but since this flight has been cancelled there is no possible flight from London to TLV with Pegasus with a reasonable connection time.
Do you know why this is different to the Folkerts case where it was decided that all that has to be taken into account is arrival time at final destination? So here I'd have been delayed by more then 3 hours even when considering my STN flight.

TVM.

Try these guys:

http://www.euclaim.co.uk/

I can't help you with the details, and I'm not fully up-to-speed with the most recent decisions, but the fact that the flight in question was wholly outside the EU, and on a non-EU carrier makes for an uphill battle, even if in your mind you were flying STN-TLV.

Delay Compensation
 

Might be something helpful here:

http://theluxurytravelexpert.com/2014/08/22/travel-tip-know-your-rights-when-your-flight-is-delayed-cancelled-or-overbooked/

Edit - just noticed your route. Prob not helpful above but leaving up for those travelling EU or US in future.

Since PC is not a community carrier and neither Israel nor Turkey are EU members, EC 261/2004 does not apply given that the cancelled segments between those two countries. Moreover, because the second segment is to the EU, not from the EU, EC 261/2004 does not apply.

OP is at the mercy of whatever Israel provides by law or PC provides by contract or as customer service gesture.

No need to over-lawyer this stuff. The EU simply lacks jurisdiction