Tenerife forum

[DaveR]

The following account is true - you could not make it up.

Our families were flying home to Newcastle last night at 23.55. I checked the Aena website yesterday to find it had changed to 1.25am today. I then called the confirmation number to check and they told me 23.55 which I questioned and they were adament.

We arrived with them at the airport last night at 9pm to find that it was in fact going at 1.25am. Our family rang us later to say that it had been then delayed until 2.30am. We stayed up at home and I kept checking the Aena website to find that they actually left at 2.45am.

I rang the airport confirmation number this morning to give them a piece of my mind about giving out incorrect information. During the course of the conversation I discovered that as of now they are all still on the island and delayed until tonight. They could not tell me where they were but using my detective skills I found out they are at the Paradise Park in Los Cristianos.

We have just been to see them all and are angry at how they have all been treated.

They were given nothing to eat and found that everything in the airport closed at 3am. They eventually boarded the plane at 4.45am and sat an hour on the tarmac. Then they were told they were going to Gatwick and not Newcastle. 3 Passengers refused to go so had to be offloaded and their luggage found. After all this the crew declared themselves out of hours and cancelled the flight.

They eventually got into an hotel around 7.30 this morning.

Obviously they had the need to ask for updates during the night - whenever anyone asked they were replied to very nastily by the airport
staff and given no information whatsoever.

Up until now they are being collectd at 4pm and flying at 8pm. The Aena website however says they fly at 17.30!!

Does anyone know if they claim compensation via the airline, travel agent or the insurance company?

[rob]

I believe that under EU law, more than a 24 hr delay and they are entitled to compensation.

A friend of mine due to fly at 1300 to Germany earlier this year had a delay because there was a fault on the plane and a fresh one had to be sent out and was soon bussed to the Aquamarina hotel on Golf del Sur, given a room, free phone calls and told to eat and drink whatever she wanted and to put it 'on the tab' untill the bus picked them up at 2200 for the midnight flight. Needless to say a good time was had by all.
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[DaveR]

If they leave at 8pm as currently planned then the total delay will be 20 hours so i guess they will be onto a big fat zilch.

[rob]

I've been trying to do a little research for you......

The new rules will be phased in and will be fully applied by 2005.

(a) after a delay of 2 hours on a flight up to 1,500 kms; 3 hours on a flight of 1,500 - 3,500 kms; 4 hours on flights longer than 3,500 kms - passengers will be entitled to free food, drink, phonecalls and emails

(b) after a delay of 5 hours passengers will receive a full refund if they decide not to use the flight

(c) if a flight is delayed overnight passengers are entitled to free hotel accommodation

2. Cancelled flights

(a) If a flight is cancelled passengers will be entitled to a full refund

(b) Except in extraordinary circumstances airlines must inform passengers of cancellations more than 2 weeks before departure. Compensation for failing to do so is paid on top of the refund which is as follows:

(All compensation quoted in Euros - see below £ sterling equivalent)

For cancelled flights and/or denied boarding:

Shorthaul under 930 miles ... ...............£172.00
Mid-range under 2,175 miles .............. £275.00
Long-haul over 2,175 miles ................. £412.00

It would appear that unlike the rules concerning delays, airlines will be able to avoid paying compensation for cancellations if they are due to exceptional circumstances which could not be avoided by them taking reasonable action - this could include bad weather and strikes by Air Traffic Control, Political instability or Terrorists threats. However it does NOT include technical problems on aircraft -

FIVE STEPS TO CLAIMING COMPENSATION for overbooking or flight delays

1.Prior to travel, obtain Air Passenger Rights Leaflet available on www.europa.eu.int/comm/transport/air/rights/index-en.htm.

2.Request that the airline representative give you written details of your rights explaining how to obtain compensation. The regulations require that the airline give this information to all passengers.

3.Set out your claim in writing.

4.If your claim for compensation is rejected then contact the Air Transport Users Council in writing or by telephone at:

45-59 Kingsway, London, WC2B 6TE Telephone No. 0207 240 6061

5.The Air Transport Users Council will be able to assist you on your behalf in order to try to negotiate an agreement between yourself and the airline. If there is no agreement reached and the airline refuses to pay you compensation then the matter will be placed in the hands of the Civil Aviation Authority who have the power to prosecute an airline. It can impose a penalty of £5,000 per case for failure to comply with the legislation.

6.The airline also has to reimburse you your air fare within 7-days if you have chosen not to fly because of the cancellation or the delay. You can have vouchers rather than money but only if you agree to this.

These new rules cover all charter flights, scheduled flights and low cost budget airlines. The criteria for claiming compensation is that the flight must be departing from an EU airport or flying into the EU on an EU airline.

Passengers who are delayed or have their flight cancelled are entitled to complimentary refreshments. On a short-haul flight if the delay is more than 2 hours, on a mid-range flight 3 hours or more and on a long-haul flight 4 hours or more. If the delay is excessive then passengers are also entitled to overnight accommodation, including a transfer to the hotel free of charge, or the airline must find alternative transport for the passengers to reach their final destination.

In the case of a flight being overbooked the airline have to ask for volunteers to give up their seat first. Any passenger who agrees to this can opt for cash benefits as well as the option of either a refund of their ticket with a free flight back to their point of departure or a later flight to their destination but they are not entitled to the additional compensation as specified above. However if a passenger is "bumped" against their will they are entitled to the compensation as specified above.

It is highly likely that in the case of delay airlines will try and avoid liability as there is within the regulations a get-out clause which allows the airline to avoid compensating passengers where the reason for the delay or cancellation is outside of the airline's control. For example adverse weather conditions, industrial action by airline staff or simply Air Traffic Control delays or overloads are all examples where compensation would not apply.

Airlines also will not have to compensate the passengers if they give 14-days notice or more regarding a cancellation or they provide a re-routed flight. So whilst these regulations give passengers enhanced rights that they previously did not have it is not compensation for every circumstance. Passengers should therefore collect all the relevant information together before considering whether it is appropriate to make a claim.
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[DaveR]

Thanks Rob that is very helpful.