EU compensation law for delayed flights

On 6 Apr, 18:05, Tuxudo wrote:

Can anyone here provide some advise on EU regulations for late flight
compensation?

Try Google

wrote in message
...
On 6 Apr, 18:05, Tuxudo wrote:

Can anyone here provide some advise on EU regulations for late flight
compensation?

Try Google

http://ec.europa.eu/news/transport/070802_1_en.htm

Can anyone here provide some advise on EU regulations for late flight
compensation?

I recently booked a flight with Thai Airways from Germany to Bangkok and
return. The exact route was Munich - Frankfurt - Bangkok and the return
portion was Bangkok - Frankfurt - Munich.

The domestic flights were by Lufthansa and the international flights were by
Thai Airways. As Thai Airways is a Lufthansa Star Alliance partner, the
Lufthansa tickets were actually booked with Thai Airways.

The return flight from Bangkok to Frankfurt was cancelled in the last moment
due to technical problems with the aircraft.

Shortly after boarding, all passengers were asked to leave the plane and
wait for a replacement plane, which was provided about 3 hours later. This
caused a late arrival in Frankfurt and for all connecting flights to be
missed, as the airport was closed by the time the plane had finally landed.

The airline staff supplied those passengers who asked with a written
document confirming the cause of delay. The relevant part read:

"We regret the delay of our flight TG922/24FEB BKKFRA which originally was
holding departure time 1320LT, however due to technical reason, the flight
made it out of BKK at 1613LT on the 24th FEB and expected to arrive FRA at
2232LT on 24FEB."

The exact technical failure was a refueling problem of the left wing.

Passengers holding tickets for onward destinations were accommodated at the
Sheraton in Frankfurt airport and could catch the next available flights to
their various destinations the next morning. The delay to my final
destination was exactly 10 hours.

As far as I've heard, according to current EU regulations, airlines
operating in Europe are obliged to compensate specific amounts in relation
to the number of delayed hours, as long as the delay was not caused by
an "act of god" or likewise.

When I discussed possible compensation with the airline staff upon arrival
in Frankfurt, they told me that the "Thai Airways 'Compensation Department'
in Frankfurt city would surely know", which was closed at the time.

I understand that according to EU aviation rules airlines are required to
provide details of the applicable law if requested by passengers. Something
along this was displayed on a small plastic sign placed temporarily on the
counter where the late arrivals were met to have their onward flight and
accommodation arrangements made. I cannot remember which specific law
paragraph was noted on the sign. In any case, it was not detailing the
actual law, only the section §XYZ along with one or two sentences about the
fact that the airline is required by law to supply the details of the
compensation law if asked. No doubt there's also a law that this little
plastic sign must be displayed for late arrivals. Does anyone know which
particular compensation law section was referred to? I should have taken a
photo of the sign.... Anyway, I asked the airline staff for the details and
was politely advised to look it up on the internet.

The impression I received by the Airline staff's response was that they
tried to avoid the subject so that as many passengers would forget about
the idea of compensation altogether. After all, from an airlines point of
view: if all passengers knew exactly what compensation they are entitled to
that knowledge itself could probably cost the airline a fortune. As such,
no need to advertise, instead, airlines may naturally want to complicate
procedures by applying a certain level of bureaucracy.

Considering they have not yet responded I suspect they handle compensations
on a persistent request basis by waiting and dealing with those who are
complaining the most, maybe even only those who are issuing court orders.

I contacted the compensation department which is in fact the 'Customer
Relations' department at Thai Airways. They asked me to send my request in
writing, which I did over a month ago, along with a description of the
delayed flight, relevant documents, flight stubs etc. Additionally, I
simply wrote asking them what compensation would apply according to EU
regulations given my particular flight circumstances, presuming they would
know. A bit naive, I admit. Not surprisingly, I haven't heard from them.

Can anyone advise me what compensation may apply and by which particular EU
law as well as where the relevant details are published online? Perhaps
someone has had a similar experience, either with Thai Airways or another
airline?

For example, would only the delay by Thai Airways for about 3 hours be
subject to compensation or the entire delay of 10 hours involving another
airline caused by the original delayed flight by the first airline?

The hotel and onward flight was handled swiftly, no doubt thanks to current
EU regulation, which appears to be a major step ahead from the times one
could expect to sleep at a terminal without any compensation in sight. That
said, considering a fair amount of money is spent on a long-hail flight and
given the fact that a total delay of 10 hours was incurred to final
destination, I think some amount of compensation would only be fair.

Thanks for any advise,
Tuxedo

"Tuxudo" wrote in message
...
Graham Harrison wrote:

[...]

http://ec.europa.eu/news/transport/070802_1_en.htm

Thanks, I will delve into the above.

At the Wikipedia page http://tinyurl.com/ddal8g I also found this:

"Additionally, when an airline cancels a flight, denies a person boarding,
or incurs a delay exceeding two hours to a flight, it is obliged to
provide
each passenger affected with a written notice setting out their rights
under the regulation, and the contact details of the national body tasked
with enforcing the regulation."

I guess the European Commission would be considered the 'national body
tasked with enforcing the regulation' within Europe and this bit of
information the airline indeed failed to produce.

ISTM that the EU are going to have a problem with enforcing this clause when
the incident occurs with a non-EU airline at a non-EU airport.

Whilst it is clear that you ought to be entitled to some compensation,
trying to hit the airline with this "failure to provide details" is likely
to be a dead end IMHO.

tim

"Tuxudo" wrote in message
...
Graham Harrison wrote:

[...]

http://ec.europa.eu/news/transport/070802_1_en.htm

Thanks, I will delve into the above.

At the Wikipedia page http://tinyurl.com/ddal8g I also found this:

"Additionally, when an airline cancels a flight, denies a person boarding,
or incurs a delay exceeding two hours to a flight, it is obliged to
provide
each passenger affected with a written notice setting out their rights
under the regulation, and the contact details of the national body tasked
with enforcing the regulation."

I guess the European Commission would be considered the 'national body
tasked with enforcing the regulation' within Europe and this bit of
information the airline indeed failed to produce.


No "The National Body" is just that - an organisation in each member country
of the EU

Graham Harrison wrote:

[...]

http://ec.europa.eu/news/transport/070802_1_en.htm

Thanks, I will delve into the above.

At the Wikipedia page http://tinyurl.com/ddal8g I also found this:

"Additionally, when an airline cancels a flight, denies a person boarding,
or incurs a delay exceeding two hours to a flight, it is obliged to provide
each passenger affected with a written notice setting out their rights
under the regulation, and the contact details of the national body tasked
with enforcing the regulation."

I guess the European Commission would be considered the 'national body
tasked with enforcing the regulation' within Europe and this bit of
information the airline indeed failed to produce.

tim..... wrote:

[...]

trying to hit the airline with this "failure to provide details" is likely
to be a dead end IMHO.

I agree and it is not my main point. It was merely an observation since I
had the feeling the airline was trying to circumvent the process by not
providing details in a very helpful manner, in spite of the fact that they
must be aware of what details they are apparently required to provide by
law. Why else would they display a sign of what they must provide but they
don't provide it? In the end, that would not likely work in their favor.

It is not entirely untypical corporate behavior for companies to change for
the better only after someone makes a complaint or initiates a legal
action. But for now I'm simply trying to find out the facts and whether
compensation is applicable or not, which the airline sure ain't telling me.