Excel Airways flight delay.

[monkeymoots]

Hi,
I have just had a holiday cut short by one day, due to a flight delay of over 12 hours on the outward journey.Accommodation and flights were booked separately.
Excel Airways have said this was due to technical difficulties.
Our travel insurance covers for £20 per person (£40) in total for a 12 hour delay.
Only arguments at Gatwick airport which needed police intervention, forced Excel to act.
Obviously £40 and £8 in vouchers,does not compensate for the loss of one day and the stress which followed.
I would appreciate advice on any action that may have to be taken, and hearing from anyone who may have been in a similar position.
Thanks.

[Rich44]

ooooh im curious now what happened at the airport that needed the old bill?

[hagenuk]

I'm curious. What would compensate for the loss of one day and the stress which followed?

[StudentInDebt]

Generally, the police will have been called as passengers due to be flying on this service were harrassing, intimidating or threatening the staff of the airline's handling agent.

[rjstott]

If you lost a day I assume you were delayed overight, in which case you should have got as a statutory right:

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;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
You can complain to:

Air Transport Users Council, CAA HOUSE, 45-59 Kingsway, London WC2B 6TE, United Kingdom.

[monkeymoots]

Thanks rjstott,
I was classing the missed day by the fact that we should have arrived at 10am, but actually got there at just before 11pm, and by the time we got to our apartment it was gone midnight.
But we did have children and infants in the party, and we were not offered any form of transport.
I will contact the air transport users council.

[StudentInDebt]

The section of the EU directive quoted is misleading and since the delay was due to "technical difficulties" you are not entitled to anything under its' provisions.

If we assumed for a moment that the delay was caused by a situation that was covered by the directive then you would be entitled to the following:

meals and refreshments in a reasonable relation to the waiting time, two telephone calls, telex or fax messages, or e-mails (free of charge) and the offer of a full refund if the flight no longer serves a purpose to you.

I believe that the transport referred to in the quote is transport from the airport you are being delayed at to the hotel accomodation being provided by the airline rather than once you reach your destination. Under the directive only unaccompanied children need to have special consideration.

Have you already complained to Excel Airways in writing? This is from the AUC website:

If you have already made a written complaint to an airline or airport, and you are not satisfied with the outcome, we may be able to help, though we have no powers to compel service providers to accept our views.

[rjstott]

StudentinDebt and I don't agree here. The EC Regulation quite clearly does cover technical difficulties which is certainly not an EXTRAORDINARY CIRCUMSTANCE. However you would only be entitled to appropriate meals to match the delay.

The regulation does not preclude you from making a claim against the airline for the effect of the delay which you could reasonably claim to be the cost of one day of your holiday accomodation costs, loss of your right to enjoy your holiday for one day and compensation for the stress.

I assume that you were not provided with a written copy of your rights or at least one that matches up to the regulation so you should complain to the provided address. The CAA has a statutory duty to intervene where there are sufficient complaints.

I suggest you issue a small claim against the airline for your loss and stress. If they did not keep you properly informed then you would likely win without a challenge but even if they did you have a reasonable case.

[StudentInDebt]

The regulation does not preclude you from making a claim against the airline for the effect of the delay which you could reasonably claim to be the cost of one day of your holiday accomodation costs, loss of your right to enjoy your holiday for one day and compensation for the stress.

We do agree there

[monkeymoots]

Hi,
Studentindebt and once again Rjstott, I am gratefull to you both, and will be using the information that you have both provided.
PS. Student in debt, it won't always be like that, my daughter could have used your name four years ago, her charge out rate is now in excess of £400 per hour.
Good Luck.

[StudentInDebt]

The section of the EU directive quoted is misleading and since the delay was due to "technical difficulties" you are not entitled to anything under its' provisions.

I'm wrong here, the following judgment in the European Court of Justice (Case C-344/04, judgment 10 January 2006) states

Article 6 of Regulation No 261/2004 provides that, in the event of a long delay to a flight, the operating air carrier must offer to assist and take care of the passengers concerned. It does not provide that the carrier may escape such obligations in the event of extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Hadn't heard about this judgement until louison pointed it out.