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AirTransat delayed flight - compensation claim


AntGTD
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Hi!

 

I have been a cagger since 2008 but have had to create a new account so technically this isn't my first post :)

 

In August my wife and flew from Gatwick to Toronto, when we checked in (three hours in advance) we were advised the flight had been delayed by four hours and were given food vouchers as compensation.

 

Going to be honest, we have flown as far afield as Australia and Hawaii and never had as much as a 30 minute delay in 15 years of holidaying abrade so didn't mind too much HOWEVER it did mess our plans up significantly.

 

AirTransat have been approached as i feel we have grounds to claim compensation for the delayed flight, however they have point blankly refused.

 

What are your thoughts?

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So in total you were waiting 7hrs for your flight, not that 7hrs is an issue i just wanted to be sure that you checked in 3 hrs early and had to wait 7hrs in total including the 4 hr delay.

There are regulations regarding flight delays which i will ho and check out now.

 

Stay tuned......

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http://globalnews.ca/news/2090831/flight-delays-what-are-your-rights-as-a-passenger/

 

As this is a canadian airline, it doesnt look good for a claim, there is an airline charter but no regulations as there are in Europe.

 

I may be wrong, others will advise if so but i dont think the eu regs apply despite the flight departing from the uk.

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Ah they may be canadian but look at there General Terms and Conditions: http://www.airtransat.com/en-GB/legal-notice-uk/general-terms-and-conditions

(specifically 16- LAWS & 17- ALTERNATIVE DISPUTE RESOLUTION (only applicable for the UK)

 

Also look at this CAA link: https://www.caa.co.uk/Passengers/Resolving-Travel-Problems/Delays-and-cancellations/

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Interesting reading stu.

 

Ant can you confirm exactly how you booked and through which company?

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If the flight was booked through Air Consultants France then given the flight from an eu airport, there may be a way that eu regs could apply.

 

The ADR referred to at 17 simply states that they do not subscribe to the scheme and its therefore not applicable.

 

If eu regs dont apply then its a complaint to the caa as in stu's link above but from what i have read so far, the delay needed to be 5 hours or more to claim compensation.

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Just to be clear, Regulation 261/04 which covers flight delay compensation covers all airlines leaving a EU airport (but only European airlines flying INTO a EU airport). So you definitely do have the protection in this case.

 

The Regulation (and subsequent case law) says you are entitled to duty of care (i.e. meals), as well as compensation - provided the delay wasn't caused by "extraordinary circumstances" - which are generally defined as events not "inherent" in normal airline operations (plus weather and ATC restrictions). So you need to know the cause of the delay - what does the airline say?

 

The amount of compensation is generally fixed by distance (rather than duration of delay). But in the case of flights (like this one) over 3500km, it is: €300 per passenger for a delay of 3-4 hours, or €600 for a delay of 4 hours or more. Delay is measured by doors open at destination - not take off at departure.

 

If you have a claim and the airline fails to play ball, the small claims track is a relatively simple way to get them to pay up.

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Get the claim in while you can, while heathrow is still an EU airport

 

yes compensation is based on the premise that all EU based airlines AND all flights that originate from an EU airport are covered - OH is a travel consultant so knows these things :x

Any opinion I give is from personal experience .

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  • 2 months later...

Good news AntGTD and well done to everyone that has assisted.

 

Let us know when the cheques have cleared

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 1 year later...

Hi,

 

Sorry to bring up an old message

I’ve been searching the internet trying to find a way of contacting Air Transat for compensation.

 

We were recently delayed 7hrs flying out of Gatwick so I think we may be able to claim some compensation.

 

During my search I found this thread about getting compensation from Air Transat and I was wondering how you went about it?

 

I’ve sent a message through their contact us page on their website but I’m not getting anywhere,

 

was just wondering whether you had a direct email address or something?

Thanks

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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