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Plane landed due to technical issues, lost 2 days of holiday - are we entitled to compensation?


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Hi, 

My mother & sister have just gone on holiday to Jamaica for 10 days.

They were due to land in Montego Bay, but the plane had technical issues and had to land in Turks & Caicos.

(After a lot of hassle) they got put up in a hotel last night by Virgin, and are due to be picked up today.

There has been more delays, and its unlikely they will get to Jamaica until 10pm.

This means they have lost 2 evenings, and 1.5 days of their holiday due to a plane technical fault (assuming all goes well from now)

Are they Legally entitled to any compensation under these circumstances? 

Thanks for any help

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yes i would think so.

moved to the airlines forum so the experts will see and comment

dx

 

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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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Posted (edited)

Thanks Dx, 

 

For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays. 

 

From what I can tell 

- The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault. 

- The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled 

- A New flight was put on today, which was then delayed by 1.5hrs aswell 

- Hotel was provided for the night after much hassle. 

- 1.5 days, 2 evenings of holiday lost 

If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?) 

I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in

 

I am aware: 

If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale:

  • £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam);
  • £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech);
  • £520 / €600 for all other flights (e.g. London to New York).

Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by:

  • two hours for flights of 1,500km or less;
  • three hours for flights between 1,500km and 3,500km;
  • four hours for all other flights.

So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both? 

Thanks, 

Ryan  

Edited by RyanB96
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Hey there, as the plane went tech you are entitled to the £520 x2 compensation under EC261. This is a clear cut case. Just claim straight with Virgin.

However you are not entitled to a full refund, since you were eventually flown to the final destination; of course that second flight should have been totally free of charge; if not you must bill Virgin for it.

Your mum+sis are also entitled to full reimbursment of taxis to and from the hotel, as well as meals+refreshments that they had for the entire duration of the unexpected stop, including both at the hotel and airport. (Just stay reasonable: no claiming for 49 pina coladas at the beach bar)

Was their luggage returned to them during the unexpected stop? If not they may also claim for any toiletries and clothing that they had to purchase during the night stop.

I understand the hotel has already been paid for, just don't forget the rest. Hopefully they have kept the receipts. Otherwise bank statements should do the trick. You need to claim for this in addition of the £1040

Other than the above there is no statutory compensation due for missing out on 1.5days of holiday. You could however talk to someone at customer service and make a polite request to extend your stay by another couple days and see if they will do it for you free of charge (providing they have space). Or if not, you could possibly get some token gesture of money back or voucher off your next holiday. It's worth trying.

That you paid £700 for a name change is unfortunate but it's completely unrelated to the situation at hand.

Above all I hope they don't worry too much about this mishap, and make the most of their holiday. Compensation is practically guaranteedwhen they are back. Just tell them to save all receipts they have and don't worry about the rest until they're back!

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