[LuganoPirate]

My son arriving into Lugano from Zurich on a through ticket from JNB paid for with my miles was delayed as due to poor visibility the plane could not land and was diverted to Milan – though Lugano was not closed as private jets were landing and taking off.

I don’t think he will be entitled to compensation even though he was just under 4 hours late as it was a weather event but it got me thinking. Had he been due compensation would he still get it even if on a ticket paid for with miles?

Ironically, the bus driver dropped him at the station as a favour as it’s much closer to home, but had he taken him to the airport with all the other passengers he would have been just over 4 hours late in arriving.

Any thoughts on this?

[FDOS_UK]

LP

The method of payment is irrelevant, so long as the fare is one available to the general public (ie. not an ID90 or similar).

But I agree that compo would not have kicked in due to it being weather related – I was never instrument rated, so cannot be sure of the rules, but possible Swiss (on an airline AOC) uses a higher safety factor than a private jet may use?

[LuganoPirate]

FDOS. Seeing him stuck up in the air and not knowing why, I was a bit worried, so I called someone I know at the airport. She told me what was happening and that the Captain would likely divert. A VFR approach was available to him but it was the captain’s decision. He did try an approach, aborted it then went straight to MXP.

I was also following it on Flightradar24 so was more informed than most of the others waiting for their flight to Zurich – which of course was cancelled!

Junior (not knowing the rules) was calculating how much he would make till I reminded him whose miles and money bought the ticket!!!

[MrMichael]

Surely LP, as it was Junior that was delayed and not you, then he should get any compensation. I think you need to reconsider “your rules” and take in to account that compensation for delayed arrival is predominately paid out due to the inconvenience the passenger had, not his parent. Maybe Junior should have chucked you a bit of it if you were also inconvenienced, but morally I think the money should be his.

🙂

[FDOS_UK]

MrMichael is absoutely right, but then a parental windfall tax would surely be appropriate? 🙂

[DerekVH]

FDOS is correct, I have just received compensation for a 4 hour delay (FLY related) on a CW Flight from SFO using Avios.

[Flyingfemme]

Doesn’t matter how you pay for it……..

We had a flight from Chicago to London with Virgin cancelled due to aircraft unavailablility. They booked us onto the following day’s flight without a murmur and paid the extra night at the Conrad plus a day’s Heathrow parking and a very nice dinner. I didn’t go for the full statutory delay payment because I wasn’t out of pocket, or in a hurry, and I appreciate the reward flights from Virgin very much.

[LuganoPirate]

You have a point MrMichael, but (I’m pleading for sympathy here) I was inconvenienced more than him. Waiting at the airport for 90 minutes. Mid lunch having to dash to the station to collect him all ate into work time, where the only thing he had to do was re-arrange (at my expense – roaming rates) when he was going to see his girlfriend! So if anything was due it would be going into my pocket and I might, if I’m feeling generous, stretch to buying them both a burger 😉

However, just to expand on your argument, while waiting in Zurich, he used my credit card which I gave him in case of an emergency, to buy a CHF 1 scratch card, not an emergency and something he should not have done. However, the lucky tyke went and won CHF 10 on it! Should he now give me those 10 francs as I say he should, or as he says, just refund me the 1???

[MrMichael]

Well a few things here.
1. I think the accepting of Credit Cards for the purposes of Gambling is fundamentally wrong. Shame on Swiss law for allowing it (and shame on U.K. Law that has relaxed such laws under PM Blair.)
2. Junior was out of order using the cc for such a purchase, so yes he owes you 1CHF and the other 9 (I am guessing his winnings were 9 not 10) should be donated by him to a charity of your choice.
3. The fact you were out of pocket due to his delay is not really relevant. He was on the flight that was delayed and is thus due (I know he won’t get anything as you say it was weather related) any compensation from the carrier.
4. Did any contract (verbal or implied) exist between you and Junior regarding the inconvenience and expense you may endure should he be delayed. I am figuring not, so your still due nothing.
5. I think the art of negotiation has to come in here. You and Junior need to sit down, divvy up the inconvenience and it is up to you to persuade him to re-imburse you from his gains whereby those gains would have been reduced (significantly perhaps) if he’d needed to make his own way home.

Good luck LP, you could of course just kick him up the backside!!!

[MartynSinclair]

@LP – I have a similar situation with junior (although I would get hit if I called him that).

“Dad, are we doing any football bets this weekend”

“Sure, how much do you need”

“Please ping me £20”

After the results on Saturday the inevitable question to Junior

“How much did we win son?”

“I won £xxx”

..and do you think I ever see a penny!

[first_class_please]

Sorry, I could not find the button to start a new topic, but the contributors to this one I am sure can help me!

I took a flight from Manchester to the Gulf on Sunday, with one of the ME3. Left the gate, then returned due to a technical problem, fixed and departed 2hr 22mins late.

This caused me to miss my onward flight and the rebooked flight was 6 hours later.

I took this matter up with the airline, of which I am a high level card holder also and they responded that as they are not an EU airline the delay time is only from DEPARTING airport, not the FINAL airport arrival.

Therefore denying me the €600 compensation.

They quote article 3, but I read through all of EC261 and do not see any reference to this.

As far as I can see I left an EU airport, travelled more than 3,500km and arrived my final destination, outside the EU more than 4 hours late.

Anybody a better understanding or similar experience?

[Tom Otley]

I think this might get more replies in the correct forum – I can move it but can you identify which of the three it was so I can place it in the Emirates / Qatar / Etihad forum?
thank you
Tom

[first_class_please]

Thanks Tom.

Etihad. They claim EU261 finished when I arrived in Abu Dhabi, not at my final destination.

[FDOS_UK]

[quote quote=775155]Sorry, I could not find the button to start a new topic, but the contributors to this one I am sure can help me!

I took a flight from Manchester to the Gulf on Sunday, with one of the ME3. Left the gate, then returned due to a technical problem, fixed and departed 2hr 22mins late.

This caused me to miss my onward flight and the rebooked flight was 6 hours later.

I took this matter up with the airline, of which I am a high level card holder also and they responded that as they are not an EU airline the delay time is only from DEPARTING airport, not the FINAL airport arrival.

Therefore denying me the €600 compensation.

They quote article 3, but I read through all of EC261 and do not see any reference to this.

As far as I can see I left an EU airport, travelled more than 3,500km and arrived my final destination, outside the EU more than 4 hours late.

Anybody a better understanding or similar experience?

[/quote]

The journey counts as a single journey, despite having a stop.

Have a look at the Regulation

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:en:HTML

Article 2h – defines destination

Article 3-1a – defines scope

The compensation for delays is not stated in EC261, but was established in the Sturgeon case, you can google this for more information.

They seem to owe you €600.

[IanFromHKG]

Junior Offspring was delayed on a flight earlier this year. I am still fighting for compensation, but have done a deal with her that she will get one-third of the compensation (since she had the hassle) and I will get two-thirds (since I paid for the ticket). She seems quite happy with that 🙂

But then being 15, she is just chuffed about the idea of getting EUR200 regardless of the reason!

[Author]

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