Flight delay regulation EU Regulation 261/2004

[rach912]

Evening all,

I have recently been on a cruise, whereby we flew back from our last port - Barbado, to the UK. We experienced severe delays in our flight amongst MANY other problems. I am currently writing to the cruise line in order to gain an explanation and compensation. It has been pointed out to me that flight delays and complications are now subject to the EU regulation 261/2004 - see link below.

http://europa.eu.int/smartapi/cgi/sga_doc?smar tapi!celexplus!prod!CELEXnumdoc&lg=en& numdoc=304R0261

I would really appreciate it if someone could let me know if I am able to claim compensation laid out in this regulation from the cruise line or have to go directly to the airline. I personnally think that because my contract is with the cruise line and they have contracted out the flight (Charter flight) as part of the package holiday it should be them that I continue writing to but I am unsure. Also allot of the other problems were cause by them and not the airline. Please if anyone knows who I should be directing this to ....can they let me know!!!

thanks!!

[dzug]

You should be able to claim something from your insurance company under the delayed departure section.

I can't see anything in the link you have supplied about compensation for straightforward delay. They have to look after you if you are delayed, and allow you 2 free phone calls (or similar), but (if I'm reading it right ) not give you compensation.

If the delay is caused by cancellation or overbooking, then yes compensation comes in, provided the circumstances are within the airline's control. There's a lot of get outs for them here.

BTW if it wasn't an EU airline the rules don't apply anyway - you haven't said which airline

I would suspect you are best off going after the tour operator - your chances of an ex-gratia payment of some sort are high, particularly if other aspects of the arrangements went wrong. If you read the rules closely and are sure they apply to you, then go after the airline - it says so in whereas para 7

[dannydingbat]

I'm not too confident of your approach to the cruise company. I once had a cruise cancelled in Hawaii and the company flew us home directly from there, cancelling our personal arrangements in California. We were on four flights (some without food) , 3 airlines and it took 23 hours. Our luggage was lost as well. When we tried to claim money back, they pointed to the cruise contract which allows them to do, basically, anything they like. Good luck.

[Traveler29]

Was your flight delayed? How much compensation you are entitled to depends on the following criteria:
• for all flights of 1,500 kilometres or less: EUR 250 (± 199 GBP);
• for all intra-community flights of more than 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres: EUR 400 (± 320 GBP);
• for all other flights that do not fall under (A) or (B): EUR 600 (± 480 GBP).

If the airline offered the passenger a re-routing, they are allowed to reduce the amount of compensation with 50%. To which flights does this apply?
• the flight distance was less than 1,500 kilometres and the flight was delayed in arrival by more than two hours;
• the scheduled arrival of the original booked flight was exceeded by three hours, for all intra-Community flights of more than 1,500 kilometres and for all flights between 1,500 and 3,500 kilometres;
• the scheduled arrival time of the originally booked flight was exceeded by four hours, for all flights that do not fall under (a) or (b).

More info: http://flight-delayed.co.uk/flight-delayed/

http://www.youtube.com/watch?v=JgwnMZDxLp8