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Hi there!
On June 21st I got a flight canceled by Delta (LGW to JFK) in very short notice (3 hours before departure time). I was offered a rebook, that I took, in a Virgin Atlantic flight that departed 2 hours and 10 minutes later than the original departure time of the cancelled flight. The Virgin Atlantic flight got delayed as well, and we finally reached our destination 4 hours and 12 minutes later than the scheduled time of the original Delta flight.
I have claimed to Delta and they offered me 300 euros compensation, because they offered rebooking in a flight “expecting” to arrive less than 4 hours late, which I declined, because EU 261 doesn’t say anything about “expecting” times.
I claimed again for 520 GBP, and Delta has required me “…to contact Virgin Atlantic Airways to provide you with their official statement regarding the delay of their Flight VS153 on 21st of June 2023 and to specify the circumstances of this delay…”
Is that alright? Can they ask me to present that letter?
Can they argue that, if the Virgin flight’s delay was due to extraordinary circumstances, they don’t have to pay a full compensation for his cancellation?
What would you recomend me to do?
Thanks in advance for your help!!!!It’s better to get an official statement. Or else this whole compensation thing will take hell lot of time to settle.
Is it not Virgin as the operating carrier who would be liable for delay compo here (if applicable)? Was any reason given for the delay at the time?
Cancellation compo from DL might be a separate issue and again would depend on why the original flight was cancelled.
It’s not relevant that Virgin was the operating carrier that you eventually travelled on since that flight itself was not delayed enough to trigger any compensation. Delta is correct in asserting that the cancellation compensation they might owe relates to the scheduled time of the rerouting they offer you, not the actual time. However, on the basis of Article 5 – 1(c)(iii) your rerouting flight was scheduled to arrive more than two hours after the cancelled flight, so you are entitled to compensation if no ‘extraordinary circumstances’ apply to the cancelled DL flight which they don’t appear to be claiming. Where Delta is wrong is saying that four hours is the measure, when it is two hours in this case – they are confusing delay vs last minute cancellation compensation. You don’t need anything from Virgin re the cause of the delay as your compensation claim simply doesn’t rely on this.
I have a similar scenario. I had a BA flight booked on 14th July to Newark. The flight was due to leave LHR at 16: 45 and arrive at Ewr at 19:30 BA cancelled the flight the day before and booked me on a JFK flight on Iberia via Madrid to JFK instead of EWR. But when I went to Iberia for checking in they said they could find the booking for which I had a confirmation email form BA. Iberia suggested that I should go back to BA. BA then offered to book me in on AA flight leaving at 17:06 and arriving JFK at 19:38. This flight was delayed and eventually took of after 23:30 and arrived at JFK at aprox 2:40 SAM 0n the 15th. I would like to know who is responsible for paying the compensation ; BA or AA ? at the moment AA is saying that the incoming flight was delayed due to bad weather in New york so they are not liable to pay the compensation
@suresh – your situation is indeed similar to the above one. There are two entirely separate potential claims, both subject to an ‘extraordinary circumstances’ get out.
You don’t give the timings of your original BA flight, but if the scheduled time of arrival of your rerouting on AA was more than two hours after the cancelled BA flight you are potentially entitled to £520 compensation. You need to claim directly with BA.
New UK261 rights attached to your AA flight which arrived more than four hours late such that you are potentially entitled to a further £520. AA is citing weather as ‘extraordinary circumstances’ so you need to ask them to provide evidence of that, failing which you would need to take them to MCOL as I don’t think they participate in any ADR scheme. You could also say you will raise the matter with the US DoT.
The original BA flight to Newark was arriving at 19:30 and the AA flight was scheduled to arrive at 19:50 at JFK.
So I had to make my way to New Jersey , my destination (after landing at 2:30 EST) at 4:30.
Thank you for advice on asking AA to provide proof of “Extraordinary circumstances “
Is there a way of getting historical data on flights arrival and departures from JFK? If I can get that then I will have some strong evidence.The original BA flight to Newark was arriving at 19:30 and the AA flight was scheduled to arrive at 19:50 at JFK.
So I had to make my way to New Jersey , my destination (after landing at 2:30 EST) at 4:30.
Thank you for advice on asking AA to provide proof of “Extraordinary circumstances “
Is there a way of getting historical data on flights arrival and departures from JFK? If I can get that then I will have some strong evidence.OK, so BA doesn’t owe you cancellation compensation as they rerouted, albeit to a different NYC airport, so they do owe for the cost of transportation between JFK and EWR so you need to work out the best way of presenting that as you didn’t just travel between the airports, but presumably incurred greater costs than if you had landed at EWR.
Re the AA flight, it’s easy to find historical flight timings (eg on FlightRadar24) so that you can ascertain the delays that aircraft suffered, but not the reasons which is what matters. While the onus is on airlines to provide evidence of ‘extraordinary circumstances’ they generally won’t until pressed by a court or adjudicator.
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