Rights to expenses from airline after cancellation
Discussion
Currently abroad having had return flight cancelled by the airline yesterday (Sunday) afternoon, a few hours before departure.
We were offered a new flight….. on Tuesday late afternoon earliest, nearly 48hrs after the cancelled flight.
I have extremely important work commitments on Tuesday AM so we scrabbled to find the (rapidly diminishing in quantity and increasing in price…. w
kers) first available flight to London (different airport to outbound) Monday (today) eve, with a different airline.
We have shelled out for another night in a hotel, £300-ish on the new flights, and then a taxi to retrieve the car from Gatwick from Stansted late tonight, likely £140.
Whilst I understand the Compensation scheme for cancelled flights, what I am now concerned about is reclaiming the expenses.
On the phone to the airline’s call centre, enquiring about our options for accommodation, we were advised to make our own arrangements and submit an expenses claim. Some specifics were discussed, like no more than 3 stars, etc. On the same call we were then told we can also claim a refund for the cancelled flight and would we like to process that now rather than opt for their Tuesday flight. Yes, we said.
Some research by me now suggests that by accepting that refund, we have cancelled our contract with the airline and they no longer have any duty to cover expenses incurred, save for the statutory compensation payment of a few hundred quid each.
Is that correct and I now can’t get the new flights/accom/transport etc expenses back?!
Cheers
We were offered a new flight….. on Tuesday late afternoon earliest, nearly 48hrs after the cancelled flight.
I have extremely important work commitments on Tuesday AM so we scrabbled to find the (rapidly diminishing in quantity and increasing in price…. w
kers) first available flight to London (different airport to outbound) Monday (today) eve, with a different airline. We have shelled out for another night in a hotel, £300-ish on the new flights, and then a taxi to retrieve the car from Gatwick from Stansted late tonight, likely £140.
Whilst I understand the Compensation scheme for cancelled flights, what I am now concerned about is reclaiming the expenses.
On the phone to the airline’s call centre, enquiring about our options for accommodation, we were advised to make our own arrangements and submit an expenses claim. Some specifics were discussed, like no more than 3 stars, etc. On the same call we were then told we can also claim a refund for the cancelled flight and would we like to process that now rather than opt for their Tuesday flight. Yes, we said.
Some research by me now suggests that by accepting that refund, we have cancelled our contract with the airline and they no longer have any duty to cover expenses incurred, save for the statutory compensation payment of a few hundred quid each.
Is that correct and I now can’t get the new flights/accom/transport etc expenses back?!
Cheers
Had the same with BA. If you can find another flight with a different airline then the company should put you on that flight, comp is not limited to the EU minimum. Doesn't have to be the same airline, they have a responsbility to get you home.
Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
sugerbear said:
Had the same with BA. If you can find another flight with a different airline then the company should put you on that flight, comp is not limited to the EU minimum. Doesn't have to be the same airline, they have a responsbility to get you home.
Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
Nice one - thanks.Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
Had you requested a refund for the cancelled flight already, and therefore turned down their next available flight assistance, before booking your return with the other airline?
Look at it two parts
The cost of getting you to your location
Subsequent compensation - you are only entitled to fixed amounts and you are limited to those amounts because the law makers decided it would be simpler to offer fixed amounts everyone could get rather than individually argued claims.
The cost of getting you to your location
Subsequent compensation - you are only entitled to fixed amounts and you are limited to those amounts because the law makers decided it would be simpler to offer fixed amounts everyone could get rather than individually argued claims.
The last time this happened to me, about 4 years ago the offered return flight by the cancelling airline was declined and an alternative flight by BA was booked. The BA flight was fully reimbursed.
Two days of hotel accommodation was booked and paid for directly by the airline all be it one day at a time. Evening meals and the coach transfer from Heathrow to Gatwick was reimbursed.
What was noticeable was just how difficult and time wasting getting the refunds was. Each individual expense had to be claimed for separately, the airline would not accept one itemized claim form. I do remember being ground down and eventually accepting the airlines offer, well, I did have a couple of days extra holiday and fortunately no pressing engagements.
Two days of hotel accommodation was booked and paid for directly by the airline all be it one day at a time. Evening meals and the coach transfer from Heathrow to Gatwick was reimbursed.
What was noticeable was just how difficult and time wasting getting the refunds was. Each individual expense had to be claimed for separately, the airline would not accept one itemized claim form. I do remember being ground down and eventually accepting the airlines offer, well, I did have a couple of days extra holiday and fortunately no pressing engagements.
I've used Resolver before and found them to be effective https://www.resolver.co.uk/
I use KLM a lot and they are pro-active about paying compensation directly. Good luck.
I use KLM a lot and they are pro-active about paying compensation directly. Good luck.
OP have a look here
https://www.which.co.uk/consumer-rights/advice/i-h...
Also if you paid for your original flight by credit card then claiming against the credit card company using Section 75 is also a possible route.
https://www.which.co.uk/consumer-rights/advice/i-h...
Also if you paid for your original flight by credit card then claiming against the credit card company using Section 75 is also a possible route.
Very similar happened to us last year. Booked a hotel near the airport, got a two leg flight with a different airline the following day and flew back taking a big detour as that was the only option without waiting several days. Kept every receipt and once back submitted the claim for out of pocket expenses of several thousands via the airlines claims portal. It was seamless and all was settled within the week.
Also put a claim for the cancelled flight compensation and that was paid out within 3 weeks.
Apart from the confusion at the airport as they let us check in with bags and through to departures even though there was no aircraft available, the rest of the process with Easyjet was simple and efficient.
Also put a claim for the cancelled flight compensation and that was paid out within 3 weeks.
Apart from the confusion at the airport as they let us check in with bags and through to departures even though there was no aircraft available, the rest of the process with Easyjet was simple and efficient.
Krhuangbin said:
sugerbear said:
Had the same with BA. If you can find another flight with a different airline then the company should put you on that flight, comp is not limited to the EU minimum. Doesn't have to be the same airline, they have a responsbility to get you home.
Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
Nice one - thanks.Note "should".. most of them wont or will make it very difficult and expect you to stump up the cost and then claim it back. Or hope you sleep on the airport floor and save them money. (or expect you to claim on your insurance).
I ended up spending two extra days in Italy and everything was covered, I was in a slightly more difficult position of being one of nine so finding an available flight for us all was very difficult (bank holiday weekend didn't help).
Good luck.
Had you requested a refund for the cancelled flight already, and therefore turned down their next available flight assistance, before booking your return with the other airline?
I didnt get a refund of my flight but it was only
£100, the comp was about £400 each. Which airline ?
as long as its not wizz air (who are truely horrendous) you should be able to claim all reasonable expenses in addition to the compensation. I've not claimed for a separate flight before, but have had BA chip out for a hotel, dinner, 2 long taxi rides (all in around £500) on a flight delayed by 24 hours before. It sounds like you cancelled your return flight after it was due to leave (and certainly after you had been informed that it had been cancelled) so I think you're fine on that side, you still had a flight cancelled, so they're still liable.
Also worth having travel insurance to remove the stress of situations like this. Someone is paying, somehow..
Also worth having travel insurance to remove the stress of situations like this. Someone is paying, somehow..
I was stranded in NYC right at the point the 737-MAX was grounded a few years ago. My return flight was cancelled with an automatic full refund but the airline (Norwegian) also covered the cost of the replacement flight and the transfer as it was at a different airport to our pre-booked one.
Was a pain at the time as we were completely left to our own devices to find a way home but after the claim was paid a couple of weeks later, it ended up being a much cheaper than expected trip
Was a pain at the time as we were completely left to our own devices to find a way home but after the claim was paid a couple of weeks later, it ended up being a much cheaper than expected trip
I had the opposite last summer, flight home from Nice wasn't cancelled but delayed beyond the compensation threshold. Easyjet refused to pay stating that the delay was beyond their control. Tried to claim for the food we had to buy only for them to make it as unobtainable as possible.
Eventually, after 6 weeks of complaining got 20 Euro back as a "Goodwill gesture". Great!
Eventually, after 6 weeks of complaining got 20 Euro back as a "Goodwill gesture". Great!
I had a 48 wait to get a replacement flight with BA back fro DC. Initially they wanted to put me on an economy flght via Chicago, with a 1 hour transit, I said no, especially as I was meant to be flying business. I stayed at my hotel having extended the stay for 2 days. Not long after I put a claim in and got the lot back, expenses and compensation with no quibbles.
Wife had a similar thing in Ibiza, eventually she ended up on a Ryanair flight back not BA, some 40 hours after the initial flight was meant to leave because she had work commitments and she got the expenses back (including the ryanair flight) but no compensation because she cancelled her BA fight to chose another option.
I've had various compensations paid with BA and no issues, but Sleazyjet just tell you to jog on and manufacture some excuse as to why its not their fault.
I think you'll probably get all the expenses back but not the compensation IMO, unless you have a high tier level with the carriers loyalty program (such as mine with BA) in which case you might fare better as I suspect thats why I have always fared ok getting things back
Wife had a similar thing in Ibiza, eventually she ended up on a Ryanair flight back not BA, some 40 hours after the initial flight was meant to leave because she had work commitments and she got the expenses back (including the ryanair flight) but no compensation because she cancelled her BA fight to chose another option.
I've had various compensations paid with BA and no issues, but Sleazyjet just tell you to jog on and manufacture some excuse as to why its not their fault.
I think you'll probably get all the expenses back but not the compensation IMO, unless you have a high tier level with the carriers loyalty program (such as mine with BA) in which case you might fare better as I suspect thats why I have always fared ok getting things back
Thanks all.
Another severely delayed flight last night, on the verge of the 3hrs.... and back home.
This I suspect is the case:
"You have cancelled and got your money back. You have no more rights.
You should had asked the carrier to book you on that route. If they refused then you book and claim. You don't cancel ever."
As it was a small island airport, the alternative flights were, after the cancelation, rapidly disappearing and going up in price, so they were booked asap without asking the airline to do it, and secure a way home in time.
On the call to them, and in their "your options" email informing us of cancellation, they look to have been pretty deliberately vague, and almost too keen now I think about it, to offer an immediate refund, and what that means regarding your expenses incurred. The call to the helpline explicitly advised us to make own arrangements and use the expenses form.....after cancelling with them and accepting refund. I will suggest they listen to the recording.....
Never been in the situation before so will have to rely on insurance and also the EU Comp I suspect if the above fails - but i'll give it a go as they really did leave us in a difficult situation with next to no assistance.
Another severely delayed flight last night, on the verge of the 3hrs.... and back home.
This I suspect is the case:
"You have cancelled and got your money back. You have no more rights.
You should had asked the carrier to book you on that route. If they refused then you book and claim. You don't cancel ever."
As it was a small island airport, the alternative flights were, after the cancelation, rapidly disappearing and going up in price, so they were booked asap without asking the airline to do it, and secure a way home in time.
On the call to them, and in their "your options" email informing us of cancellation, they look to have been pretty deliberately vague, and almost too keen now I think about it, to offer an immediate refund, and what that means regarding your expenses incurred. The call to the helpline explicitly advised us to make own arrangements and use the expenses form.....after cancelling with them and accepting refund. I will suggest they listen to the recording.....
Never been in the situation before so will have to rely on insurance and also the EU Comp I suspect if the above fails - but i'll give it a go as they really did leave us in a difficult situation with next to no assistance.
Airlines cannot cancel a flight and just offer the refund to absolve them of liabilities. They cancelled the flight and broke the contract, they need to get you to final destination and cover reasonable costs. Compensation is a separate matter and depends on the reason for the cancellation.
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