What are your passenger rights?

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leedslad

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I recently booked a package holiday to USA. There was one long haul flight (UK to USA) then one connecting internal flight in USA - this was bought as one journey rather than 2 separate ones. Both flights were with the same airline (US based).

On the way home the first (internal US) flight was cancelled (bad weather elsewhere in US meant the plane never made it on time to the airport).

We were booked on the next available flight - the same one 24 hours later - free of charge.

As a result we incurred various extra costs such as accommodation and food etc.

Normally I believe if the airline was European then the EU 261/2004 regs would have coevered us for these costs. However being outside the EU then there is no such regulation.

The UK CAA suggests: http://www.caa.co.uk/default.aspx?pageid=12747
Delays, Cancellations and Denied Boarding issues outside the European Union when travelling with a non-EU airline
Some airlines may provide refreshments and accommodation for passengers while they wait for their delayed flight. Some airlines will not. If they do not, you can try to claim for reimbursement of your expenses due to the delay. You have the right to claim for this under the Montreal Convention. Be aware that you may struggle to be reimbursed for anything other than meals or overnight hotel accommodation, so spend wisely. Keep receipts.

However reading elsewhere I'm not so sure this is the case?

My question is:
Am I able to recover my extra costs from the airline, or the Travel Agent (given it was a package)?

Thanks!
 
Re: Passenger Rights

Good idea for a topic.

I'm not entirely sure where you stand with American or other worldwide destinations but in Europe passengers do have the European air passenger charter to fall back on.

This was put to the test during the Icelandic volcanic eruption and many airlines contested it but in the end they had to pay out.

I haven't had chance to read through the document but I think this is it. http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN😛DF

Have you tried to recover your costs incurred through your travel insurance?
 
Re: Passenger Rights

Thanks - unfortunately since the airline is US based, then it is not classed as a "Community Carrier" and is therefore not bound by the directive... This is what makes me doubt what the CAA site says, however the CAA quote the Montreal Convention which is different? I also wondered if rather than the airline, that the package holiday seller might be responsible?...
 
Re: Passenger Rights

A few years ago I booked a flight on a Canadian airline. The flight was delayed for 22 hours , during which time we weren't even offered a cup of tea/coffee. The airline refused compensation ...claiming 'an act of God' and our bog standard travel insurance wasn't much help either...just a few £s.
 
Re: Passenger Rights

I am not 100% sure, but if you booked with a Package Tour operator rather than a "travel agent" package, it is their responsibility to look after you.
I would definitely check with the tour operator.
 
Re: Passenger Rights

Thanks for the input: Things I've established so far:

ABTA members are not required to cover the cost of accommodation if flight cancellation caused by bad weather (p19 of Guidance on Code of Conduct): http://www.abta.com/about/industry_standards.

My "essentials" travel insurance does not cover me, though a more comprehensive insurance might have.

The airline is not EU based and therefore is not covered by EU legislation for events outside the EU.

Therefore my last hope is under the Montreal Convention, but the airline has already turned down my request which I am querying with the CAA: http://www.caa.co.uk/default.aspx?pageid=12747

All in all not looking hopeful (not that the cost is huge, more the principal).
 
Re: Passenger Rights

Just to close the loop, the Montreal Convention states they must have taken all actions to aviod the delay, but given it was a weather delay, it seems it was "unaviodable", and therefore I foot all costs...

Lesson here is use an EU carrier not a US one (though perhaps this is why the US one was slightly cheaper in the first place)...

I could have taken more comprehensive insurance, however the cost of the extra insurance was not dissimilar to the cost of one night in an airport hotel in the end.
 
Re: Passenger Rights

You win some, you lose some, thanks for letting us known the conclusion.
 

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