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Right to compensation for flight cancelled due to engine failure

31 replies

Shimla999 · 09/09/2023 13:57

Hi, On 7 September, we were due to fly from Edinburgh to Barcelona with Vueling. Whilst on board the plane, after a 2-hour wait, we were informed that the flight was cancelled due to engine failure (there were mechanics on the plane checking everything). So, we had to disembark and wait again for hours to get our luggage back. We were offered alternative flights on Sunday 10 September but decided not to accept as we needed to be back in Spain before then. We managed to book flights through British Airways and got back yesterday. I have applied for a refund for our flights from Vueling but believe we are also entitled to compensation. Can anyone confirm that is the case when the flight is cancelled in these circumstances? I read that we may be entitled to either 250 or 400 euros compensation (depending on whether you think the distance between Edinburgh and Barcelona is below or above 1,500 km). Many thanks in advance!

OP posts:
BeccaBean · 09/09/2023 17:29

Yes, if you arrived later than 3 hours after your scheduled arrival time and the delay was caused by the airline you should. It should be a quick, easy online claim process. We applied for compensation with Lufthansa after missing a connection after the first flight was delayed due to arriving late at the departure airport due to logistical reasons and we got a positive confirmation to our online claim within 48 hours and the cash paid a few working days later.

BarbaraofSeville · 11/09/2023 07:29

I agree. The airline should have contingency plans in place to deal with engine failure - a spare plane they can call on and they didn't, so the delay was their fault (they might not agree, but that's the rule).

Moneysaving Expert is a good source of advice on how to complain, what to say etc and, while the resolver service doesn't currently include Vueling, it does give you the contact details and a template letter you can use. But it's unlikely to be a quick or easy process as Vueling are like a Spanish Ryanair.

https://www.moneysavingexpert.com/travel/flight-delay-compensation/

https://www.resolver.co.uk/companies/vueling-airlines-complaints/contact-details

Resolver

Resolver UK

https://www.resolver.co.uk/companies/vueling-airlines-complaints/contact-details

GrumpyPanda · 11/09/2023 07:34

The airline's going to fight you on it. If you want minimal fuss you might consider using an intermediary like flightrights.com or euroclaim.com. They'll take a cut of any award but do all the work for you, including going to court if necessary.

modgepodge · 11/09/2023 07:37

Sorry to jump on this thread but does anyone know what you can do if the airline say it was out of their control and refuse compensation? Is there an appeal process?

our flight was delayed by 24 hours, it was partly out of the airlines control but there were contributing factors which were in their control. They have refused compensation and I’m wondering if/how I can appeal.

Chersfrozenface · 11/09/2023 07:58

modgepodge · 11/09/2023 07:37

Sorry to jump on this thread but does anyone know what you can do if the airline say it was out of their control and refuse compensation? Is there an appeal process?

our flight was delayed by 24 hours, it was partly out of the airlines control but there were contributing factors which were in their control. They have refused compensation and I’m wondering if/how I can appeal.

I got compensation from Ryanair for a long delay that the airline said was not its fault

I went through Resolver https://www.resolver.co.uk/ first and when Ryanair didn't respond was given the option to escalate to Aviation ADR, who found in my favour. You have to set out your reasons for claiming the airline was at fault.

It took over a year, but I got the statutory EU compensation.

StillWantingADog · 11/09/2023 08:00

Engine trouble clearly is the airline’s fault not sure how they could argue otherwise

ATC issues and weather are not

FakeFool · 11/09/2023 08:18

You would be entitled to compensation but I wouldn't use a claim company. It's easy to do yourself

Shimla999 · 14/09/2023 19:15

Many thanks for all the replies. I have applied for a refund for our tickets and compensation too through Vueling and am now waiting for a reply. I am going to hold off using a claim company for the moment. However, I hope they don't take too long. I am still waiting for a refund for a Ryanair flight I was unable to take due to COVID in April 2020! The flight was cancelled and I applied for a refund and never received it.

OP posts:
Chersfrozenface · 14/09/2023 19:20

Shimla999 · 14/09/2023 19:15

Many thanks for all the replies. I have applied for a refund for our tickets and compensation too through Vueling and am now waiting for a reply. I am going to hold off using a claim company for the moment. However, I hope they don't take too long. I am still waiting for a refund for a Ryanair flight I was unable to take due to COVID in April 2020! The flight was cancelled and I applied for a refund and never received it.

As I say, keep in mind Resover https://www.resolver.co.uk/rights-guide/flight-delays-cancellations

In time they can escalate to Aviation ADR.

It worked for me, eventually

Shimla999 · 14/09/2023 19:36

BeccaBean · 09/09/2023 17:29

Yes, if you arrived later than 3 hours after your scheduled arrival time and the delay was caused by the airline you should. It should be a quick, easy online claim process. We applied for compensation with Lufthansa after missing a connection after the first flight was delayed due to arriving late at the departure airport due to logistical reasons and we got a positive confirmation to our online claim within 48 hours and the cash paid a few working days later.

It sounds like Lufthansa is a lot more efficient than Vueling! Our cancelled flight was a week ago and I applied as soon as we got home. I still have no news - they simply say "Your claim hasn't been reviewed yet, but one of our agents will do it shortly. Once it's been resolved we'll contact you by email." So, let's hope they don't take long. We definitely arrived more than 3 hours after the scheduled arrival time. In fact, we arrived almost 24 hours later!

And yes, they can't say it wasn't their fault - if their plane doesn't work due to engine failure (whilst on the ground before the flight), they can't blame anyone else or the weather. Plenty of other planes were flying that day.

OP posts:
Shimla999 · 14/09/2023 19:39

Chersfrozenface · 14/09/2023 19:20

As I say, keep in mind Resover https://www.resolver.co.uk/rights-guide/flight-delays-cancellations

In time they can escalate to Aviation ADR.

It worked for me, eventually

I will keep them in mind, many thanks! Did they charge a lot for this service? You said it took a year even with their help - wow! I might be in or a long wait then. As I said, I still haven't received a refund for a 2020 Ryanair flight cancelled due to COVID! I must complain to Ryanair and apply for that again.

OP posts:
notimagain · 14/09/2023 19:46

@BarbaraofSeville

The airline should have contingency plans in place to deal with engine failure - a spare plane they can call on and they didn't, so the delay was their fault (they might not agree, but that's the rule).

You're right, them's the rules, but some of the thinking behind 261 is a bit ideal world, to say the least.

If I'm understanding the situation the OP was in correctly I suspect there would have been little to zero chance of Vueling getting a spare aircraft to Edinburgh in time to beat the 3 hour EU261 trigger, so they would have been on the hook for comp anyway, whether they had a contingency plan or not....

Chersfrozenface · 14/09/2023 23:34

Shimla999 · 14/09/2023 19:39

I will keep them in mind, many thanks! Did they charge a lot for this service? You said it took a year even with their help - wow! I might be in or a long wait then. As I said, I still haven't received a refund for a 2020 Ryanair flight cancelled due to COVID! I must complain to Ryanair and apply for that again.

Neither Resolver nor Aviation ADR charge at all

If the airline doesn't respond to Resolver, or if you're not happy with the response, your case can be escalated to Aviation ADR.

If AADR find in your favour, the airline has to pay you compensation. And you get every penny with no fees to pay.

Ryanair are notorious for dragging their feet. They would do the same thing with a claims company, but then you'd lose a percentage in fees to the claims firm.

FoodieToo · 14/09/2023 23:37

Go on to Live Chat with RA to resolve this ! If you go on early in the morning there won’t be much of a queue .

Chersfrozenface · 15/09/2023 09:56

FoodieToo · 14/09/2023 23:37

Go on to Live Chat with RA to resolve this ! If you go on early in the morning there won’t be much of a queue .

The OP flew with Vueling.

I mentioned Ryanair as that was who I flew with, but my point was to signpost to Resolver and Aviation ADR if the OP gets ignored, as I was.

In fact Ryanair ignored me on live chat, Facebook and Twitter, and then ignored me through Resolver. No response whatsoever

Shimla999 · 15/09/2023 10:57

Chersfrozenface · 15/09/2023 09:56

The OP flew with Vueling.

I mentioned Ryanair as that was who I flew with, but my point was to signpost to Resolver and Aviation ADR if the OP gets ignored, as I was.

In fact Ryanair ignored me on live chat, Facebook and Twitter, and then ignored me through Resolver. No response whatsoever

Yes, my original question here was about a Vueling flight. They have still not resolved the issue and will no doubt take a long time. However, my Ryanair claim in 2020 was ignored, so I'm going to have to try to contact them again - and will no doubt use Resolver. In fact, given that they don't charge for their service, I will probably use Resolver for both claims. Thank you all very much for this advice!

OP posts:
FoodieToo · 15/09/2023 11:01

Chersfrozenface · 15/09/2023 09:56

The OP flew with Vueling.

I mentioned Ryanair as that was who I flew with, but my point was to signpost to Resolver and Aviation ADR if the OP gets ignored, as I was.

In fact Ryanair ignored me on live chat, Facebook and Twitter, and then ignored me through Resolver. No response whatsoever

I thought she also said she was still waiting for a refund from a COVID flight with RA ?

FoodieToo · 15/09/2023 11:01

And was trying to help .

Shimla999 · 15/09/2023 11:48

FoodieToo · 15/09/2023 11:01

And was trying to help .

Yes, thanks - I am waiting for a refund for that too - thanks for your advice! When I get a moment, I must try to get that money back too. Ryanair are not the easiest company to get refunds from, it would seem!

OP posts:
FoodieToo · 15/09/2023 12:51

Funny I travel with them many times a year as we live in Dublin and have never had an issue . COVID refunds issued promptly etc .

Londonnight · 15/09/2023 13:01

Use Resolver. They are free to use. I used them for a BA flight a few years ago when they caused me to miss a flight. The first flight was hours late due to technical issues, meaning I missed my connecting flight [ also BA ]. BA denied all responsibility. I took it up with resolver and I got all my money back. It did take around 4 months though.

Shimla999 · 15/09/2023 13:11

I'm going to try Resolver this afternoon as soon as I get a moment, for both Ryanair and Vueling - the sooner the better by the sounds of things! Thanks again for the recommendation!

OP posts:
aussiegonewrong · 15/09/2023 20:15

A similar thing happened to me with vuelling
They were so bad with replying to emails and I think they just hope you will give up and go away , I didn't and persevered but it took months before I finally got the compensation
So keep at it and good luck

Shimla999 · 15/09/2023 20:50

aussiegonewrong · 15/09/2023 20:15

A similar thing happened to me with vuelling
They were so bad with replying to emails and I think they just hope you will give up and go away , I didn't and persevered but it took months before I finally got the compensation
So keep at it and good luck

Thanks! Yes, I imagine they hope you will give up. But I won't! Did you get a refund and the compensation? Was yours due to technical problems with the plane?

OP posts:
Smurf123 · 15/09/2023 20:57

I'm still waiting on response from Aer Lingus from a cancelled flight in December last year. We applied right away and have heard nothing yet.. Been escaped through resolver now too but still waiting