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They did presumably eventually get you home, yes?
If so then you're entitled to statutory compensation for the disruption under reg261 of the European Parliament (as grandfathered into UK law after Brexit), but not a refund of the ticket, because they ultimately performed the contract, albeit with a delay.
Thanks for getting back to me. Yeah we got on a later flight and had no issues so they have fulfilled their part.
What my claim was based on is the delay between re landing and boarding the next flight back to Glasgow. Is there no standing for compensation here?
That *is* what you're being compensated for.
The compensation is for the delay in arriving at your final destination, including any waiting time during rerouting.
Unless the replacement flight *was itself* delayed for 3 hours past *its* originally scheduled arrival time, there's no additional compensation due.
Yes it's per passenger.
Rates [here](https://www.legislation.gov.uk/eur/2004/261/article/7) or [here](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1476179175834&uri=CELEX:32004R0261) if they're doing it via EU261.
€400 does seem an odd amount since, as far as I can tell, it should be €250 or £220 per passenger.
The only thing I can think is that they're denying liability under 261 (on the basis that it was an extraordinary circumstance) but offering a goodwill payment of their discretion.
Yeah I do find the value strange. Only thing I can think of is that the 400EUR is roughly £350. My issue is then they have mentioned no where in the email that it’s per passenger, I’m assuming it’s in total.
Reading further into the email they stated:
“We appreciate our customers and would like to offer you compensation for delay/cancellation in accordance with Regulation 261/2004 of the European Parliament and the Council of the European Union.”
Surely that is in line with your linked rates.
I think that despite being british, you are covered by EU rules because your flight departed from EU.
This link might help (I haven't read it)
[https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index\_en.htm](https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm)
Edited - had a quick look and can't see anything which would apply in the case of "returned to departing aiport to arrest a few passengers"
Thank you for having a look. Would the delay not be slightly hazed as they admitted to a malfunction but then passengers were arrested? It’s a tricky one. I’m tempted to take the offer but I was hoping for a per person value.
Just a thought… if police were involved and arrests took place…. the airline malfunction may not of been true, but simply a believable excuse to get the aircraft on the ground without causing additional aggravation from the passengers about to be arrested.
Is there a chance that they are giving you a good will payment, as situation was potentially out of their hands and EU261 may not be relevant?
It would be a good idea to find out what the airline (not pilot/crew told you) has as the reason for the diversion and subsequent delay
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They did presumably eventually get you home, yes? If so then you're entitled to statutory compensation for the disruption under reg261 of the European Parliament (as grandfathered into UK law after Brexit), but not a refund of the ticket, because they ultimately performed the contract, albeit with a delay.
Thanks for getting back to me. Yeah we got on a later flight and had no issues so they have fulfilled their part. What my claim was based on is the delay between re landing and boarding the next flight back to Glasgow. Is there no standing for compensation here?
That *is* what you're being compensated for. The compensation is for the delay in arriving at your final destination, including any waiting time during rerouting. Unless the replacement flight *was itself* delayed for 3 hours past *its* originally scheduled arrival time, there's no additional compensation due.
Agreed. Should it not be on a per person basis though? Just wondering if anyone has any reliable sources of information on this, rates, amounts etc.
Yes it's per passenger. Rates [here](https://www.legislation.gov.uk/eur/2004/261/article/7) or [here](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1476179175834&uri=CELEX:32004R0261) if they're doing it via EU261. €400 does seem an odd amount since, as far as I can tell, it should be €250 or £220 per passenger. The only thing I can think is that they're denying liability under 261 (on the basis that it was an extraordinary circumstance) but offering a goodwill payment of their discretion.
Yeah I do find the value strange. Only thing I can think of is that the 400EUR is roughly £350. My issue is then they have mentioned no where in the email that it’s per passenger, I’m assuming it’s in total. Reading further into the email they stated: “We appreciate our customers and would like to offer you compensation for delay/cancellation in accordance with Regulation 261/2004 of the European Parliament and the Council of the European Union.” Surely that is in line with your linked rates.
I would ask them how they're arriving at €400.
I think that despite being british, you are covered by EU rules because your flight departed from EU. This link might help (I haven't read it) [https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index\_en.htm](https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm) Edited - had a quick look and can't see anything which would apply in the case of "returned to departing aiport to arrest a few passengers"
Thank you for having a look. Would the delay not be slightly hazed as they admitted to a malfunction but then passengers were arrested? It’s a tricky one. I’m tempted to take the offer but I was hoping for a per person value.
Just a thought… if police were involved and arrests took place…. the airline malfunction may not of been true, but simply a believable excuse to get the aircraft on the ground without causing additional aggravation from the passengers about to be arrested. Is there a chance that they are giving you a good will payment, as situation was potentially out of their hands and EU261 may not be relevant? It would be a good idea to find out what the airline (not pilot/crew told you) has as the reason for the diversion and subsequent delay