How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua, Lawyer
Category: Law
Satisfied Customers: 26215
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
Type Your Law Question Here...
Joshua is online now

Travelling to the state's from Edinburgh my flight was

This answer was rated:

Travelling to the state's from Edinburgh my flight was cancelled 2 days in a row.
Assistant: Has anything been filed or reported?
Customer: I have contacted United Airlines for compensation under regulation EU262/2004. They say that I'm only entitled to comppensation for 1 day as it was the same delay. The first delay which we were told about at the check in desk was due to the aircraft still being in US. Delay on the second day we were informed at the boarding gate that the aircraft had hydraulic problems
Assistant: Anything else you want the Expert to know before I connect you?
Customer: I think that's it

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify for the avoidance of any doubt (though I have very little) this is not a situation where you were booked on a flight and then cancelled due to delay and rebooked and paid again for a second flight which was also delayed? I believe I am correct to understand from what you say that you held a ticket to fly on the original plane and that was delayed twice and eventually you flew but still under your original booking and payment?

Customer: replied 2 months ago.
that's correct. I only made 1 booking.

Thank you. The compensation provisions relate to a your ticketed to contract as opposed to the actual aircraft involved. In other words your rights to compensation derive from your contract (ticket) with the airline for each leg of the flight. So in this case you have a right to compensation on the way out and way back (providing in the latter case it is an EU regulated airline).

From what you say you had a thoroughly miserable experience involving two cancellations. However because the second flight was still provided under the original booking (i.e. it was not a new booking you had made after cancelling the first) it does not give rise to a second head of compensation as you hoped. Your compensation for this delay would be calculated by comparing the time you were supposed to originally arrive with the time you actually arrived. The situation would be the same even were you to have suffered several more cancellations on this leg I fear.

The only way I am aware you can claim more than once for effectively the same trip is to cancel the original booking obtaining a refund and then making a new booking which is also cancelled by the airline.

I fear thererfore in these circumstances you are likely to be limited to one claim for compensation though this should be for themaximum amount of 600 Euros. You should however also be able to claim for two nights of accomodation if it was required and/or transportation costs, and food and drink vouchers for both days.

I am very sorry this is unlikely to be the information you were hoping for and I do hope you ultimately had a good trip. Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: replied 2 months ago.
That's great thank you

A pleasure - If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua and 2 other Law Specialists are ready to help you