Chances for getting recompensation for bad/no treatment and getting sick due to delayed/cancelled flight

Chances for getting recompensation for bad/no treatment and getting sick due to delayed/cancelled flight - Person Holding Green and White Plastic Cup

Flight delayed for 7 hours (3 of them inside the plane) due to missing crew members, then cancelled due to "bad weather" (probably not true as a later flight, same airline+destination left the airport that night).

We had to sleep in the airport, because it was announced that there are no more hotels available. There were camp beds, but we were only able to get them because we were travelling in a bigger group. Some passengers slept on the floor or elsewhere. We went to bed at around two o'clock after waiting hours in the queue, trying to get a refund or something.

The thing is, my girlfriend has a sensitive stomach. Unexpectedly we had to get meal and later dinner at the airport, both of which didn't bode too well with her stomach. She was okay until around midnight. When going to bed she vomited a bit and then tried to sleep, but couldn't due to the uncomfortable beds and her stomach. I tried to get some rest, but she was vomiting more or less the whole night. At around 3:30 she went to the bathroom, and when she came back, she looked really weak and I was getting really, really worried about her health and if she would even be able to get the flight in the morning. So we went to the airport clinic, where they gave her a few pills that didn't help too much either. After that we went straight to the terminal and waited for the flight (4 hours); she didn't want to lay down as she started feeling dizzy when doing so due to lack of sleep, stress, and her general condition. Also, we didn't know if they would cancel our flight again, as later there was announced that there were strikes... turned out that that was the case on another airport, but it got us really worried, especially my girlfriend.

She got better after the flight, which tells me that it was due to the circumstances and not her beeing ill from before the whole thing happened.

So my question is: Assuming that the airline is actually at fault for the delay, do you think we have any chances of success demanding compensation for her suffering at the airport, either by contacting the airline directly or via a specialized 3rd-party site? If yes, how much would be reasonable? We have the medical report from the clinic. Also, we will demand compensation for the delays and cancellations, and for the constant misinformation or lack of information. Even if they say it was the weather, this smells like an excuse.



Best Answer

I have no doubt that the airline will decline your compensation demands and claim the delays were caused by exceptionally bad weather. If you decide to proceed with your demand, I would even assume (but IANAL) that a court ruling would agree with the airline.

It did snow exceptionally much in Munich last Sunday. I was there. The weather did not only restrict operations at the airport, but the weather had also severe impact on rail and road traffic. Many trains were delayed or even cancelled. I drove by car from Berlin to Munich that day and it took me about four hours longer than usual.

I am sorry to hear about your girlfriend's health issues, but I do not really see anything the airline could have done much better in this situation. It does not mean anything that other planes were allowed to depart. Bad weather can restrict the airport's capacity without it being necessary to close completely, which in practice means that some flights, but not all, have to be cancelled.




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Does my delayed flight qualify for compensation?

If you are connecting on a different airline, airlines are not required to provide compensation if a delay on the first flight causes you to miss your connection. However, if your first flight is delayed for more than 3 hours, you may be entitled to compensation from the airline that caused the delay.

How much compensation can I get for a Cancelled flight?

U.S. flights: maximum compensation by type of delayNew flight arrival timeCompensation (% of ticket price)Maximum payoutBetween 1 and 2 hours after original arrival (1 to 4 hours for international)200%$675More than 2 hours after original arrival (more than 4 hours for international)400%$1,3501 more row•Oct 11, 2021

How many hours does your flight have to be delayed to get compensation?

If you arrived at your final destination with a delay of more than three hours, you are entitled to compensation (unless the delay was due to extraordinary circumstances, like terrorism.)



How to get compensation for delayed or canceled flights




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Anna Tarazevich, Piyapong Sayduang, Mikhail Nilov, Mikhail Nilov