4

My flight from Tenerife south to Gatwick had to make an emergency landing due to technical issues in Porto Santo. We were delayed getting back to Gatwick by 9 hours (finally landing at 00:30, thereby incurring an £80 taxi fare home) whilst waiting on a replacement plane to collect us. The airline initially tried to deny me compensation erroneously claiming I was "a member of staff".

Now they are saying as the flight is less than 3500 km I can only receive €400 regardless of the 9 hour time delay. Is this correct or should I receive €600?

7

Yes, they are correct.

This chart shows how much compensation you can claim:

image

(image source)

The distance from London to Tenerife is under 3000 km, around 2900 km. Therefore you can claim €400 even for a 9 hour delay.

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  • Don't forget the limit applies to compensation only. Reasonable costs incurred, which the airline must also meet, are not part of that.
    – MadHatter
    Jun 25 '20 at 9:20
  • @MadHatter yes, by reasonable costs do you mean the taxi fare etc.?
    – Xnero
    Jun 25 '20 at 9:21
  • I did, but I'm struggling to find a reference. Costs due to delayed departure are supposed to be met, but I'm not yet so sure about delayed arrival. Sorry, my bad.
    – MadHatter
    Jun 25 '20 at 9:24
  • (+1) @MadHatter Case law extended these rights and I think a case could be made that article 9 assistance (refreshment, phone calls, even hotel rooms if the situation had lasted longer) should have been provided at Porto Santo even if the departure was on time. The problem with the OP's taxi ride is that it occurred after they finally reached their destination. Missed long-distance trains or expensive cruises do not fall within the scope of this “right to assistance” either.
    – Relaxed
    Aug 16 '21 at 8:32
  • @Relaxed feel free to post pointers to case law regarding that last sentence. I, for one, would find them most useful.
    – MadHatter
    Aug 16 '21 at 8:38

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