Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
Excel Airways
205 Posts
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Hi

Sorry to hear you had a bad time.

This should be in the Holiday complaints forum i think, it might get moved soon.
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From the Safe and Sound Brochure written by Travel Law Solicitor Ros Fernihough and available exclusively online here at Holiday-Truths.

NEW LEGISLATION IN FORCE with effect from 17th February 2005 relating to air passenger delays and overbooking

The European Union has agreed a new law which will give passengers on flights more rights in respect of delays. The new rules for compensation are as follows:

1. Delayed flights:

The European Parliament has voted to increase the levels of statutory compensation paid to passengers who have been bumped from overbooked flights. This scheme is also extended to cover charter flights booked as part of a package holiday. The scheme has bitterly been opposed by budget airlines such as Easyjet and Ryanair, however the EU Transport Commissioner Loyola de Palacio stated that the new regulations would also oblige airlines to call for volunteers to give up their seats in exchange for advantages and only if insufficient volunteers came forward would they be allowed to deny passengers boarding against their will.

As well as financial compensation, passengers who are bumped will continue to have the choice of a refund of the cost of their ticket or an alternative flight, together with meals, refreshments and hotel accommodation if the alternative cannot be arranged until the following day. These provisions are included in the current EU Denied Boarding Compensation Scheme which date from 1991. The compensation scheme is extended to cover all charter flights including those sold as part of a package holiday.

Passengers of EU carriers returning to the EU from a third country, if that country has no compensation scheme of it's own in place, are also covered. Under the terms of the 1991 regulations airlines were not obliged to compensate passengers bumped from flights departing from non-EU countries.

Furthermore the new levels of compensation will apply to cancelled flights by airlines or tour operators on their own responsibility unless the passenger is offered an alternative leaving at a time very close to that of their original flight, or has been informed of the cancellation at least two weeks prior to their intended departure.

There will be no statutory compensation for passengers whose flights have been delayed but airlines will be obliged to offer meals, refreshments and hotel accommodation where applicable together with a refund, if the delay lasts for at least 5 hours.

The new rules will be phased in and will be fully applied by 2005.

(a) after a delay of 2 hours on a flight up to 1,500 kms; 3 hours on a flight of 1,500 - 3,500 kms; 4 hours on flights longer than 3,500 kms - passengers will be entitled to free food, drink, phonecalls and emails
(b) after a delay of 5 hours passengers will receive a full refund if they decide not to use the flight
(c) if a flight is delayed overnight passengers are entitled to free hotel accommodation

2. Cancelled flights

(a) If a flight is cancelled passengers will be entitled to a full refund
(b) Except in extraordinary circumstances airlines must inform passengers of cancellations more than 2 weeks before departure. Compensation for failing to do so is paid on top of the refund which is as follows:

(All compensation quoted in Euros - see below £ sterling equivalent)

For cancelled flights and/or denied boarding:

Shorthaul under 930 miles ... ...............£172.00
Mid-range under 2,175 miles .............. £275.00
Long-haul over 2,175 miles ................. £412.00

It would appear that unlike the rules concerning delays, airlines will be able to avoid paying compensation for cancellations if they are due to exceptional circumstances which could not be avoided by them taking reasonable action - this could include bad weather and strikes by Air Traffic Control, Political instability or Terrorists threats. However it does NOT include technical problems on aircraft -



FIVE STEPS TO CLAIMING COMPENSATION for overbooking or flight delays

1. Prior to travel, obtain Air Passenger Rights Leaflet available on http://www.europa.eu.int/comm/transport/air/rights/index-en.htm.

2. Request that the airline representative give you written details of your rights explaining how to obtain compensation. The regulations require that the airline give this information to all passengers.

3. Set out your claim in writing.

4. If your claim for compensation is rejected then contact the Air Transport Users Council in writing or by telephone at:

45-59 Kingsway, London, WC2B 6TE Telephone No. 0207 240 6061

5. The Air Transport Users Council will be able to assist you on your behalf in order to try to negotiate an agreement between yourself and the airline. If there is no agreement reached and the airline refuses to pay you compensation then the matter will be placed in the hands of the Civil Aviation Authority who have the power to prosecute an airline. It can impose a penalty of £5,000 per case for failure to comply with the legislation.

6. The airline also has to reimburse you your air fare within 7-days if you have chosen not to fly because of the cancellation or the delay. You can have vouchers rather than money but only if you agree to this.

These new rules cover all charter flights, scheduled flights and low cost budget airlines. The criteria for claiming compensation is that the flight must be departing from an EU airport or flying into the EU on an EU airline.

Passengers who are delayed or have their flight cancelled are entitled to complimentary refreshments. On a short-haul flight if the delay is more than 2 hours, on a mid-range flight 3 hours or more and on a long-haul flight 4 hours or more. If the delay is excessive then passengers are also entitled to overnight accommodation, including a transfer to the hotel free of charge, or the airline must find alternative transport for the passengers to reach their final destination.

In the case of a flight being overbooked the airline have to ask for volunteers to give up their seat first. Any passenger who agrees to this can opt for cash benefits as well as the option of either a refund of their ticket with a free flight back to their point of departure or a later flight to their destination but they are not entitled to the additional compensation as specified above. However if a passenger is "bumped" against their will they are entitled to the compensation as specified above.

It is highly likely that in the case of delay airlines will try and avoid liability as there is within the regulations a get-out clause which allows the airline to avoid compensating passengers where the reason for the delay or cancellation is outside of the airline's control. For example adverse weather conditions, industrial action by airline staff or simply Air Traffic Control delays or overloads are all examples where compensation would not apply.

Airlines also will not have to compensate the passengers if they give 14-days notice or more regarding a cancellation or they provide a re-routed flight. So whilst these regulations give passengers enhanced rights that they previously did not have it is not compensation for every circumstance. Passengers should therefore collect all the relevant information together before considering whether it is appropriate to make a claim.


. Q. What happens if I arrive at the airport and find that my flight is delayed and I cannot start my holiday for 24 hours

A. If your holiday was a package holiday and the flight delay was due to mechanical failure, in other words there was something wrong with the aircraft, then you should be able to claim from your tour operator for the amount of time that your holiday has been lost and the simplest way of doing this is to divide the cost of your holiday by the number of days which is usually, 7, 14 or 21. You then have the daily rate of your holiday and you multiply the daily rate by the number of days you have lost. So if your flight delay cost you 1 or 2 days holiday then you either claim 1 or 2 days loss of your holiday from your tour operator as compensation. However you must note that if the loss is as a result of something unconnected with the tour operator, such as adverse weather conditions which is classed as force majeure such as snow, etc. or an outbreak of war or hostilities or strikes by third parties unconnected with the airline or the tour operator, then you will be unable to recover anything.

Most tour operators will allow you the option of cancelling your holiday if the delay has been more than 24 hours but they will usually have in their booking terms and conditions a clause which allows you to do this and you can then recover the cost of your holiday. You must read the small print however very carefully as some reasons may be excluded and not all tour operators have the same terms and conditions.

If your flight is delayed you can also claim for such things as hotel accommodation, meals, drinks (excluding alcohol), telephone calls, faxes etc. You should therefore keep all receipts for anything purchased during the period of time that you have been delayed.

Please note, if you are also claiming on a travel insurance policy under the delay section, you will have whatever your insurance policy pays you deducted from your claim as under the rules of subrogation you cannot claim twice for the same loss.

If you are on a flight only and not a package holiday, you will not be able to claim the same sort of compensation from the airline as flight delays are covered by international law known as the Warsaw Convention now updated by the Montreal Convention which limits compensation claims by statute. You may however be eligible for the new compensation if your flight meets the relevant criteria.

If you are injured on board an aircraft or injured embarking or disembarking off an aircraft then there are also some special limitations which apply under the Warsaw Convention and the Montreal Convention. Please note that you have to make any claim under the Warsaw Convention within 2 years of the date of the incident.
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As we were abroad and had no choice but to take the fight provided 24 hours later does this mean that we are not entitled to a refund?
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Jinko, why not give Ros Fernihough a quick call to see what she has to say on 01922 621114.

I was actually in Paphos during that time, and a lot of people were put up in our hotel overnight until their flight was sorted the next day.

Many were complaining about the lack of communication.

Kath HT Admin
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We were told different stories throughout the course of the delay, apparently all 4 flights out on Manchester on 8th May were cancelled. The reason we were given on our return technical difficulties!! 4 planes experiencing technical difficulties on the same day?


I agree with you that it doesn't sound exactly plausible.

Did you travel as part of a package, or on a flight-only deal?

Excel airways are owned by the Libra Holiday group. If you travelled on a flight-only deal, Excel & Libra had 5 other flights flying back to Manchester on the 8th of May from Larnaca airport according to the timetables on Manchester Airport's web site.

Larnaca airport is not that far from Paphos. As it is not exactly high season, if I were in your shoes I would be questioning why you were not transferred to one of Excel's return flights to Manchester from Larnaca.

If you travelled as part of a package, then under the package travel regulations, the tour operator you booked with had a duty to take all reasonable care to minimise any delay and inconvenience to you.

Taking all reasonable care would include once again exploring the option of flying you back from Larnaca airport to Manchester instead, or putting you on a return flight operated by another carrier from Paphos at their expense if they were unable to fly you back on one of their own planes within a reasonable time period. A quick trawl of Manchester airport timetables revealed that as well as the Excel operated flights, there were 28 other flights which flew out to Paphos from Manchester on the 8th of May, and which presumably will have flown back to Manchester later in the day.

Either way, it sounds to me like you have a case for claiming compensation.
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Thanks Mrs J there are some really helpful comments there.

We booked our holiday through a company called Voyana who booked the flights and accomodation seperately. They booked the flights through a company called Freedom Flights and the accomodation through a company in Cyprus so we didn't go with a major operator as such so not sure if that makes the situation more problematic?
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If Voyana booked both flights and accommodation then they provided you with a 'package'.
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Should I be complaining to them rather than the airline then??
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As Kath says Jinko I would give Ros a ring. She is qualified in travel law and will give you free advice and point you in the right direction.
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Glynis has answered your question for you. As it says at the top of Voyana's Website "INDEPENDENT TRAVEL - EXPERTLY PACKAGED. "

You have been sold a package by Voyana, and you are therefore entitled to claim compensation from them under the Package travel Regulations for the loss and inconvenience you suffered.

If you paid by credit card, then the credit card company are also jointly liable under the Consumer Credit Act, and if this is the case, then I would recommend that you complain to them at the same time, also.
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Thanks everyone for all the help & advice.

Just to comment that the from Olympic Holidays was telling her customers to complain to Excel airways on their return & not to the tour operator
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Going by what Ros has said on the outbound flight I would assume that the T/O is also responsible for the return leg ie

Q. What happens if I arrive at the airport and find that my flight is delayed and I cannot start my holiday for 24 hours

A. If your holiday was a package holiday and the flight delay was due to mechanical failure, in other words there was something wrong with the aircraft, then you should be able to claim from your tour operator for the amount of time that your holiday has been lost and the simplest way of doing this is to divide the cost of your holiday by the number of days which is usually, 7, 14 or 21. You then have the daily rate of your holiday and you multiply the daily rate by the number of days you have lost. So if your flight delay cost you 1 or 2 days holiday then you either claim 1 or 2 days loss of your holiday from your tour operator as compensation. However you must note that if the loss is as a result of something unconnected with the tour operator, such as adverse weather conditions which is classed as force majeure such as snow, etc. or an outbreak of war or hostilities or strikes by third parties unconnected with the airline or the tour operator, then you will be unable to recover anything.


We were delayed in Menorca for 3 days due to a coach strike. We were put into a AI hotel and on return we claimed from our insurance. After the first 12 hours delay we became eligible for X amount per 12 hours I think it was.
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:evil: I may be able to provide more information to this delay. I was one of the 200 passengers stuck at Gatwick awaiting the Excel Airways 7.45am flight out to Larnaca Airport Sunday 8th May. At our 5.30am check in, we were advised that there was a delay with the flight and that we should watch the departure screens for further information at 7.00am. They could not advise me on how long the delay was. The 7.00am time came and went, this was then changed to 8.00am on the screens, at 8.30am, they then changed to 14.00. In the meantime the 10.45am Excel Airways flight to Larnaca was delayed to the same time. A quick discussion with the Check in staff and ServiceAir in the Check In area a Gatwick, we were assured that the flight would be leaving then and that the 10.45 flight would not depart before ours.
We then went through Passport control at 12.00, only to be advise that the flight had been delayed until 15.45, but the 10.45am flight left at 13.00 (with some of the passengers due to go on our delayed flight, but subsequently as we found out, without their luggage). With repeated requests to ServiceAir to discover what was happening (who knew very little of what was going on), we were informed that a Plane was being despatched from Manchester to Gatwick to collect us, and then we would be taken to Larnaca (this story was changed frequently, from the plane had left, to it was still at Manchester). ServiceAir informed us, that no representative from Excel Airways was prepared to meet with any of the passengers to inform what was happening.
At roughly 15.00 the chartered 747 landed at Gatwick and we were called to the departure gate, where we preceeded to sit for over an 1hour. During this period armed airport police arrived and when finally Excel Airways Management arrived, the entire flight was informed that the flight for today was cancelled, due to the pilot being out of flying hours (which was due to the 3hr delay at Manchester) and that it was his day off tomorrow and did not wish to cancel it. We were also informed that the problems Excel Airways was facing, was due to over running maintenance work on two aircraft (the 7.45 Gatwick flight and the 10.45 Manchester flight). The maintenance should have finished on Friday, but had overran, so in their foresight Excel had decided to charter a 747 from Atlanta Airlines, which had come from Madrid, to Manchester and then to Gatwick to collect us (remember the Manchester flight was 3hours after the Gatwick flight). The Airport Manager (with his armed Police escort), then informed the departure lounge that they would put us up overnight in a local hotel, with food and drink and that our baggage would be delivered to the hotel. Upon arrival at the Hotel (the Gatwick passengers arrived first, as the Manchester passengers were still aboard the plane), the Hotel Staff informed the passengers that they would provide accomodation and not food (the Excel representative seemed to have disappeared at this point) and that they could not start checking the passengers until everything could be finalised with Excel Airways. Another hour and half later I finally checked into the Hotel and received my £12.00 food voucher , I was at the front of the queue and dread to think how long it took everyone to check in, especially the Manchester Passengers who were at the end of this very long queue. Interogating the Excel Airport Manager, I was informed that the flight would be leaving the next day and that it would be going to my destination Airport. They also informed everyone that we would be receiving a letter from them explaining everything and providing information about our flight. Upon reciept of this letter the following morning, I was informed that the flight was going to Paphos airport and not Larnaca (Paphos was the destination of the Manchester flight). The flight finally left at gone 11.00am on Monday 9th May, with a scratched flight crew and pilot who normally flies cargo planes and not passengers (which would explain his near crash landing at Paphos airport, where the oxygen masks fell from the celling in a few rows - mine being one). When I finally got to my Hotel (I booked through Libra Holidays) a day and half later, I was informed by the Rep that I would be receiving a letter from Libra and Excel explaining what I had to do to claim a refund. Both Libra's and Excels letter stated that to claim compensation I needed to speak to my insurance company and not them.
I have flown many times, with many different airlines and can categorically state that I have never received such shoddy Customer Service or experience as I have with Excel Airways. I can understand that problems do happen and that instances like this will occur, what I cannot understand or condone is their sheer determination not to provide any information through out the day of what was going on and in some instances complete lies about what was happening. An example of this lies is that the passengers from Manchester were requested not to advise the Gatwick passengers that they were going to Paphos, whilst the Gatwick passengers were being told that the flight would be going to Larnaca.
Many people who I spoke to (it's amazing how talkative everyone comes after a 30hour delay) have stated that they will not be using Excel Airways again and I for one shall be one of these people. I would be more than happy to pay a premium or change my holiday if it meant using another airline or tour company.
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Thanks Santa that is very helpful. I have written to Excel to complain & ask for a refund & I am awaiting a response. They have acknowleged receipt of my complaint & said they will be responding within 15 working days.

It is useful to know about the captain. I thought it was strange when he didn't utter a single word on the flight which I have never come across before. The cabin crew were also the most miserable I have ever come across & everything was a real effort for them.

Have you made a complaint? Let me know how you get on.
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Santa
Further to your posting, I thought I would advise you of some details that happened to us. We were on the scheduled Manchester to Paphos flight. When arriving at Manchester and after checking in, we were advised of a two-hour delay. Flight should have been at 10.30am Sunday Morning 8th May. At 11.45 we were all called to the gate for boarding. Lots of hear say was going on and several ServiceAir reps appeared then disappeared. Tempers were starting to get a little high and at 1.15pm we were told that we were about to board. ServiceAir advised us that we were stopping in Gatwick, as the flight path could not be altered, and then we would be taking off as soon as we could. There was a further flight from Man to Gatwick that was cancelled by Excel; however, no passengers to my knowledge were on our flight to you in Gatwick. We were not told that we were picking you guys up until we arrived in Gatwick. On arrival in Gatwick and after 1.30 hours on the place, the cabin crew told us that some of the Gatwick passengers had "kicked off" when you were told you were flying to Paphos. Not Larnaca. In fact, their words were that a riot situation was in the making. We were not allowed off the plane, according to cabin crew, as the police and immigration officials would not allow the passengers of the two flights to mix. We were then served aeroplane food on the runway at Gatwick. After eating all of our food, we were told to disembarked the aircraft and then the excel rep came to talk to us. It was then that we were told the flight had been cancelled. I then made a mad dash into departures to try and find a flight Paphos and had missed one from Gatwick by 3 mins. We needed to get to Cyprus on Sunday as we had a very special wedding to attend on Monday 1.30 local time. So after missing the additional flight out, we went to Hilton for our room. We were at the back of the queue and it took just over two hours to get checked in. Whilst checking in, a fellow Man passenger was saying that he had overheard a conversation between the captain and excel and the captain was requesting us to fly out as long as Excel would guarantee him air space to fly back to the UK that evening. Excel would not guarantee this and the captain then took on another flight to Paris from Gatwick that evening. Excel then came back to him 30 mins later and told him they would guarantee the flight, but by this time it was too late. So we arrived at the resort at 7.00pmon Monday but missed the wedding. Something you may not be aware of is our flight back home on Sunday 15th May, was also delayed. We endured a 7-hour delay in Paphos back to the UK. We have had to take an additional days holiday each (thankfully we have understanding employers) and eventually arrived home at 6.00am Monday morning rather than the expected 10.30pm Sunday evening. I will now bee looking for compensation for the holiday and would appreciate if others looking for compensation can keep me updated on their progress.
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:x Steve & Matt
My family and I were on the same outbound and return flight as you with Excel and obviously endured the same appalling circumstances. I approached the travel agent for advice and they have suggested that I prepare a report detailing the events, stating loss of earnings, time lost, compensation required (in cash not holiday vouchers) and inconvenience caused. They have offered to act on our behalf and will be forwarding the request for compensation to both the tour operator and Excel. The more of us that complain the better chance we stand of receiving compensation. Will keep you posted.
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:evil: Just rec'd letter back from Libra. They basically state that "not our problem" very inpersonal letter, just referring to me as "the client"> they state that if I had taken holiday insurance with them, then they would pay out for any delay after 12 hours. I am about to write off again advising them my contract was with them for the holiday and their agent did not supply the flight. Anyone else heard anything about this dreadful delay??
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I have written to Excel Airways directly, I have had an e-mail back saying their response time is 15 working days so I should hear something next week.
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If all else fails, your solution will be the Small Claims Court. I have just managed to get £580 from Somak Holidays for a 24 hour delay to Mombasa. The Count Court locally have all the forms and are very helpful. It costs from about £30-£100 depending on how much you want to claim. Most companies settle before the case hearing. If you win your fee is returned. Mosy holiday companies treat delayed clients with contempt and you need to express this in your statement. Don't lie or exaggerate but point out all the unhelful and unacceptable actions of the tour operator. You don't need a soliciter, in fact the purpose of the court is to give the general public the chance to rake on the big boys.
It's a wonderful feeling when you win and get the cheque!!
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