Flight delay compensation, all other EU airlines

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  • wigstar1
    wigstar1 Posts: 13 Forumite
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    Hello, I have been trying to get compensation from Wizz Air for a delayed flight for a week now and they just keep coming back to me stating 'The Montreal Convention'. Here was their original response after sending them the template letter.


    "
    Firstly, please accept our apologies for the delay of our flight.

    With regard to your message, I regret to inform you that as claimant’s flight took place in July 2011 we are no longer liable for the flight irregularities.

    The Montreal Convention (Article 35(1)) established liability for carriage limits at 2 years counting form the date of the intended flight. Please find the applicable part of General Conditions of Carriage which follow the provision of Montreal Convention:

    18.3 LIMITATION OF ACTIONS
    According to the Convention, any right to damages shall be extinguished if an action is not brought within a period of 2 years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

    As the flight date in this particular case was in July 2011 carrier’s liability expired in July 2013. I am sorry, but we cannot consider the claim favorably after this period of time.

    Thank you for your understanding."


    I have been back to them a few times now stating the claim is being made under 'EC Regulation 261/2004' but they keep coming back and saying the same.


    Any ideas or help would be gratefully received.


    Thanks
  • JPears
    JPears Posts: 5,086 Forumite
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    Look up Thomson 2 yr rule- all will be explained. Whizz are talking legal BS and this was confirmed on 31/10/14.
    Or try reading Vauban's guide FULLY
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Domrepub11
    Domrepub11 Posts: 2 Newbie
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    Hi, this is first time I have used forum. Can anyone advise me if I would qualify for compensation. In 2011 we were 2 hours into flight to Dominican Republic when our plane was turned around and returned to UK as there was a technical problem, it was fixed at Manchester but resulted in appx 5hr delay in arriving at destination. I have also tried to get details on flight status, but it just comes up status unknown. I would be grateful for some guidance .
  • JPears
    JPears Posts: 5,086 Forumite
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    Take note of my sig?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • wigstar1
    wigstar1 Posts: 13 Forumite
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    JPears wrote: »
    Look up Thomson 2 yr rule- all will be explained. Whizz are talking legal BS and this was confirmed on 31/10/14.
    Or try reading Vauban's guide FULLY


    Having already read this... I have indeed gone back to them stating I know my rights on the timings, however they are saying they only work under the Montreal Convention and the EC Regulation 261/2004 is only applicable in court.


    Thanks
  • JPears
    JPears Posts: 5,086 Forumite
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    THen there is your answer - take them to court. Or walk away. They cannot "choose" which laws apply to them.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • wigstar1
    wigstar1 Posts: 13 Forumite
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    JPears wrote: »
    THen there is your answer - take them to court. Or walk away. They cannot "choose" which laws apply to them.



    Thanks again for your wisdom. What I was looking to see was if there was anyone else who'd had any success against Wizz Air without going down the court route? Or if anyone out there was facing the same blocker and had any success getting round it?


    Thanks
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Wizz Air have told you to take a running jump. If you're not prepared to take them to Court, then you have no other option.
  • wigstar1
    wigstar1 Posts: 13 Forumite
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    Bravo. Yet another response relline me what I already know. I will leave my postsup in the hope of someone with some 'actual knowledge' of Wizz Air may respond.

    Sorry to be blunt but you seem to be treating people like idiots. Not very friendly!
  • Olim
    Olim Posts: 7 Forumite
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    Dear All,
    I have read the FAQ and almost all the threads, I do get a bit confused with it all.

    I wrote to Aer Lingus in Dec 2012 :

    Dear Sir or Madam,

    Re: Compensation claim for delayed flight
    Booking reference: 27HU7J

    I am writing regarding flight E109005 on Saturday 27 August 2011 from Malaga to London Gatwick with the scheduled departure time of 15.30 .This flight arrived 7 hours late at London Gatwick.

    The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

    The passengers in the party were Mr x, Dr x, Miss x, Master x, Miss x .

    My scheduled flight length was 1640 km , therefore I am seeking €400 per delayed passenger in my party. The total is 2000 Euos for all passengers.



    They never replied. I rewrote to them and received this on Oct 10 2014 :

    Dear Mr. X

    Thank you for your correspondence.

    Our understanding of the effect of the judgement, to which you refer, is that technical problems which come to light during maintenance of the aircraft, or on account of failure to carry out such maintenance, do not constitute in themselves "extraordinary circumstances".

    However, The European Court in the case you refer to, did not rule out (and expressly stated), that technical problems are covered by "exceptional circumstances", to the extent that they stem from events which are not inherent in the normal exercise of the activity of the airline concerned, and are beyond its actual control.

    The decision to delay a flight is never taken lightly as the safety of our passengers and crew is of paramount importance to Aer Lingus and nothing we do will detract from this in any way. This particular flight, EI905 on 27/08/2011, was delayed on the grounds of an aircraft technical problem which was only apparent prior to operation of the flight and as a result had to undergo an unscheduled maintenance.

    Again, I regret I cannot accede to your request for compensation in this instance.


    With the latest ruling, with Jet 2 and the definition of Extraordinary circumstances, can someone please give me some guidance to the wording of a new letter that I can now send to them to reconsider, before I consider the CAA.
    I really appreciate all the help on this forum, just reading it has been so helpful .
    Many thanks
    Olim
    Life is like a boomerang, you get what you give ...:o
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