Compensation for delayed flights Discussion Area

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  • JPears
    JPears Posts: 5,086 Forumite
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    Justice13075 wrote: »
    SJE_111

    I believe they are wrong. I found this on the Citizens Advice Bureau web site.

    For the EU law to apply, one or both of the following must apply:

    your flight is departing from the UK, European Union (EU), Iceland, Liechtenstein, Norway or Switzerland

    Quite clear me thinks.
    Or perhaps not. reg 261/2004 makes no mention of the inclusion of Switzerland in the regulation, and I don not think it is party to the EU treaty. The OP will have to rely on the primciple of single ticket, orginatiing flight departing an EU airport.
    If you're new. read The FAQ and Vauban's Guide

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  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    I found this on This Is Money website

    EU261/2004 applies to any flight leaving an EU airport and any flight into the EU on an EU-based airline.

    It is important to remember that.

    The ruling that outlines these rights is Regulation (EC) 261/2004 and it applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and run by an EU/EEA or Swiss airline.

    This flight was leaving a Swiss airport.
  • JPears
    JPears Posts: 5,086 Forumite
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    My point is that the regualtion makes no mention of Switzerland as a memeber state or otherwise. It maybe similar to Norway and Sweden in that the EU regulations for certain aspects of business and commerce are applicable. But knowing the Swiss, I susepct not....
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  • jonesygeez
    jonesygeez Posts: 15 Forumite
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    Hello

    Is there any way I can find the exact reason for the delay they are stating the above and getting out of compensating us for a 4.5 hour delay!?
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    Post your flight details and the reason they say you are not due compensation
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    I posted something in the Norwegian thread but I wondered if anyone had any thoughts on this claim. I was flying from the US to Copenhagen with Norwegian (so into an EU airport with an EEA airline). The flight was delayed for over 24 hours. The reason given at the time by the pilot was that there was a problem/warning light related to the plane's computer system. We sat on the tarmac for about 5 hours then had to leave the aircraft before flying back the next day.

    I complained and they have cited "extraordinary circumstances". The exact reason they've given is that there was a "possible fault with the aircraft that was later dismissed after inspection". That doesn't appear to meet extraordinary circumstances on any level that I can see, particularly as the pilot made it clear this was an internal problem and not one caused by external factors (e.g. the ground crew at the airport doing something incorrectly).

    I wondered if this is first worth pursuing further and second what the best regulator would be to approach (I figured the Danish regulator as it was going into Copenhagen but not sure if this is a good idea). Many thanks in advance for any advice.
  • razorsedge
    razorsedge Posts: 344 Forumite
    edited 6 October 2016 at 12:47PM
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    JPears wrote: »
    My point is that the regualtion makes no mention of Switzerland as a memeber state or otherwise. It maybe similar to Norway and Sweden in that the EU regulations for certain aspects of business and commerce are applicable. But knowing the Swiss, I susepct not....


    There is some information here about the Swiss adoption of EU261/2004:
    http://flygadvokaten.com/your-right-to-compensation-for-flight-delay-and-flight-cancellation/

    The European Commission also list the NEB for Switzerland (with respect to EU261/2004) here:
    http://ec.europa.eu/transport/sites/transport/files/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

    Swiss Air conditions of carriage Article 16 also mentions EU261/2004:
    https://www.swiss.com/ch/EN/terms-conditions/conditions-of-carriage/article-16

    "For flights departing from an airport in Switzerland or in the EU, you as a passenger have in case of over booking the rights as established in EC-Regulation 295/91. If EC-Regulation 261/2004 is applicable, your rights are subject to this regulation."

    HTH
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    gordon_harris wrote: »
    I posted something in the Norwegian thread but I wondered if anyone had any thoughts on this claim. I was flying from the US to Copenhagen with Norwegian (so into an EU airport with an EEA airline). The flight was delayed for over 24 hours. The reason given at the time by the pilot was that there was a problem/warning light related to the plane's computer system. We sat on the tarmac for about 5 hours then had to leave the aircraft before flying back the next day.

    I complained and they have cited "extraordinary circumstances". The exact reason they've given is that there was a "possible fault with the aircraft that was later dismissed after inspection". That doesn't appear to meet extraordinary circumstances on any level that I can see, particularly as the pilot made it clear this was an internal problem and not one caused by external factors (e.g. the ground crew at the airport doing something incorrectly).

    I wondered if this is first worth pursuing further and second what the best regulator would be to approach (I figured the Danish regulator as it was going into Copenhagen but not sure if this is a good idea). Many thanks in advance for any advice.

    Hi Gordon,

    It's definitely worth pursuing as their excuse is not an EC.

    You could involve the Danish regulator or you may be able to use the ESCP, see the link to the good Dr's guide on the Ryanair thread.

    http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,086 Forumite
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    razorsedge wrote: »
    There is some information here about the Swiss adoption of EU261/2004:
    http://flygadvokaten.com/your-right-to-compensation-for-flight-delay-and-flight-cancellation/

    The European Commission also list the NEB for Switzerland (with respect to EU261/2004) here:
    http://ec.europa.eu/transport/sites/transport/files/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

    Swiss Air conditions of carriage Article 16 also mentions EU261/2004:
    https://www.swiss.com/ch/EN/terms-conditions/conditions-of-carriage/article-16

    "For flights departing from an airport in Switzerland or in the EU, you as a passenger have in case of over booking the rights as established in EC-Regulation 295/91. If EC-Regulation 261/2004 is applicable, your rights are subject to this regulation."

    HTH
    Thank you. I stand corrected.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • nyck
    nyck Posts: 147 Forumite
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    Our claim was turned down by easyjet , so going to the next step to claim via CDER
    Theres a £25 fee if you lose ,is that per a person or per a booking
    There were 6 people on our booking
    thanks
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