Flight delay compensation, all other non-EU airlines

Justice13075

Did they put you up in a hotel and provide all your food and drinks minus alcohol

Walker70

I've managed to access my email from Norwegian Air after getting my pc fixed, they quote EU Regulation 261/2004, so not sure what to do next?:

Thank you for contacting us with your claim.

Unfortunately, Norwegian flight DI7108 (LAS-LGW) 20.12.2018 was cancelled. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Flight disruption information

Norwegian flight: DI7108 (LAS-LGW) 20.12.2018
Disruption type: Cancelled
Reason for disruption: This disruption was caused by closure of London Gatwick airport due to drone activity.

Unfortunately, we're unable to cover the expenses claimed as we're not liable for such costs. For information regarding the legal basis for the reimbursement of financial losses in the event of a flight disruption, please see below*.

We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.

Kind regards,

The Customer Relations Team

* Legal basis for the outcome of flight disruption claims

In the event of a flight disruption, we will always provide assistance (e.g. overnight accommodation, meals, telephone calls, transport) according to EU Regulation 261/2004. In the event that a passenger incurs such costs during a disruption, we will reimburse within reasonable limits if the expense was deemed necessary and an itemised receipt can be provided. We will not reimburse such costs if the passenger did not allow us the opportunity to provide this type of assistance, or if the costs were incurred following a missed onward flight with Norwegian in a separate booking, or if the alternatives available to the passenger were not suitable. We're also unable to refund the cost of our ticket if the passenger travelled on the disrupted flight. A refund of the Norwegian ticket will only be provided if the flight is cancelled or delayed by 5 hours or more and the passenger chose not to travel. If the passenger is entitled to a refund of a new ticket (with Norwegian, or another carrier), we will only refund the cost of the new ticket, or the difference between the new ticket and the Norwegian ticket if the Norwegian ticket has been refunded.

Any consequential losses incurred as a result of the disruption will only be reimbursed if the reason for the disruption is within our control. If we do not consider that adequate measures have been taken by the passenger to ensure that they will reach pre-booked arrangements (e.g. connecting transport, accommodation, events etc.) we will not cover these costs even if the disruption is within our control. Likewise, we're unable to cover consequential losses that cannot be documented, expenses that the passenger would have incurred even if the flight had not been disrupted, or unnecessary legal representation for the submission of such claims. According to the Montreal Convention and the decision made by the Norwegian National Enforcement Body in case 1222/2016, the passenger is not entitled to reimbursement of consequential losses if all reasonable measures were taken by the airline to avoid the technical difficulties that caused the flight disruption. According to EU Regulation 261/2004 Article 12, extra costs not directly associated with the provision of assistance outlined in this regulation may be deducted from standard compensation. For more information regarding your rights, visit Norwegian rights link.

The outcome of this claim is based on the confirmed reason for the disruption of the flight/flights in question and can be used for insurance purposes if necessary.

If you are not happy with the outcome, you can refer your complaint to AviationADR. This is a free to use service approved by the UK Civil Aviation Authority to provide dispute resolution services and an independent view of your complaint under the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015. You will need to refer your case to them within 12 months of receiving this correspondence.

You can submit your case to: aviation link. Alternatively, your case can be addressed to: AviationADR by email or post (email: aviation email, post: AviationADR, 12 – 14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes MK12 5TW UK).

We are also required to inform that an Online Dispute Resolution (ODR) platform has been set up by the European Commission providing access to alternative dispute resolution. We are currently not subscribed to the ODR platform and any complaints or claims submitted here will not reach us.

Tyzap

Hi Walker70,

Over the expenses claim, they seem to have immediately contradict themselves. Firstly refusing your claim, then stating...

"In the event of a flight disruption, we will always provide assistance (e.g. overnight accommodation, meals, telephone calls, transport) according to EU Regulation 261/2004".

The law (EU261) says they must pay all reasonable, but essential expenses incurred while waiting for them to get you home.

The fact they did nothing to get you home earlier is their problem, they didn't help or make any arrangements for you, and so they must pay the costs you incurred.

I suspect the flight leaving LGW to pick you up may have been cancelled due to the airport closure and you were possibly delayed as a knock on of that. As I believe it is only a weekly flight, that also feeds into the length of the delay and the lack of any alternative arrangement made by them.

I'm sure that if the flight out to you had arrived as scheduled they would have then departed back to LGW as scheduled, sorting out where to land once they approached the UK.

It looks like you best way forwards now will be via AviationADR for your expense and compensation claim (if you decide to claim for it)

Good luck.

Harrison18

Yes, they did put us up in a hotel but provided nothing at the airport.

The worst part was the lack of information and representation from Eva Air. On the first night we should have departed at 21.20 and were eventually told we would be staying in a hotel overnight and to go to baggage reclaim.

They then disappeared and we were wandering around Heathrow at midnight trying to find someone. Eventually we asked a security guard who said he saw some buses waiting and pointed us in the direction.

We got to our room (we were one of the first) at 3am. Similar pattern the next day, we sat on the aircraft for 2 hours and then told to leave as the crews' flying hours had expired.

Walker70

Many thanks Tyzap


I have sent an email mirroring what you highlighted and they have come back and asked for clarification of the US Norwegian Air number I called.


I feel quite relaxed that we will get a positive outcome on most of our expenses (accommodation and food) which was not extensive.


Fingers crossed, I will update as and when, thanks again to you and the other contributors on this board.

Jolgier

So me and my girlfriend had booked a flight from Auckland to Kuala Lumpur via Gold coast with AirAsia.

Everything was fine until we came to check into our flight for the next day. We were told then that the route had been discontinued and was no longer operating.

Obviously this came as a shock to us.

This would have been fine had they let us know as we could have bought new flights. However we had received no notice whatsoever from them that the flight had been cancelled.
We are currently trying to speak to someone to get this issue resolved but all we get is the usual fobbing off and promises to be contacted which then fall through.

Basically since it was outside the EU we dont seem to have any legal standing but I thought I would check here to see if anyone has any advice

Thanks for any replies.

Jamie

Justice13075

You are correct outside the EU. You could check with the Australian equivalent of the CAA.

Tommo99

Hi all,

We had an Air Europa flight from Madrid to Quito delayed last summer (more than six hours; about eight). There was a problem with our aircraft and we had to wait for a replacement. I tried to seek compensation through Resolver, but the airline gave me a vague and generic apology and then have flat out ignored me since. I can't escalate it any further on resolver.

What do you think I am best doing next?

JPears

Hi. Resolver is just a letter writing exercise, no more.
Your next step is to download Vaubans most excellent guide on how to make your claim.

Tommo99

Great, thank you. Looks like a Letter Before Action is next! I'll give it a go.