Flight delay compensation, all other EU airlines

talltony_uk

Hello,

Im trying to get some additional advice on dealing with Norwegian Air. To keep this really simple I travelled to New York with my wife as a treat for her 30th Birthday (long weekend 2 nights). When we got to the Airport at silly O'clock we were greeted with sorry there is an 8 hour delay on your flight but don't worry you will be fully compensated and receive back 600 euros each.

We were treated to an airport voucher for food and then the most miserable flight ever on Wamos Air, no inflight entertainment etc etc cramped plane.

On return I submitted a form via the website Martin recommends but no response. It was escalated and escalated and nothing, so I phoned the airline and they told me the that their systems are not compliant with that website so it won't work. So I then re-submitted the claim to Norweigian who told me after a further 28 days or so that the conditions were outside their control and nothing would be issued.

So... not happy with the response I filled with ADR, they accepted the case, but after a few months I have heard nothing and no way of contacting them.

Please help, I would like justice. Extra info can be provided.

JPears

First of all you nshjould download Vaubans superb guide. Then make a large cuppa, a few biscuits and read through the process for a claim. Most if not all your answers can be found there.
You have discovered that resolver is a very broken system.

talltony_uk

Thanks JPears, could you please send a link as I cannot find this guide on the forums? Sorry.

JPears

google is your friend

LadyDee

talltony_uk wrote: »

Thanks JPears, could you please send a link as I cannot find this guide on the forums? Sorry.

Here you go OP https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

SarahHH70

Hi All, I’m new on here so apologies if I haven’t searched correctly to find answers to this already...
Please can anyone advise me as to whether I have a legitimate complaint for EU flight cancellation. A flight I booked with Iberia from Almeria to Manchester on 30th October 2018 was cancelled - the flight was via Madrid but booked as a single flight and the Madrid to Manchester leg had been cancelled. I wasn’t informed of this cancellation, but found out on the 22nd October by going on the Iberia website. I telephoned them and was advised there was no alternative flight and that I could get a refund and claim for compensation. I decided to take the refund on the 24th October.
I have made a compensation claim with Iberia who inform me that “After reviewing your case, it has been brought to our attention that our records show that your flight coupon was requested to be cancelled and refunded prior to your flight and therefore cannot process your request for a compensation”.
Is there a point of law that compensation cannot be paid if the refund has been given? And how can a flight coupon not be cancelled if the flight is cancelled? I had no choice but to do this as otherwise I would have had to take the Almeria to Madrid flight and wait there it’s a small child for 48hrs for he next available flight back to Manchester.
Thank you for any advice you can offer!

legal_magpie

As I understand it, and others will correct me, if they don't give you at least 2 weeks notice of cancellation, the airline MUST offer you a choice of a refund or to be rerouted at their expense, even if this involves their booking you on another airline. In your case, they didn't give you that option. They may argue that it's up to you to ask but that isn't right. It's up to them to offer. So, while you can't normally get compensation if you accept a refund, you are entitled in this case.

Tyzap

Hi SarahHH70,

Iberia should have contacted you and given you a triple choice. If a flight is cancelled, passengers are automatically entitled to their choice of

1) re-routing to the same destination at the earliest opportunity (under comparable conditions);
2) later rerouting, at the passenger's convenience, to the same destination under comparable conditions (subject to seat availability); or
3) a refund of the ticket as well as a return flight to the point of first departure, when relevant.

There are a few caveats...

Any ticket refund is the price paid for the flight(s) not used, plus the cost of flights already flown in cases where the cancellation has made those flights of no purpose. Where applicable, passengers are also entitled to refreshments, communication and accommodation as described below. Where re-routing is to another airport serving the same destination, the airline must pay for onward transport to the original airport or to a close-by destination agreed with the passenger. These choices, and the entitlement to refreshments, etc., apply to all cancellations, regardless of whether the circumstances are extraordinary or not.

At "the earliest opportunity" requires airlines to endorse a ticket onto another carrier if they don’t re-route you themselves.

The airline is also required to pay cash compensation as described below, unless one of the following conditions applies:

the airline notifies the passengers at least two weeks prior to departure
the airline notifies the passengers between one and two weeks prior to departure, and re-routes passengers so that they can:
depart no more than two hours earlier than scheduled, and
arrive no more than four hours later than scheduled
the airline notifies the passengers less than one week prior to departure, and re-routes passengers so that they can:
depart no more than one hour earlier than scheduled, and
arrive no more than two hours later than scheduled
the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.
The airline must also provide an explanation to passengers of alternative transport.

Iberia might argue that as you enquired 8 days prior to departure you were, at that point, officially notified of the cancellation.

Best way forward now would be to ask Iberia for a referral to CEDR and raise a case with them. You will need to give a full detailed explanation of the circumstances and ask for EU261 compensation and any additional cost and expenses that you incurred to get home .

Good luck and please let us know how you get on.

SarahHH70

Hi Legal Magpie and Tyzap, thanks so much for taking the time to reply, what you’ve said is very reassuring, I’ll definitely keep you posted. Thanks again!

Mattyorchard

7 of us used Enter Air airline from Bristol to chambery for a ski trip after an epic week of skiing on the return flight 10th February there was an hour delay and everyone’s hold bags were unloaded and left in Chambery, due to a head wind.
Still haven’t had our bags delivered as yet one week on and my travel insurance doesn’t pay compensation on return flight to the UK.
Should we by entitled to compensation from Enter Air Airline?