Flight delay compensation, all other EU airlines

Justice13075

Download Vaubans Guide from the internet. On page 6 is a template letter giving them 14 days to pay. If they don't pay you can start proceedings against them in the small claims court. Lots of advice and help on this thread should you need to do that so don't panic.

Hbyers

my travel insurance doesn't cover for loss of, just for additional costs as a result of the cancelled flight therefore if I had had to pay out to stay the extra night in Dublin, this would have been covered but my lost expense on the hotel in Chicago that I had to pay but did not use was not covered. Had Aer Lingus cancelled the flight with more notice, I could have cancelled the night in the Chicago hotel at no cost - I had to pay out full cost of £239.55 for the room. Marathon entries for 2 of us were £326.86 so basically double the EU compensation is being sought.

jpsartre

Hbyers wrote: »

I had to pay out full cost of £239.55 for the room. Marathon entries for 2 of us were £326.86 so basically double the EU compensation is being sought.

That's unfortunate but Aer Lingus are under no obligation to refund those costs. How much compensation did you receive? If the cancelled flight was from Dublin to Chicago you should have received 2 x €600.

cherabelle

An update on my claim dating back to June 2018 which I had to take to SOP before I could issue court papers.

After a number of emails chasing the SOP I finally got an update saying EuroWings have agreed to a payout and they consider the case closed. EuroWings will contact me directly but it may take several weeks. (How long is a piece of string I assume).

All sounds very good BUT (there is always a but), ourcompensation should have been 250EUR per person as the flight was 567km simple maths tells me 500 EUR.... However EuroWings are offering me 472.69EUR to close the case. I appreciate it's only 27EUR but I am undecided whether I accept this and close the case or I should refuse and tell them to pay me the full 500 EUR and potentially have another really long wait. If this was a UK airline I would have no qualms about telling them where to go and that I look forward to seeing them in court should they decline, including the interest I would look to claim for the delay in getting to this stage etc. However I am up against an airline based in Germany and so don't know what I am in for.

It's more the principle that's holding me back, I am stubborn enough to say it's not right, imagine how much money they are keeping back if they don't pay out the right amount to everyone that is entitled? But is it worth the effort considering it's 27EUR? This all assumes they get in touch with me in a timely manner.

Those more experienced in this arena, what would you do?

JPears

Are you sure its euros, not £ sterling they are offering?
easyJet did the same to me in the preadjudication process with CEDR.
I pointed out an "offer" or negotiation was not part of regulation 261/2004, which clearly states the fixed amount paybale. My difference was £45 so I hung on for the full amount.
Still had to threaten court action even when adjudicator ruled in my favour.

cherabelle

Thanks JP, I did re-read 3 times as I thought they may have already converted but it 100% says 472.69EUR.

I wrote back to SOP and explained that it was not the correct payout as per the regulations and that I was not willing to accept a negotiation, they replied saying EuroWings have made an offer and they consider the case closed now.... Helpful Eh.

JPears

Looks like there isn't much you can do.
SOP and eurowings both clearly not abiding by the letter of the law.

Tyzap

cherabelle wrote: »

Thanks JP, I did re-read 3 times as I thought they may have already converted but it 100% says 472.69EUR.

I wrote back to SOP and explained that it was not the correct payout as per the regulations and that I was not willing to accept a negotiation, they replied saying EuroWings have made an offer and they consider the case closed now.... Helpful Eh.

I did wonder if it was a simple mistake of quoting € instead of £ but at todays exchange rate you should receive about £440, so it's not that simple.

I personally would not be happy about this situation and would go back to SOP with the details of the dodgy offer. If they won't help any further I would then look at the possibility of using MCOL. I'm sure a judge would look upon EuroWings unfavourably as the compensation amount is a fixed amount as prescribed by EU regulation 261/2004 and is obviously trying it on.

Good luck.

cherabelle

Thanks Tyzap.

I have decided SOP are not worth the time they take and actually don't even apply the law. Having re-read their email they have stated

"We would like to point out that this settlement between you and the airline Eurowings GmBH has been obtained as a quick resolution of your dispute without legal examination by the Sop.
Further proceedings will now directly take place between you and the airline".

I've written to Eurowings one further time explaining that the law states this is not a negotiation and that I will ensure I challenge them for the full amount. They have asked for my IBAN and BIC.... I have again told them I am only interested in a payment if it is for the full 500EUR.

What a palarva eh.

Justice13075

Compensation is €600 per person not €500.