Flight delay compensation, all other EU airlines

Murphya795

Hi all,

Long time forum reader, first time poster

I booked a flight with Primera Air in April 2018 which was delayed by x number of hours and was due to receive compensation, but they have since gone under and I'm new to the Section 75 rules

I paid on a credit card and have email confirmation from Primera the compensation was due, I completed the forms they sent out to me but unfortunately that was the last I heard

The credit card agent I spoke to kept referring to the transaction on my statement, but didn't seem to understand I'm owed compensation, not a refund

The flight booking was over £100 (as is the compensation) so I'm confident the value is sufficient to be covered and the payment was direct to Primera Air, no 3rd party involved

Would my credit card supplier be liable for my compensation now or have I missed my chance? Sadly I don't remember arranging travel insurance (I know...)

Any help would be great!

JPears

If you have evidence of the intended payout from Primera, I would have thought that as they have breached contract, the obligation now passes onto the credit card company. If you have tried via telephone without sucess, I would suggest it is time to use written letteer or email where ytou can explain yourself in full, with a paper trail.
Start asking the credit card company about referral to the FOS if you get no joy.

Caz3121

as per this article you can register as an unsecured creditor (likely not get anything - as pretty common when airlines go bust)
https://www.moneysavingexpert.com/news/2018/10/primera-air-collapses---latest-info-and-your-rights/

jpsartre

Has there been any reports of anyone successfully obtaining EU compensation from their creditcard provider after an airline bust? If it was possible it seems to me such cases (and this option) would be well-publicised.

Murphya795

Spoke to them on the phone again this afternoon and they've asked me to send everything in the post. It may take some time but I'll let you know if I have any luck

I had a good dig through the internet and found very little about this as an option

Thanks for the advice

clairelow

Last August we fly from Miami to Madrid . Then when we arrived in Madrid to fly home to London the 24 passenger who were also connecting were sent to the wrong gate . By the time Iberia realised the plane had left without us all . I used the resolver and got nowhere at all with Iberia who just kept sending standard letters saying it was not there fault I thought I then took it to the caa however they told me I had to go to the Spanish avaiation authority as Iberia were Spanish . Our claim has been in with them since Oct 2018 and nothing has happened . If I am lucky enough to recieve a reply to my email I just keep getting told they are waiting to hear back from airline . At my wits end as as far as I can tell we are due the compensation for missed connection flights . Where can we go from here ???? Any help would be really appreciated

Outlaw91

Hi All,

Would appreciate some help with Vueling airlines if possible.

Was on a flight from Barcelona to Gatwick last Monday (28th May) which was delayed by over 4 and a half hours (yay!). I submitted my claim to Vueling who responded pretty quickly to say that it was situations outside of their control.

I then asked for them to confirm what these reasons were as we received emails from Vueling during the delay to state that the problem was for operation reasons. I have received the below response from Vueling which I find to be unacceptable as they have not given the reason....!

I am wondering what my options are here in terms of getting a proper response from Vueling / escalating the claim. There were no strikes, no weather issues etc.

Thanks in advance

"Regarding your claim for compensation, Vueling has studied your case, which falls within the scope of application of Regulation (EC) No 261/2004 and the development of case law from the EU Court of Justice, in depth.

We are sorry to inform you, however, that according to the information on our systems, your flight was affected by operational reasons, which were outside of Vueling’s control and therefore an exceptional circumstance not attributable to Vueling. As a result, and in accordance with the case law from the EU Court of Justice, you are not entitled to compensation on this occasion.

Due to the nature of the event, Vueling was not able to avoid the problem because it was caused by unpredictable and inevitable circumstances beyond Vueling's control, which means that Vueling was not able to put any additional measures in place to try to minimise the inconvenience. Therefore, we must respectfully deny your claim for compensation."

Tyzap

Outlaw91 wrote: »

Hi All,

Would appreciate some help with Vueling airlines if possible.

Was on a flight from Barcelona to Gatwick last Monday (28th May) which was delayed by over 4 and a half hours (yay!). I submitted my claim to Vueling who responded pretty quickly to say that it was situations outside of their control.

I then asked for them to confirm what these reasons were as we received emails from Vueling during the delay to state that the problem was for operation reasons. I have received the below response from Vueling which I find to be unacceptable as they have not given the reason....!

I am wondering what my options are here in terms of getting a proper response from Vueling / escalating the claim. There were no strikes, no weather issues etc.

Thanks in advance

Hi,

Operational reasons are not normally classed as ‘extraordinary circumstances’ plus they are not giving a satisfactory answer.

Ask them if they have an ADR service to refer your claim to, nothing showing on the CAA website, or go via a NWNF solicitor or MCOL.

Good luck.

danielleb89

Hi,
Last August I was catching a connecting flight in New York to London via Norwegian. They delayed the flight by 12 hours (leaving me stranded at the airport) and then cancelled it. They found a flight to put me on that evening which made a stop in Sweden, whereas the original flight was direct to London. It was pure hell, Norwegian gave me a small food voucher for NY airport but nothing for the stop in Sweden (which was 4 hours).
I made a claim to Norwegian who rejected it, saying the delay and cancellation was out of their control, despite the numerous text messages I was sent saying it was a flight technical issue.
I then made a claim through ODR and another resolution site who have both closed the cases as Norwegian never responded.
Please could someone explain what other options I have?

thanks
Danielle

DrA_Harrogate

Norwegian Air are registered in the UK (Company 09360346) and their address is:


First Point, Buckingham Gate, London Gatwick Airport, Horley, Gatwick RH6 0PP


so you need to fire off a NBA (Notice before Action Action) via Recorded Delivery letter, prior to using the Small Claims Court using the internet (MCOL).


Vauban's Guide will -um- guide you through the process.