Flight delay compensation, all other EU airlines

yakimov85

Hi,
I'm new here, and lookign for some advice (thank you in advance). Recently I was delayed 5 hours flying back from Bordeaux to Gatwick via easyjet. I followed the advice on the MSE delayed flight compensation guide (phoned up twice and sent cover letter) and was told that my case is put on hold until a supreme court ruling has been made to clarify rules about "technical issues".

Reason for my delay was Staff out of hours - so the plane intended for Bordeaux never departed it's previous destination because the crew couldn't fly...This in no way or form sounds like a technical issue to me! Anyway, feels like I'm being tricked here, is there anything I can do???
Thanks
Alex

dxc_chappie

yakimov85 wrote: »

Anyway, feels like I'm being tricked here, is there anything I can do???

Yes, first thing to do is read the FAQs, then send an NBA then start a court claim. Alternatively hand over your claim to a NWNF company.

A knock-on delay caused by a technical problem on a flight different to yours is not extraordinary circumstances and cannot be used to refuse a claim.

damianevans

Hi Everyone

I was on the above flight that was delayed by 5 hours. I used the template letter to claim the flight compensation and received the following reply:

Thank you for contacting Customer Relations Department. We would like to firstly take this opportunity to express our deepest apologies for all the inconvenience encountered during the delay of our flight W6-1309 on the 28th of July.

In accordance with our General Conditions of Carriage and the operative EU regulations, in case of more than 2 hour delays, Wizz Air shall reimburse passenger's extra costs such as meals, refreshments and two brief telephone costs in reasonable relation to the waiting time upon reception of supplementing invoices.

As for the additional expenses listed above, we kindly ask you to forward invoices as an attachment to your reply email so that we can determine a possible compensation.

I would like to inform you that the delay was caused due to bird strike, which was absolutely outside of our control. Please note that according to the list prepared by the European Commission bird strikes are treated as extraordinary circumstance as happened in this case. Please find enclosed the list of extraordinary circumstances.

Based on the above, Wizz Air is not obliged to issue the compensation for the delayed flight in this case.

I understand that a bird strike is an extraordinary circumstance, but does it have to be your plane that is hit to count one? So for example, if an earlier flight was hit, does mean I can't be compensated?

Also, for some reason don't believe their excuse. Does anyone know if bird strikes have to be reported to the relevant Aviation authority?

Thanks!

111KAB

Yes bird strikes SHOULD be reported in the UK to the CAA however you do not mention the routing for your flight. The European list they refer to is a load of rubbish and has zero legal standing. IMO a bird strike is not an extraordinary circumstance rather a regular commonplace occurrence.

damianevans

111KAB wrote: »

Yes bird strikes SHOULD be reported in the UK to the CAA however you do not mention the routing for your flight. The European list they refer to is a load of rubbish and has zero legal standing. IMO a bird strike is not an extraordinary circumstance rather a regular commonplace occurrence.

The flight was from Warsaw Chopin [WAW] to London Luton [LTN]

System

111KAB wrote: »

Yes bird strikes SHOULD be reported in the UK to the CAA however you do not mention the routing for your flight. The European list they refer to is a load of rubbish and has zero legal standing. IMO a bird strike is not an extraordinary circumstance rather a regular commonplace occurrence.

The list may not have any legal standing but you appear to be in a very very small minority that thinks a birdstrike is not extraordinary. I am sure that there is more chance of a court agreeing with the NEB list than listening to 111KAB's inexpert testimony based on opinion.

Birdstrikes are not regular commonplaces occurrence and UKBSC figures bear this out.

ETA.
I realise that it is not binding in the UK but it will sway the courts. The German Supreme Court considers birdstrike as an extraordinary circumstance
http://www.iftta.org/news/german-supreme-court-bird-strike-constitutes-extraordinary-cicumstances

damianevans

Latest from Wizzair.

I asked them for the time and location of the strike so that I could confirm it with the relevant Authority.

It looks like I've hit a brick wall with this one:

In regard to your question, I would like to inform you that our explanation regarding the reason of delay is based on reports provided from the airport. Please note that we are not entitled to undermine information provided by these operations reports. Please also note that the airport reports are classified and cannot be displayed to the general public. We are ready to provide documentation of the flight upon request from the authorities empowered to control air carriers.

111KAB

For you information the following has been accepted by a UK court re the occurrence of UK bird strikes.


http://www.caa.co.uk/docs/2008/srg_aats_ukbirdstrikes_2011-2013.pdf

dzug1

111KAB wrote: »

For you information the following has been accepted by a UK court re the occurrence of UK bird strikes.


http://www.caa.co.uk/docs/2008/srg_aats_ukbirdstrikes_2011-2013.pdf

So what's the conclusion from that? It's just data, meaningless on its own.


Accepted as evidence of what?

System

It is still an occurrence that is totally outwith the control of airline, manufacturer, airport, aviation authority or anybody else apart from the bird involved, can not be predicted and can not be prevented. In that respect it is therefore considered an extraordinary occurrence

ETA
The graph you show is for ALL birdstrikes or suspected birdstrikes reported as MORs. Not all birdstrikes cause the aircraft to be grounded for extended checks repairs.

By their nature the majority of birdstrikes will be recorded from smaller airfields that do not have bird control systems apart from a guy that wanders out with a Very pistol if they see a flock. Most of these birdstrikes although reportable will be low speed to light aircraft causing minor cosmetic damage.

With jet aircraft there is a greater danger of damage to the engines due to the 9 foot diameter of a e.g. modern RR Trent turbofan intakes. Any hit on these is a mandatory blade inspection and even possible engine change.