Flight delay compensation, all other EU airlines

NoviceAngel

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Dr_Watson

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NoviceAngel

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jaffabum23

I have just received a letter back from aerlingus regarding the flight compensation they stated the following

We are in receipt of your correspondence
Please accept my sincere apology for Aer Lingus flight not having met your expectations during your travel with us on . I am very sorry for the inconvenience and disappointment, which resulted from the disruption to from Orlando to Dublin.
The decision to delay a flight is never taken lightly as the safety of our passengers and crew is of paramount importance to Aer Lingus and nothing we do will detract from this in any way. This particular flight, was disrupted due to weather conditions.
Aer Lingus have previously issued travel vouchers for the amount of eur€100.00 to under booking We have arranged a travel voucher for you, for eur€100.00. towards the cost of any Aer Lingus flight service.
The eVoucher is valid for a year from the date of issue, and you must ensure that you are among the named passengers in the booking in order to validate the voucher value.
Please be advised that the airline is not liable for compensation claims in this instance as the weather on the day in question resulted in the cause of the flight disruption, these are considered "extraordinary circumstances" which were beyond the control of the airline We strongly suggest that you contact your personal travel insurers if you wish to pursue this matter. We will be happy to liaise with them as required.
I sincerely hope that you will be able to view your experience on this occasion as exceptional, and that you will afford Aer Lingus the opportunity to serve you again in better circumstances in the future.

This is what happened we were boarded on this flight on the 23rd December 2014 they told us that the wings were frozen then they added more fuel trying to defrost the ice they then sprayed water on to the wings then we were left on the plane for 4 hrs before being taken of flying out 15 hours later.
There was no de-icing machine at Orlando International airport they said. Their section in the letter states weather conditions but the temperature in Orlando was 15 degs.

Thanks any one any ideas what to do now.

glentoran99

You cant claim if your delay was because of the weather im afraid

sethcapes

Hi,

Ppologies if there are readily available answers to my questions. I've read through what I can but am unsure of next step.

I put in a compensation claim to Wizz air in November (after the appeal was thrown out of course). They refused it due to the following basis:

"Thank you for your reply.

I would like to explain that delay was caused by sudden technical failure. To operate without repair would consist a safety hazard, and safety must always come first, even before punctuality. The damage was found during flight operations and not during a regular maintenance rending it impossible to depart on time. Please kindly note that we tried our best to operate our flights with causing minimum damage to our passengers, we believe the fault could not have been predictable and this flight delay was absolutely outside of our control.

Please note that according to the decision of Judgment of the Court of Justice in Case C-549/07, technical problems are regarded as vis maior to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. In such cases compensation may be refused.

An air carrier is not however obliged to pay that compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

As for the reports you have requested and category of extraordinary circumstances - let me inform you that they are considered classified due to commercial reasons, and consequently we will not be able to provide those documents for you. We will gladly provide all the documentation regarding the delay of your flight to relevant authorities if needed.

In the light of the above, we maintain our standpoint that no compensation is due. The decision of Wizz Air was based on the facts and in accordance with the above mentioned regulations.
Thank you for your time and understanding."

Since this refusal I have written to the CAA who said they will look at my case. I have since written to them two more times enquiring on timescales and have had no response.

I have a couple of questions:

1. Do they have an argument in denying the case?

2. What are my best options now given the delay in reply from CAA. Is court the best option?


Thanks in advance for response.

Caz3121

https://forums.moneysavingexpert.com/discussion/5173888
everything should be covered in Vauban's excellent guide
also you will see that CAA is a waste of time, you may get them to agree with you (after many months of waiting for a response) but they cannot force the airline to pay up
Court is likely to be your next step if you believe you have a valid claim

TheBee

My Daughter was due to fly to Iceland but there is a 9 hour flight delay. I would expect some sort of compensation as it amounts to a whole day of the holiday being missed.
Issue is - how do you find out the cause of the flight delay?

NoviceAngel

TheBee wrote: »

My Daughter was due to fly to Iceland but there is a 9 hour flight delay. I would expect some sort of compensation as it amounts to a whole day of the holiday being missed.
Issue is - how do you find out the cause of the flight delay?

Start by reading Vaubans guide.

mjan

Hi all,

I read the guides and been in contact with Tap Portugal but getting nowhere.

Delayed flight in July, first letter sent to London office in October and LBA sent in December. No reply to any letters until a template email received today with the usual crap about exceptional circumstances (without saying what actually happened) and sorry nothing else we can do.

I'm losing patience and have a claim already filed in on MCOL website just waiting to press the submit button.

Shall I give them another chance to explain themselves or just go ahead with the court claim?

Just need a nudge in the right direction

Thanks