Flight delay compensation, all other EU airlines

big_sved

Thank you for your email dated 29 December 2015.

We wish to express our regret that you were affected by the cancellation of flight LH210 on 21 December 2015 due to Air Traffic Control Restrictions. For the inconvenience caused, we would like to offer our most sincere apologies.

Of course, we do everything in our power in order to adhere to our flight schedule and to spare you from waiting. We are very sorry when delays occur in some isolated cases despite our efforts.

As is usual in air traffic, aircraft are used according to a fixed rotation plan. Unfortunately aircraft can be delayed for many different external reasons, such as, for example, airspace congestion or bottlenecks caused by official requirements. Regrettably, this was the case with your flight LH210. This is how the aircraft used for your flight landed behind schedule. As a result it was impossible for your flight to depart.

Since air traffic safety is always the first priority, such situations unfortunately cannot be prevented and lie outside the sphere of influence of the airlines. However, in such exceptional cases, you can rest assured that we, and everyone involved, do our best to ensure you reach your destination as quickly as possible.

Since the delays were caused by unusual circumstances which could not have been prevented although all feasible measures were taken, we appreciate your understanding that we are unfortunately unable to comply with your request for compensation. We are conforming to the stipulations of Article 5 Paragraph 3 of European Union Regulation 261/2004 in this matter.

Although we are unable to give you the answer you had hoped for, we would be pleased to welcome you on board a Lufthansa flight again soon. You can rest assured that we will do our utmost to ensure your journeys proceed smoothly.


Yours Sincerely,
Andrea Fuertes

JPears

bumped housekeeping

richardw

Finnair http://m.taloussanomat.fi/palvelut/2016/03/16/finnairin-uusissa-koneissa-poikkeuksellisia-vikoja-asiakkaat-haluavat-korvauksia-myohastymisista/20162996/12

In Finnish, please use translate.google.com for a translation to English.

JPears

The scandi Jet2 resistance?

ukste

On 15 Feb we were due to fly at 12 noon from Liverpool to Bucharest on BlueAir. The flight was delayed due to a technical problem with the aircraft. The flight eventually left at 20.30 hours and arrived in Bucharest in the early hours of Tuesday morning; approximately 8+ hours late.

BlueAir gave us two each £10 vouchers for food at Liverpool airport. The following day an email arrived from them apologising for the delay and offering Euros 100 discount each off of another flight/s with them until late October of this year, as a gesture. I chose to write via their website's online form and I refused their offer and instead requested that they pay us Euros 400 each under the EU compensation arrangements.

In all I've written to them via their website four times and on each occasion they acknowledge receipt by providing a fresh reference number. Each time I write I list all of these reference numbers and I enclose all of my previous messages.

Last week they sent a second email with their offer of Euros 100 discount but they made no reference to my emails to them, nor did they quote any of their own reference numbers.

I get the distinct feeling that BlueAir hope that this is going to go away. But it isn't.

So then, is it a bit too early for me to press this further and what would you advise to be the next move?

DrA_Harrogate

As you probably know, technical problems are scarcely if ever 'extraordinary'. So have a good read of Vauban's excellent guide (google if you cannot locate here) then fire off an 'NBA' letter. These days this can often do the trick, but if not opt for the DIY route via MCOL, or use a NWNF lawyer.

ukste

DrA_Harrogate wrote: »

As you probably know, technical problems are scarcely if ever 'extraordinary'. So have a good read of Vauban's excellent guide (google if you cannot locate here) then fire off an 'NBA' letter. These days this can often do the trick, but if not opt for the DIY route via MCOL, or use a NWNF lawyer.

Many thanks. I've read and digested Vauban's guide.

I can see that there is going to be a good deal of difficulty here due to the fact that this airline is headquartered in Romania. Interestingly, Bottonline.co.uk, the star performers in these cases, would not handle it even if I wanted them to. I can only presume from this that it is due to the fact that BlueAir are headquartered outside of the UK and so they feel unable to persue the case quite so readily in a foreign domain.
Also it is worth noting that the ability to successfully bring a case anyway is biased against the passenger since the airline is not forced to reveal the reason for a delay until the point at which a court summons is issued.

DrA_Harrogate

Options: locate a UK address for the company if there is one (this gives the bailiffs stuff to take away), or pursue via the Romanian authorities (gulp). If you can find them!

ukste

DrA_Harrogate wrote: »

Options: locate a UK address for the company if there is one (this gives the bailiffs stuff to take away), or pursue via the Romanian authorities (gulp). If you can find them!

I've forwarded this to the UK CAA. Let's see what they come up with. I'm not so sure that BlueAir have much in the UK, but you're right in that if they do have an office there might be enough kit there to sieze in the event of a bailiff visit.

Alan_Bowen

I fear Blue Air are aware of your limited opportunities to sue. They have no offices or assets in the UK, the charter flights are contracted for tour operators by an air broker close to Gatwick, but they represent many airlines and are not the airline office. It seems Blue Air got close to collapse a few years ago and the actual company operating is now Airline Management Solution SRL, best of luck, I think you will need it