Flight delay compensation, all other EU airlines

DIYBaldyman

Marcus-H wrote: »

I think when I submit my evidence - I will submit it with a Letter Before Action notice.

Reading the EU website, I can take them to court in the UK.

Good idea, saves you waiting longer if they fail to respond to your LBA.

A point to note though, do you know what the actual cause of the delay was? Just playing Devil's Advocate, it wouldn't surprise me in the least if Enter Air's next response claims that the technical fault with the aircraft was 'extraordinary circumstances'.

Keep the forum updated & I'm sure everyone here will assist further if needed. Good luck!

Justice13075

If they come back with Extraordinary circumstance then the only course of action you are left with is to issue court proceedings. They will only tell you then when they submit there defence to the court

Marcus-H_2

DIYBaldyman wrote: »

Good idea, saves you waiting longer if they fail to respond to your LBA.

A point to note though, do you know what the actual cause of the delay was? Just playing Devil's Advocate, it wouldn't surprise me in the least if Enter Air's next response claims that the technical fault with the aircraft was 'extraordinary circumstances'.

Keep the forum updated & I'm sure everyone here will assist further if needed. Good luck!

For an unexpected technical reason.

Sofia Airport provided us with screenshots by email from their management system, so no wriggle room on the landing or parking times.
They tried it on with Power of Attorney - So I knocked up a quick letter & got everyone to sign one via Adobe Echosign. Which has been accepted by the airline.

This is what they requested in the first email "Dear Sirs,

Please be informed that no information will be given unless you submit the power of attorney to represent each of following Passengers. Please, also send us copies of their boarding passes from the specific flight."

Christopher39

On Nov 29th, our 10PM flight from Copenhagen to London was delayed by 4 hours. After 2 hours of the delay we rebooked onto a new flight the following morning and then booked into a hotel near the airport for the night.
Our flight the following morning was on time.
My assumption is that I can reasonably claim for the hotel expense but am not entitled to compensation for the flight delay. Is this correct?

Vauban

Christopher39 wrote: »

On Nov 29th, our 10PM flight from Copenhagen to London was delayed by 4 hours. After 2 hours of the delay we rebooked onto a new flight the following morning and then booked into a hotel near the airport for the night.
Our flight the following morning was on time.
My assumption is that I can reasonably claim for the hotel expense but am not entitled to compensation for the flight delay. Is this correct?

No. You are entitled to duty of care costs as well as €250 - assuming the delay wasn't caused by extraordinary circumstances.

JPears

Read Vauban's most excellent guide. It dpends on the reason for the delay or cancellation. was the flight delayed or cancelled and why?

Marcus-H_2

Swissport decided to hide behind DPA. But will release the info to EnterAir.
I have sent EnterAir a 14 day notice before action, inc. the email from swissport with their contact details. EnterAir reply is

Please note that according to the polish law under which Enter Air acts the air carrier is not obligated to keep the list of passengers on board once the flight is done. Regarding to The Civil Code of the Republic of Poland -“Article 6. The burden of proving a fact shall lie with the person who asserts legal consequences arising from this fact.”



Please provide us with the documentation you have been asked for such boarding passes etc.


Have told them flight operated from uk, delay was in UK, etc. And any court case will be here in the UK, so their article 6 law is not uk law.

Marcus-H_2

Ok, not sure what to do from here.
Cant find an ENTER AIR UK Address (they say on their websit enter Air has six permanent operational bases in Europe:
Frederic Chopin Airport in Warsaw,
Katowice-Pyrzowice Airport,
Poznań-Ławica Airport,
Wrocław Airport,
Paris-Roissy-Charles de Gaulle Airport
and Manchester Airport.)

I have looked at the ESCP however my claim is for a group of 22 who travelled. So well above the €2000 limit.

Should I just go to an ambulance chaser?

David_e

Marcus-H wrote: »

I have looked at the ESCP however my claim is for a group of 22 who travelled. So well above the €2000 limit.

No knowledge of ESCP but if the limit is a problem, could you not just split the party into 2 (or 3 or ...) groups? A pain but if it gets the job done?

Marcus-H_2

I could, but now going to wait to see what CCA have to say.
I am one of 4 who has their boarding pass - the other 18 dont. However they have not paid out for the 4 who do have a boarding pass. So quite clearly they got no intention of paying & know how difficult it can be to claim for us to Brits. Even if it goes to court & we win, then how do we enforce payment from there?