Flight delay compensation, all other EU airlines

JPears

bumped to tidy board

robert32

Hi there,


Couldn't see an existing thread for a Wizz Air flight.


Anyway, booked a Doncaster to Wroclaw flight for a Thursday, but two weeks later was told route had been changed to a Tuesday. Have been given options of:


1. 100% refund
2. 125% refund in Wizz Air credit
3. Move dates




I have since booked a separate flight from Newcastle to Wroclaw, whilst I try to come to a satisfactory conclusion with Wizz Air.


I had booked train tickets to get to Doncaster, which are now useless - can I claim compensation for this?


Also, are the airline not obliged to set up an alternate route to same destination? Can I get a refund to cover my new flight if more expensive?






Thanks,


Rob.

jpsartre

robert32 wrote: »

1. 100% refund
2. 125% refund in Wizz Air credit
3. Move dates

That pretty much exhausts your options. You can argue that Wizzair should offer rerouting on another carrier under EU regulations but airlines routinely refuse this and if you decide to pursue it you will probably need to take legal action. I'm guessing you're not spoiled for choice anyway when you're flying Doncaster to Wroclaw? They're not obliged to pay for any unused train tickets you've bought to get to the airport.

Of course, if your flight was cancelled with less than 2 weeks to go, you may well be entitled to cash compensation.

bob_a_builder

Was caught up in the delays in Oslo with SAS on the 14th Sept ..

Where the airline preemptively canceled flights ...
"In order to avoid that SAS customers become stranded during an eventual strike, SAS takes precautions and cancels about 100 flights tomorrow until 2 pm, Thursday September 14th."

so no actual industrial action yet ?


But from [URL="http://loyaltylobby.com/2017/09/13/update-sas-potential-norwegian-pilot-strike-thursday-september-14-2017-advance-flight-cancellations-rebooking-guidelines/"]THIS [/URL] link we can see that they did offer meals and overnight accommodation etc indicating that they accept the flight delay is their issue ?
i.e.
"As a SAS customer, we can offer you the following, according to the applicable regulations
Overnight accommodation ....
etc etc

But later go on to say
"Will SAS pay me EU261-2004 monetary compensation if I am delayed?
EU 261/2004 compensation for cancelled/delayed flights will not be paid since this is considered an extraordinary circumstance."


I have lodged a claim, prior to finding the linked article, but not heard anything yet
The EUclaim site indicates I do have a case
(but expect that is just based on delay times rather than any specifics of the case)

Since they cancelled the flights before any strike, is that still an "industrial action" case ?

JPears

Who was on strike? SAS staff or airport staff?

bob_a_builder

Technically no-one at the time ...

"Although SAS and its Norwegian pilot union are engaging in last minute negations, the airline has proactively canceled more than 100 flights scheduled for Thursday morning/early afternoon and released rebooking guidelines."

JPears

Checked, looks like it was pilots. If so, you are due compensation. Strike and their decision to cancel, with less than 2 weeks notice, is NOT and EC.

bob_a_builder

OK - Thanks, well, I'll sit back an await their response, but given their(SAS) claim that it is an EC in the linked article I imagine they are going to reject.

JPears

They can claim and reject all they like.
a) They choes to cancel your flight. That's an operational decision, not an EC.
b) Pilots are their employees, so thats not an EC.
Start reading up on Vauban's most informative guide. If SAS don't have an address in the UK, then start reaqding Dr Watson's excellent guide on the Euro Small claims process - ESCP

bob_a_builder

As expected they rejected main claim but offer to pay for food etc...

"I understand your request for compensation, however, an accordance with EU261/2004 compensation is not payable. Flight irregularities caused as a result of strike action are considered extraordinary circumstances."

There was no strike action at the point of cancellation

They also made no mention of a ADR route, although reading reading the MSE site on Ombudsuman HERE implies they have one and should have informed me of it

So I think my 1st push back should be to question their case for EC on points you made and also ask about their ADR procedure ?

After that, any preference for MCOL or ESCP route ?
or (from MSE site)
ARN (or National Board for Consumer Disputes) – Scandinavian Airline SAS. You can submit your complaint here. There's no fee if your claim's unsuccessful. This scheme's decisions are not legally binding on the airline, but it says 80% of businesses follow its rulings
URL="https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN"]HERE[/URL



EDIT : It seems that ARN only covers for goods bought online !

EDIT2 : Seems it was a bad /wrong link on MSE pages : now found right ARN details on SAS site :

"If for any reason you are unhappy with our final response to your complaint, you can refer your complaint to any of the approved Alternative Dispute Resolution providers established within the Member States of the European Union. An Online Dispute Resolution platform has been set up by the European Commission: http://ec.europa.eu/consumers/odr/ which provides easy access to alternative dispute resolution (ADR).

Although SAS is not signed up to any ADR body, SAS adheres by the decisions of the ADR bodies approved by the Member States.

You can also refer your complaint to Allmänna Reklamationsnämnden (“ARN”), Box 174, SE-101 23 Stockholm, Sweden who are approved by an EU Competent Authority to provide an independent review of complaints and dispute resolution services. You will need to refer your complaint within 12 months after our final response.
ARN can be contacted on:
Allmänna Reklamationsnämnden
Box 174, SE-101 23 Stockholm, Sweden
Opening hours: 9-12, 13-15
https://www.arn.se