Civil aviation authority responses

maghater

111KAB wrote: »

NEB Spain say they will respond within one month - they did however as airline had not responded to them the NEB merely said .... we apologise however the airline in question have failed to co-operate!

Back in August last year I wrote to the Spanish NEB on the advice of the CAA. They were actually quite helpful if somewhat slow. Finally got a letter from them stating that the airline responsible (Thomas Cook) had not responded to their request for information, and as such had failed to prove EC and therefore should tip up 400 Euros per passenger. Needless to say Thomas Cook have ignored this and are still refusing to pay, so its off to court. I have been advised that failure to respond to the AESA is quite a serious action, and my letter "should" stand up in court.

Dr_Watson

I contacted the CAA here in the UK back in November last year after being on a Ryanair flight from Murcia to East Midlands that was rerouted and suffered a 3.5 hour delay. I initially e mailed Ryanair for a reason why the delay occurred to get the usual 'circumstances beyond our control reply'. After asking for further explanation and getting no response I contacted the CAA here via their webpage. I received an automated response straight away and a reply a few days later. They said they thought the reasons for delay did breach Eu 261/2004 regs but that I would need to contact the Spanish CAA (AESA) as the flight departed from Spanish territory. They said that they would pass the details to AESA on my behalf. Part of my reason for contacting the CAA was to get a refund for 'Priority Boarding' that I had paid for but was not implemented at our rerouted airport (Alicante). Ryanair again did not respond to my e mails about this. The CAA in the UK said that they could look into this for me and would respond duly.
In December I received a letter from AESA saying that they had received a letter from the CAA and they would investigate the delay on my behalf and respond fully as soon as they had concluded their investigations. Last week I received a letter from AESA detailing Ryanairs' response for the delay (unexpected safety shortcoming). AESA also stated that they had investigated all of this and other detail and that Ryanair were in breach of EU261/2004 and that I was entitled to compensation of 400 euros per passenger for my booking (1600 for my family).
In my case AESA have been extremely helpful as too the CAA although I now understand that they are deluged with claims since the rulings regarding EU261/2004 last year.
The letter I received from AESA along with other details of my claim landed on Ryanairs' desk today in Dublin giving them 14 days to respond or be taken to the small claims court via the European Small Claims Procedure (Form A).
I'll let you know their response (if any) and how this progresses. In my opinion give the CAA a try -but it could take a while.

bigbluepenguin

My husband and I were supposed to be on a flight from the Isle of Man to Glasgow in November, but the flight got cancelled. We wrote to Loganair for a refund but they said as it was "due to extraordinary circumstances" (mechanical issue with the plane) we weren't due anything.

I then wrote to the CAA, and having had the standard response, have heard nothing since. Do you think it's worth chasing up again? We were stuck on the island for an extra day, had to fly home via Birmingham the next day!

Dr_Watson

I received an e mail reply to my letter to Ryanair today that included the report from AESA, here's their response:-

'I acknowledge receipt of your letter dated 14th of March 2013.

Ryanair are now in receipt of the AESA's recommendation for the above claim.

I regret that on this occasion, Ryanair cannot comply with the board's recommendation, as we believe that their decision is outside the scope of the EU Regulation 261/2004.'

So the question is this- do I send Ryanair another letter asking them to spell out the reason why they think the decision by the Spanish Civil Aviation Authority (AESA) is outside the scope of EU261/2004 so I can challenge their response (if any) or go straight to procedure through the European Small Claims courts as I have already told them that I would do?
Any advice would be appreciated.

Mark2spark

Form A time, Dr.

Ryanair are claiming that the body set up to regulate them are overstepping their authority.
What a joke.
Let RA tell that to a judge.

Ich_2

Ryanair are claiming that the body set up to regulate them are overstepping their authority.

Surely that would be the IAA

Mark2spark

I thought it was AESA but i'm skimming through so many threads now I got lost and just said that rather than scroll back.

Ich_2

AESA is the Spanish Aviation Authority so would be referred to as the departure point was in Spain, as required by the legislation.
Ryanair is an Eire based company so their main regulator is the IAA (Irish Aviation Authority)


(though I'm still awaiting a reply from the IAA about an issue I raised with them 3 years ago regarding an Irish Airline)

maghater

111KAB wrote: »

NEB Spain say they will respond within one month - they did however as airline had not responded to them the NEB merely said .... we apologise however the airline in question have failed to co-operate!

Yes but you can tell the court that the airline has not responded. It is up to the airline to prove ec. The AESA (spain) as the enforcing body have a high degree of expertise in this field, and if TC thought they had a decent case they would certainly comply, as if AESA found in their favour they would certainly use it for grounds to refuse your claim. Failure to comply is almost as good as an admission of guilt imho.

maghater

bigbluepenguin wrote: »

My husband and I were supposed to be on a flight from the Isle of Man to Glasgow in November, but the flight got cancelled. We wrote to Loganair for a refund but they said as it was "due to extraordinary circumstances" (mechanical issue with the plane) we weren't due anything.

I then wrote to the CAA, and having had the standard response, have heard nothing since. Do you think it's worth chasing up again? We were stuck on the island for an extra day, had to fly home via Birmingham the next day!

Certainly worth chasing, mechanical issues are rarely extraordinary circumstances, if you read the faqs. Must have been very frustrating given the distance, I bet Bob Beamon could jump it. Read Wallentin v Hermann