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Cubana Airlines Claim Rejected
koradma
Posts: 21 Forumite
Cubana have rejected an email claim on these grounds(emailed on 10-Jan-2011)
"As for the Appendix III of the same EU Regulation, the Extraordinary circumstances include the following:
-Runaway closure due to snow or ice (01 December 2010)
-Reduce number of take-offs or landing allowed at origin, destination or nominated diversion airports due to any adverse weather conditions.(01-02 December 2010)
-Unexpected technical failures that prevent the safe operation of a flight which arise even though maintenance has been performed in accordance with legal requirements and manufacturers' recommended practices (02 December 2010)
For all these reasons, Cubana Air was unable to operate the flight before 03rd December 2010."
We appreciate the delay on 01 Dec 2010 from Gatwick was EC. But on 2 Dec 2010 it was their own fault for not paying Stansted airport their fees, the airplane was diverted to Stansted due to snow. This was confirmed by the ground staff. We boarded the plane for 2-3 hours on 2 Dec 2010 in Stansted before being asked to get off the plane. The plane wouldnt not be loaded with water and food for non payment of fees. They couldnt fly as a result. But the reasons they are claiming above are not accurate.
Do I go to CAA or small claims court now ?
As you can see the flight eventually left from another airport about 48 hours late.
We did get a full refund of the package holiday, surely we are eligible for compensation as well. We had to book another holiday at last minute prices.
Newbee
"As for the Appendix III of the same EU Regulation, the Extraordinary circumstances include the following:
-Runaway closure due to snow or ice (01 December 2010)
-Reduce number of take-offs or landing allowed at origin, destination or nominated diversion airports due to any adverse weather conditions.(01-02 December 2010)
-Unexpected technical failures that prevent the safe operation of a flight which arise even though maintenance has been performed in accordance with legal requirements and manufacturers' recommended practices (02 December 2010)
For all these reasons, Cubana Air was unable to operate the flight before 03rd December 2010."
We appreciate the delay on 01 Dec 2010 from Gatwick was EC. But on 2 Dec 2010 it was their own fault for not paying Stansted airport their fees, the airplane was diverted to Stansted due to snow. This was confirmed by the ground staff. We boarded the plane for 2-3 hours on 2 Dec 2010 in Stansted before being asked to get off the plane. The plane wouldnt not be loaded with water and food for non payment of fees. They couldnt fly as a result. But the reasons they are claiming above are not accurate.
Do I go to CAA or small claims court now ?
As you can see the flight eventually left from another airport about 48 hours late.
We did get a full refund of the package holiday, surely we are eligible for compensation as well. We had to book another holiday at last minute prices.
Newbee
0
Comments
-
Centipede100 wrote: »Whilst I agree you have a valid claim for the 2 Dec 2010 as the airline are responsible for paying their suppliers, your problem will be how to get Cubana into court since I don't believe they currently operate services to/from the UK so are unlikely to have an office on which a legal claim can be served, far less a means of enforcing such.
Their website still provides an address, the phone number doesnt work though. So may be a waste of time serving court orders on them. Saw on a trip advisor board they ceased operation from May 2012. Do you know of anyone getting anything back from Cubana ever.
Thank you for your response.0 -
Forget it and move on.0
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