US Airways reply What do you make of this?

chas_smash

Dear Mr. :

Thank you for contacting Customer Relations. We appreciate it when customers take the time to share their concerns.

At the time of Flight US7??, August 12th of 2008, EU Regulations stipulated that only passengers whose flight canceled were eligible for compensation under the regulation. It was not until more than a year later in November of 2009 that The Sturgen court ruling interpreted the Regulation as applying to passengers whose flight was delayed resulting in arriving at their destination more than three hours late as well. However, there has been no decision indicating that The Sturgen case ruling should or does apply to flights taken before the November 2009 verdict.

We understand that you filed your complaint with US Airways after the November 2009 judgment, in March of 2013 however, US Airways would respectfully submit that in our opinion because the irregularity occurred before this ruling no compensation would be due under EU Regulation 261/2004.

Our records indicate all required measures pertinent to this flight were taken; therefore, no compensation under the EU Regulation No. 261/2004 is due. The vouchers provided were issued as a goodwill gesture for any possible inconvenience that was experienced.

Thank you for allowing us to explain our position and your understanding in this matter. Please be assured, your comments and concerns have been documented. Our primary function in Customer Relations is to share our customer’s feedback with the appropriate management teams.

Sincerely,



Representative, Customer Relations
US Airways Corporate Office

Case:

I am not sure they are correct here ? What do you think?

Ich_2

Interesting concept, I suspect only a court can rule if the decision is retrospective.

chas_smash

So in a nutshell are they correct what they have said?

chas_smash

Cheers for that. Any advice on how I should replay to their email?

Vauban

chas_smash wrote: »

Cheers for that. Any advice on how I should replay to their email?

So you want Centipede to write your emails, as well as read them?;)

You need to read the FAQs on page 1, and the links to the main documents. There is a template you can use to write a NBA letter. And then you'll need to take it to Court - if the airline doesn't back down.

chas_smash

Not really Centipede. :-) But I was on the verge of giving it which I guess they hope I do as I wasn't sure what I could say next.

chas_smash

Claims management companies specialising in taking on a delayed flight case? Where is the best place to find a good one?

Ich_2

Google is your friend, the companies are new so I doubt you will find anyone that has had a succesful claim via one.
Take you choice and pay your money if they win

chas_smash

The latest response from US Airways:

Dear Mr. ?:
Thank you for contacting Customer Relations. We appreciate hearing from our customers and having an opportunity to address their
additional concerns.
We sincerely apologize for any inconveniences you experienced as a result of the delay of Flight 7?? from London, Gatwick to Charlotte on
August , 2008. It is not our intent to create difficulties for our customers and realize flight disruptions are very frustrating for everyone
involved.
Paragraphs 14 and 15 of the EU Regulations outlines the following: "obligations on operating air carriers should be limited or excluded in
cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable
measures had been taken." An unexpected flight safety shortcoming is mentioned as one of those circumstances.
Additionally we understand that US would be responsible for demonstrating that any mechanical delay or cancellation is a result of
unforeseen circumstances; with this in mind though we must inform you that any records relating to the maintenance of our aircraft are
considered internal and confidential and cannot be provided to our passengers. Do please be assured that US complies with all safety
regulations and does provide documentation both on request and when required to the appropriate governing agencies.
We recognize our passengers expect reliable service and realize that no flight irregularity is ever easy. While we cannot undo the event,
after further research our records indicated we were happy to provide a voucher as compensation and as a token of our apology for the
inconveniences.
Again, thank you for contacting US Airways. We appreciate this opportunity to explain our position and to clarify this matter.
Sincerely,
? ?
Representative, Customer Relations
US Airways Corporate Office

chas_smash

Any thoughts on this Centipede?

chas_smash

Thank you I will contact a Claims company and let you know how it goes.