Flight Delay Compensation - Brussels Airlines

senegal26

I have applied to Brussels Airlines for a refund for a delay of over 3 hours in December 2008. They say "Our legal department has confirmed that actions based on the EC Regulation 261/2004 are time-barred after a period of one year following the application of the Belgian Law of 25 August 1891 (article 9). In Belgium, the ancient law of 1891 is still applicable on "actions resulting from a contract of carriage of persons" (see article 9). As such all actions that are resulting from a contract of carriage of persons and for which no other law or international Convention is applicable are subject to this law and consequently time-barred after one year." Is this correct?

Also I know the flight departed Brussels for Dakar nearly 3 1/2 hrs late and am sure it arrived over 3 hrs late but cannot verify this.

Caz3121

you need to start with the FAQs

Firstly check the details on flightstats to confirm the flight was over 3 hours later arriving.
Then check the reason you were given for the delay is not ourside the airlines control (eg a delay due to snow in December may not be unusual but it is not in the airlines control)
If you do not know the reason for the delay you will need to ask the airline
Then check the FAQs on what to do next when the airline refuses on a valid claim

senegal26

Thank you for your post.

I've checked Flightstats and confirmed I'm correct on the delay out but the actual (as opposed to sheduled) arrival time is marked as n/a so cannot confirm it via that method.

The article says the cut-off for making a claim is 2005 but Brussels Airlines say I'm time-barred after one year. I've quoted what they said in my original post. Which is correct?

I need to find answers to both the above points before I can move on.