Compensation for delayed flights Discussion Area

Mabe

We have taken claim to CEDR and Tui are still citing extraordinary circumstances but also state it could of been avoided if they had a spare craft and crew but the cost would be too much and ineffective. They have cities bird strike but also stated that although it wasn't a bird strike there was a foreign object in a tyre and they were unable to get it repaired. Its around a 5 page document citing lots of clauses still think they are trying to pull a fast one but CEDR have asked for our response. Any suggestions.

Tyzap

Mabe wrote: »

We have taken claim to CEDR and Tui are still citing extraordinary circumstances but also state it could of been avoided if they had a spare craft and crew but the cost would be too much and ineffective. They have cities bird strike but also stated that although it wasn't a bird strike there was a foreign object in a tyre and they were unable to get it repaired. Its around a 5 page document citing lots of clauses still think they are trying to pull a fast one but CEDR have asked for our response. Any suggestions.

You could reply stating that a puncture is 'inherent in the operation of an airline'

In other words, it's not an 'extraordinary circumstance' which would have exempted the airline from paying compensation. It's a normal day to day problem that all airlines have to face.

Also, state that the airline has admitted that it did not take 'all reasonable measures' to prevent or lessen the delay.

They have shot themselves in the foot by admitting they could have done more and cannot now win this case.

Good luck and well done in advance:)

SimonAtMoneySE

I just got €250 back from WizzAir.

This did not happen overnight, but over nearly a year. None of this cost me a penny; all of this just cost me time. I would say you do need to take screenshots of actual departure and arrival times, either on an airport site or even the airline's own website. Shut down the squirm-space. Especially, as in my case the airline tried to fob me off with an 'extraordinary circumstance' which has to be the easiest dismissal to make, but the hardest to prove.

To give you a timeline:

2018
16 July: Wizzair flight From Budapest to London Luton was over three hours late. It was scheuled to arrive at 20:05 and was reported arrived at 23:22.

18 July: Raised a case through MSE's Resolver service.

11 August: Received email from Wizzair saying if I want to complain, I have to do it directly through their online complaint submission; not through MSE's Resolver Service.

27 August: Formally raised complaint through Wizzair online complaint submission using the pro forma from the MSE website.

10 October: Wizzair conclude that the flight delay was due to 'extraordinary circumstances' and thus no compensation is due. I immediately replied stating that since they are unable to explain these 'extraordinary circumstances' within their response I find their response unsatisfactory and I shall escalate to the Aviation ADR ombudsman.

10 October: I open an account and raise a complaint with the Aviation ADR Ombudsman. I upload all my email correspondence so far, a picture of my boarding pass, and screenshots from Wizzair's site opened on my phone of the flight's delayed take off, and the recorded time of arrival.

29 October: Aviation ADR accepted my complaint. The details were passed to Wizzair to confirm if they wish to defend the claim and provide their reasoning and evidence in support. They have 28 days.

28 November. No further evidence provided by Wizzair to support their 'Extraordinary Circumstances'. Case to be reviewed by an specialist Complaint handler.

2019
9 April. AviationADR provide a Final Determination which finds in my favour. (Yay!) I am to provide my bank account details for a 250EUR 'remedy'.

25th April. I provide the details.

29th April. Details sent to Wizzair.

29th May. Wizzair ask what currency the account is. I've opened a EUR account so I won't suffer transfer rates. Wizzair won't be able to exchange the money at their rate into GBP.

7 June. I tell them my Euro account does indeed use a Euro currency.

14th June. 'Remedy' paid in.

I know this is a 'well good for you' story, but I wanted to let people know it worked out for me. It just took a year.

Tyzap

Hi Simon,

Thanks for taking the time to let everyone know how long these claims can take and what’s involved.

It often take a great deal of determination to get through the process, but it is worth it in the end.

Well done and thanks.

Nindi37

Family of 4 were going to go abroad on the 6th of April 2019. Turkenmenstan airlines rescheduled the flight later to the14th. We could not go as we only have 2 weeks. So we asked for a refund.
It's 12 weeks and still waiting for a refund.

Nindi37

What can I do? I have phoned their representatives in the UK. They keep telling me I going to have wait a few more weeks. The airline is going to resume flying again in September.

Alan_Bowen

Nindi

Trying to get anything out of an airline like this is never going to be easy. If you booked directly with them, request a refund through your credit card issuer. The airline has started, stopped and started flying a number of times, no one books with them other than for price or a burning desire to visit Turkmenistan

Mabe

Just wanted to say thank for your tips and advice, referred case to CEDR has been adjudicated and found in our favour. Stated that it was different aircraft that had extraordinary circumstance and felt cause to our flight delay was operational matter. Been awarded €800 only claimed for €600 but due to distance of flight they awarded more.

Caz3121

Mabe wrote: »

Been awarded €800 only claimed for €600 but due to distance of flight they awarded more.

if it was from the canaries, is that not 2 x €400 compensation based on distance?

Tyzap

Mabe wrote: »

Just wanted to say thank for your tips and advice, referred case to CEDR has been adjudicated and found in our favour. Stated that it was different aircraft that had extraordinary circumstance and felt cause to our flight delay was operational matter. Been awarded €800 only claimed for €600 but due to distance of flight they awarded more.

Great result Mabe:beer:

It's always good to know that CEDR do generally get these adjudications right. Especially when they are pointed in the right direction by members of this forum.

Well done.