Compensation for delayed flights Discussion Area

Vauban

Evidence my dear boy?

111KAB

Ich wrote: »

I must have missed that, well done.

http://www.dailymail.co.uk/news/article-2338887/Our-victory-thousands-left-stranded-flight-delays-Couples-payout-26-hour-ordeal.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490


I would also add even if it was all about the money - so what - you try dealing with a 26 hour delay due to the total incompetence of Monarch Airlines. My initial claim was for 400€ ie 200€ each and it took 2 hearings/2 barristers/solicitors and if you read the end of the DM article Monarch were still considering an appeal. They are totally bonkers - just like some people that post on this forum.

Ich_2

And this example shows how unreasonable the Airlines are Ich!

Why is it unreasonable, you might as say the same about all sorts of charges. Unjustifiable perhaps, unfair perhaps.
Folk are told about it upfront so they are encouraged not to loose the original!

If the post had commented on Ryanairs attitude to delays etc. that would be a reasonable answer

Ich_2

They are totally bonkers - just like some people that post on this forum.

Evidence my dear boy?

Ah the insults and put downs start

I suppose it is easier for you than actually accepting adverse criticism

* awaits the butt out PM
Save it I'll leave you in peace!

Vauban

Centipede100 wrote: »

As many on here have already stated and I paraphrase: it's not about the money more the principle of how badly the airline treated us.

I have been contacted on a number of occasions by successful claimants regarding a donation but have without hesitation advised that they make a gift to their favourite charity since my advice on here is freely given.

I think the fact that so many of the "regulars" hang around here long after they win, and continue to give help to claimants without any expectation of material reward, attests to their motive.

Monarch airlines lied to me, refused to fuflil their legal obligations to me as a passenger, and then made me attend three court hearings and spend hours compiling my case - before in the end running away from the judge.

So whilst I welcome Ich's different perspective, you'll forgive me if I don't find it persuasive.

mikeryt1

My girlfriend and i were supposed to take a flight with norwegian airlines on the 18 Dec 13 going to BKK.

When we arrived at the airport, we saw our flight had been cancelled. (we were not told before we arrived)

they were very good and put us up in a hotel for a day until the next flight.

HOWEVER,

Our replacement flight was 22 HOURS after our original leaving time.

Our flight distance was (5160 miles) (8304 km).

we sent away our claim for compensation stating we should be entitled to 600 euros EACH.

we just received a letter saying that they were only going to give us 500 euros for both of us.

They are stating this is because of
"Unforeseen technical problems with flight controls on previous flight"

They say this is because the disruption is caused by reasons deemed to be outside of our control.

We don't think this is correct and are looking for some advice.

If the plane had broken on the leg of the journey before we were supposed to board. If they knew this, should they not have made arrangements for another plane to be used for our flight?

The e-mail claims that our flight was delayed rather than cancelled and so we are not entitled to compensation under the EC Regulation 261/2004. However we were told on arrival it was cancelled and online is was also registered as cancelled. The online receipt on our account with Norwegian Air also states that our flight was cancelled and NOT delayed.

This was our e-mail from Norwegian:


Thank you for contacting Norwegian on the 20th of February 2014.

We sincerely apologise for the inconvenience caused by the delay to your flight, DY7206 from Bangkok to Stockholm on the 18th of December 2013. Regrettably, this flight was delayed by 22 hours and 18 minutes due to an unforeseen technical problem with flight controls on previous flight.

We understand that punctuality is vital for our passengers, and Norwegian strives to ensure that all flights operate according to schedule. Regrettably, due to the nature of air travel, delays and cancellations are unavoidable and do occur from time to time.

We can confirm that the technical difficulties experienced on this day occurred during operation and outside of scheduled maintenance. Norwegian follows all maintenance programs imposed by the CAA, and the aircraft manufacturer, as well as internal maintenance procedures. We therefore consider that all reasonable measures were taken to avoid such technical difficulties.

Norwegian would like to provide compensation with the amount 250 EUR/person as a gesture of goodwill for the delay, total amount of 500 EUR. The amount will be credited to your account within reasonable time.

In accordance with the legislations which we are bound by, we are not obliged to provide compensation not including that outlined in EC Regulation 261/2004 Article 9 if the disruption was caused by reasons deemed to be outside of our control. Circumstances that are beyond the control of the operating air carrier are events that are not caused by an act or omission of the air carrier. All claims are evaluated according to the guidelines regarding extraordinary circumstances from the EU Commission. In light of this information, unfortunately we are unable to honour your request for EU compensation.

We respect that our response may not offer the outcome you were seeking, however we must adhere to certain guidelines to ensure we are providing a fair and equitable service.

For the avoidance of doubt, we refer to the relevant verdicts found in the European Court of Justice which apply to your particular case.

European Court of Justice – C-402/07 (Sturgeon):
The EC Regulation 261/2004 does not expressly provide compensation for cases where the flight has been delayed as it does in the case of cancellations. According to the decision of the European Court of Justice in case C-402/07 (Sturgeon), the passengers affected by a delay should be compensated under the terms laid down in Article 7 of regulation 261/2004, when they reach the final destination three hours or more after the original scheduled arrival time. The airlines are exempt from further compensation if the reason for the delay is extraordinary circumstances outside the airline's control.

European Court of Justice – C-549/07 (Wallentin-Hermann):
Judgement C-549/07 (Wallentin-Hermann) is trying to define what can be classified as extraordinary circumstances. According to the judgement, technical problems that are found during the scheduled maintenance of an aircraft cannot be defined as extraordinary circumstances, unless the technical problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the carrier’s activity and are beyond the operating carrier’s actual control. Circumstances that are not inherent in the operation of air services are events that do not routinely occur during the operation of the aircraft.

We apologise for any disappointment our response may cause and hope that we may have the pleasure in welcoming you onboard a Norwegian flight when you next choose to travel.

Are we entitled to more compensation, or is the airline in the right???

thanks for your help,

Shona & Mike.

duchy

Ich appears to be reading a different forum to me.

Mark2spark

mikeryt1 wrote: »

Are we entitled to more compensation, or is the airline in the right???

thanks for your help,

Shona & Mike.

On the face of it, you have a rock steady claim for the compensation you originally claimed for. A tech issue on a previous flight isn't an EC.
Neither have the *European Commission* issued guidelines (the NEB's have) but they are not the law.
Repairing a fault with an aircraft *is* inherent in an airlines day to day duties, it's laughable to claim it's not.
If the deep fat fryer breaks down in the local chip shop, who repairs it? The chip shop owner of course...
Who repairs your car when it breaks down?
I could go on. You get the picture.
Start court action, or go NWNF firm, or walk away, is the three choices you now have. No point in further letter writing, except to tell them their explanation is unacceptable and that you're going to start court action unless they reconsider, with a deadline of 14 or 21 days.

patricia50

Have only just come across this thread so excuse me if this is a stupid question but about 4 years ago myself and my 2 daughters went on holiday to the Dominican republic. Our flight home was delayed for over a day because of the ash from the volcano in iceland soflights were not leaving. Does this apply to those circumstances or not.

richardw

Nope, the ash cloud is definitely 'extraordinary circumstances' so no compensation due.