Compensation for delayed flights Discussion Area

LBOcgn

Booked a Germanwings flight from Heathrow to Cologne on 18 July 14. At Heathrow, the departure time on the monitors was pushed back in 15 minute increments without any further info - there are no more info desks at Terminal 2, and when we called up Germanwings hotline, she had the same information as was on the monitors (which changed again shortly after).

When we finally got a gate after several hours, the captain came to the gate himself and apologised not only for the delay, but also about the fact that we had been told nothing and not been offered anything (he seemed genuinely shocked by that). He explained that the original plane had suffered a technical defect and while there had been a standby plane available, that had first been sent on a tour from Cologne to Zurich and back, hence the delay. On board the plane later he apologised again, and recommended we should ask the company for compensation.

We finally landed in Cologne 4.5 hours late, which cut quite a bit into a 2 day break. Upon the flight captains recommendation, I contacted Germanwings first via their contact form (no reply) and then via fax. I received a generic reply of "we're sorry, but it was the weather, so out of our control". I wrote back to them, stating that the information the captain gave us made it clear that it was not the weather, and received another reply, personal this time, but still declining it was their fault.

By now it was November, and I directed my complaint to the CAA....and heard nothing for a while. By the time I was ready to chase it up, Germanwings had other problems and I let it rest for a while longer.

Then I finally got a reply from the CAA on 10 July 2015, a week shy of my flight's first anniversary: Germanwings had reassessed my complaint and accepted that there was no case of "extraordinary circumstances", and could I get in touch with them again for my bank details.

Today I received the compensation of £341 (for two passengers). I know from reading through the forum that not everyone agrees that one should push for compensation under any circumstances, and had the situation been different (especially the handling of it at Heathrow), maybe we wouldn't have (but after all, a member of their crew recommended it to us!). However, it shows that, if you do decide to claim, it is worth pursuing it to the end and not be thrown off by stubborn airlines - and also that you can succeed without handing over a third of your money to a lawyer.

For reference (and in case anyone needs a precedent), this was 4U 461 on 18/07/2014.

Sander314

Quick update from my attempts at getting compensation from Norwegian. I sent them a request for compensation mentioning the Huzar case explicitly, and it took around a month to send me the fairly standard form letter claiming "extraordinary circumstances".

Unfortunately flight DY7016 from New York to London-Gatwick on the 16 June 2015 was cancelled due to unforeseen technical problems with the stab motor on the previous departure.

The flight was rescheduled with the flight number DY7116 on the 17 June 2015 resulting in a total delay of 27 hours and 2 minutes for the affected passengers.
...
Norwegian’s position is that the cancellation to your flight resulted from technical problems beyond its actual control, which constitute “extraordinary circumstances” within the meaning of Article 5(3) of the Regulation.

This means that we will not be paying you compensation in this case. However we will keep our position under review in light of the pending case C. van der Lans v. Koninklijke Luchtvaart Maatschappij NV (Case C-257/14) to be heard before the Court of Justice of the European Union.

Planning to send a follow up message to see if they can reply specifically to why the Huzar judgement does not apply to them. Then probably NBA and a NWNF.

Alan_Bowen

Norwegian are notorious for not paying until legal action is begun, I would hand it over to a NWNF company immediately if you do not want to sue yourself, further correspondence is usually pointless

SYT1

Hi does anyone know the situation for Turkish Airlines? I travelled from Africa to Birmingham airport. I know Turkish Airlines has offices in the UK - what might be the situation there?

DrA_Harrogate

Turkish Airlines - flights to UK are covered. Write to their UK office and make your case. If you are ignored, follow Vauban's Guide

111KAB

SYT1 - which leg of your flight were you delayed on?

Caz3121

DrA_Harrogate wrote: »

Turkish Airlines - flights to UK are covered.

I think this is a typo and should state " flights from UK are covered."

Sander314

Norwegian:

We appreciate that our response may not offer the outcome you were seeking. Unfortunately, we are unable to reconsider our decision in relation to this matter at this time, as we are currently awaiting the outcome of the hearing in the European Court of Justice.

In addition to your pending case, we would like to offer GBP 100 as a gesture of goodwill.

NoviceAngel

I hope you tell them what they can do with there £100 offer!

111KAB

Hang on NA! It looks like the £100 is in addition to any 261/2004 claim - 'goodwill' .... Sander314 send an email to Norwegian to get written confirmation that the £100 is no in lieu of any claim.