Compensation for delayed flights Discussion Area

JPears

Justice13075 wrote: »

SJE_111

I believe they are wrong. I found this on the Citizens Advice Bureau web site.

For the EU law to apply, one or both of the following must apply:

your flight is departing from the UK, European Union (EU), Iceland, Liechtenstein, Norway or Switzerland

Quite clear me thinks.

Or perhaps not. reg 261/2004 makes no mention of the inclusion of Switzerland in the regulation, and I don not think it is party to the EU treaty. The OP will have to rely on the primciple of single ticket, orginatiing flight departing an EU airport.

Justice13075

I found this on This Is Money website

EU261/2004 applies to any flight leaving an EU airport and any flight into the EU on an EU-based airline.

It is important to remember that.

The ruling that outlines these rights is Regulation (EC) 261/2004 and it applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and run by an EU/EEA or Swiss airline.

This flight was leaving a Swiss airport.

JPears

My point is that the regualtion makes no mention of Switzerland as a memeber state or otherwise. It maybe similar to Norway and Sweden in that the EU regulations for certain aspects of business and commerce are applicable. But knowing the Swiss, I susepct not....

jonesygeez

Hello

Is there any way I can find the exact reason for the delay they are stating the above and getting out of compensating us for a 4.5 hour delay!?

Justice13075

Post your flight details and the reason they say you are not due compensation

[Deleted User]

I posted something in the Norwegian thread but I wondered if anyone had any thoughts on this claim. I was flying from the US to Copenhagen with Norwegian (so into an EU airport with an EEA airline). The flight was delayed for over 24 hours. The reason given at the time by the pilot was that there was a problem/warning light related to the plane's computer system. We sat on the tarmac for about 5 hours then had to leave the aircraft before flying back the next day.

I complained and they have cited "extraordinary circumstances". The exact reason they've given is that there was a "possible fault with the aircraft that was later dismissed after inspection". That doesn't appear to meet extraordinary circumstances on any level that I can see, particularly as the pilot made it clear this was an internal problem and not one caused by external factors (e.g. the ground crew at the airport doing something incorrectly).

I wondered if this is first worth pursuing further and second what the best regulator would be to approach (I figured the Danish regulator as it was going into Copenhagen but not sure if this is a good idea). Many thanks in advance for any advice.

razorsedge

JPears wrote: »

My point is that the regualtion makes no mention of Switzerland as a memeber state or otherwise. It maybe similar to Norway and Sweden in that the EU regulations for certain aspects of business and commerce are applicable. But knowing the Swiss, I susepct not....

There is some information here about the Swiss adoption of EU261/2004:
http://flygadvokaten.com/your-right-to-compensation-for-flight-delay-and-flight-cancellation/

The European Commission also list the NEB for Switzerland (with respect to EU261/2004) here:
http://ec.europa.eu/transport/sites/transport/files/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

Swiss Air conditions of carriage Article 16 also mentions EU261/2004:
https://www.swiss.com/ch/EN/terms-conditions/conditions-of-carriage/article-16

"For flights departing from an airport in Switzerland or in the EU, you as a passenger have in case of over booking the rights as established in EC-Regulation 295/91. If EC-Regulation 261/2004 is applicable, your rights are subject to this regulation."

HTH

Tyzap

gordon_harris wrote: »

I posted something in the Norwegian thread but I wondered if anyone had any thoughts on this claim. I was flying from the US to Copenhagen with Norwegian (so into an EU airport with an EEA airline). The flight was delayed for over 24 hours. The reason given at the time by the pilot was that there was a problem/warning light related to the plane's computer system. We sat on the tarmac for about 5 hours then had to leave the aircraft before flying back the next day.

I complained and they have cited "extraordinary circumstances". The exact reason they've given is that there was a "possible fault with the aircraft that was later dismissed after inspection". That doesn't appear to meet extraordinary circumstances on any level that I can see, particularly as the pilot made it clear this was an internal problem and not one caused by external factors (e.g. the ground crew at the airport doing something incorrectly).

I wondered if this is first worth pursuing further and second what the best regulator would be to approach (I figured the Danish regulator as it was going into Copenhagen but not sure if this is a good idea). Many thanks in advance for any advice.

Hi Gordon,

It's definitely worth pursuing as their excuse is not an EC.

You could involve the Danish regulator or you may be able to use the ESCP, see the link to the good Dr's guide on the Ryanair thread.

http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569

Good luck.

JPears

razorsedge wrote: »

There is some information here about the Swiss adoption of EU261/2004:
http://flygadvokaten.com/your-right-to-compensation-for-flight-delay-and-flight-cancellation/

The European Commission also list the NEB for Switzerland (with respect to EU261/2004) here:
http://ec.europa.eu/transport/sites/transport/files/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

Swiss Air conditions of carriage Article 16 also mentions EU261/2004:
https://www.swiss.com/ch/EN/terms-conditions/conditions-of-carriage/article-16

"For flights departing from an airport in Switzerland or in the EU, you as a passenger have in case of over booking the rights as established in EC-Regulation 295/91. If EC-Regulation 261/2004 is applicable, your rights are subject to this regulation."

HTH

Thank you. I stand corrected.

nyck

Our claim was turned down by easyjet , so going to the next step to claim via CDER
Theres a £25 fee if you lose ,is that per a person or per a booking
There were 6 people on our booking
thanks