Comments Needed: Draft Guide to Claiming Flight Delay Compensation

Yarka

Hello everybody,

we r trying to get money for flight delay from Wizz air. The delay was more than 6 hours and it was due to no fuel at the airport. Wizzair claims that this is extraordinary circumstance. Any ideas if this is one of the cases when air company can refuse to pay compensation?

Thank you for any suggestions.

Yarka

NoviceAngel

Yarka wrote: »

Hello everybody,

we r trying to get money for flight delay from Wizz air. The delay was more than 6 hours and it was due to no fuel at the airport. Wizzair claims that this is extraordinary circumstance. Any ideas if this is one of the cases when air company can refuse to pay compensation?

Thank you for any suggestions.

Yarka

First suggestion........

Read the guide and make up your own mind! It clearly states what an EC is......

Good luck with your valid claim

Yarka

Hello

it is proving quite difficult with them.
this is what I wrote to them:
I am afraid I do not agree with your explanation of extraordinary circumstances. According to the mentioned regulation and guidelines by European Commission, an extraordinary circumstance is defined by the following general principle: the event has to meet the three
criteria, unpredictable, unavoidable and external. Even though I do agree that it was external to your company, other two conditions have not been met.
I am sure your company has agreements with airports that define cases when one party does not fulfil conditions agreed. I assume providing services and arranging other necessities for planes to fly (providing fuel would be one of them) is one of these. I guess you could claim from them afterwards. We made a contract with your company by purchasing the tickets and not with the airport.

Their reply was:

Thank you for your reply. However, please note that the phrase "external event" already implies that the event was unpredictable and unavoidable by our airline. We could not have possibly predicted this human error on the airport's side and nor could we have avoided its consequences just like the in the case of airport strikes.

So I kind of look for a suggestion whether to take it to a lawyers or no as I think they might just say that in case people do not want hassle with courts...

Just wanted to make sure that lack of fuel at the airport is not valid ground for them.

Thanks Yarka

NoviceAngel

If you can post the details of the flight, date time and flight number,length of delay. I'll check the details on a popular NWNF website - can't mention the name, already been accused of spamming the forum!

Cheers,

NoviceAngel

Edit Just noticed we're in PTLV's guide thread, try to post in the thread specific to your airline.

NoviceAngel

Yarka wrote: »

Their reply was:

Thank you for your reply. However, please note that the phrase "external event" already implies that the event was unpredictable and unavoidable by our airline. We could not have possibly predicted this human error on the airport's side and nor could we have avoided its consequences just like the in the case of airport strikes.

So I kind of look for a suggestion whether to take it to a lawyers or no as I think they might just say that in case people do not want hassle with courts...

Just wanted to make sure that lack of fuel at the airport is not valid ground for them.

Thanks Yarka

Just because it's 'out of the blue' does not mean it's a no fault issue. Let's look at two suggested EC's ....

1.. Huge unpredictable, totally out of the airlines control massive weather storm, grounds all planes for hours..

Yes, genuine EC. It's unpredictable, falls outside of the airlines control and is nobody's fault, basic definition of an EC

2.. Quite unexpected, totally out of the airlines control baggage handlers(working for a different company) drive their truck into a parked plane. It has to be checked for damage - delays plane for hours.

No not an EC. It's unpredictable, totally out of the airlines control but there is human error and blame. This turns out to be a classic now established non EC event.

Hope you can see the difference, now use the same basic guidelines and look at your case. I would say you have a valid claim, others might add a more technical answer, but I'd say go for it. If you want to be absolutely safe consider NWNF, but I'd have a stab at this one, issue the NBA, then Court proceedings see if they put in a defence, if they do and it gets sticky you could always ask NWNF to take over.

Good luck

NoviceAngel

PS Do let us know how you get on....

EDIT - Try and post in the specific airline thread, this one belongs to master Yoda!! Post the name of your airline then continue in that thread, I'll follow the conversation over - thanks

JPears

housekeeping bump

NoviceAngel

Out of interest......... What's the latest count on the downloads Vauban ?

misternesty

Hi
We were delayed coming back from Geneva to Liverpool in December, should have flown at 14.50 on 19th but delayed until 10am on 20th. My friends, who were on the same flight, have contacted Easyjet who said they will not pay compensation due to the delay being outside of their control, reason was bad weather and issues with air traffic control. So I can see why they wouldn't pay out for the normal compensation but what about the fact we had to pay an excess car park fee and my son missed a day at work - can I claim these costs back from the airline or am I wasting my time?
Thanks

David_e

misternesty wrote: »

My friends, who were on the same flight, have contacted Easyjet who said they will not pay compensation due to the delay being outside of their control, reason was bad weather and issues with air traffic control.

Sounds as though EJ are hedging their bets quoting two excuses. Read Vauban's guide (see postings above) and you will have a better idea whether you might be eligible.

misternesty wrote: »

but what about the fact we had to pay an excess car park fee and my son missed a day at work - can I claim these costs back from the airline or am I wasting my time?

The latter, sadly. Have a look and see if there is anything you might be able to claim on your travel insurance.

Justice13075

misternesty your flight was U2 7284 have done a check on the Bott & Co website they say you are due 250euro per passenger although there were a lot of cancellations and delays that day. Read vaubans guide and send a notice/letter before action. Everything you need is in the guide. Good luck