Norwegian Air advice

benalexatkins

Hi friends,

I hope you are well. I'd appreciate some advice on the following I have received from Norwegian Air.

Have any of you had experience with them?

Given the advice on MSE about the potential to challenge their decision to put my case on hold, have you any advice or experience as to how to move forward with this?

Thanks so much,

B

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Dear Mr Atkins,

Thank you for contacting us with your claim. We regret the time it has taken to respond to your claim and we thank you for your patience in this matter.

We sincerely apologise for the inconvenience caused by the disruption to your flight. We understand that punctuality is vital for our passengers, and we strive to ensure that all flights operate according to schedule.

Unfortunately DY2512 from London to Copenhagen on the 27 March 2015, was delayed by 4 hours and 22 minutes due to an unforeseen technical problem with a spoiler actuator on a previous departure.

We apologise for the lack of assistance during the delay and appreciate your feedback as this helps us to monitor and improve the services we provide.

Regarding your claim for compensation, we would like to inform you that Norwegian follows The Regulation (EC) 261/2004 (‘the Regulation’). This Regulation confers on passengers a right to fixed compensation when their flights are either cancelled or delayed by in excess of three hours. However, Article 5(3) of the Regulation creates an exception to that right where the cancellation or delay was “caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”.

Norwegian’s position is that the delay 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.

Given the importance of the decision in C. van der Lans, Norwegian intends to postpone processing all claims for compensation involving a technical problem until the outcome of that case is known.

Processing your claim - Next steps
There is not yet a date for the hearing in the Court of Justice. You do not need to take out proceedings in respect of your claim as we have your claim on file and will contact you once the outcome of C. van der Lans is known. If you do not accept our position following the outcome of that case, it will be open to you to take such further action, including taking out proceedings, as you then deem appropriate.

Kind regards,

Annika
Customer Relations


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Vauban

Take them to court. English law is very clear on this, and applies in this instance. So you do not require further clarification from the European court.

Deal with them as per my guide.

JPears

Send an NBA before taking them to court.You need to mention the Huzar case in the Court of Appeal and Supreme Court, which as The Mighty Vauban states, being the highest court in the land, is English law.
This may change their mind, it may not, before going to court.

benalexatkins

JPears what's an NBA?

Thanks,

B


//// scrap that, thanks to Vauban's guide.

razorsedge

benalexatkins wrote: »

Processing your claim - Next steps
There is not yet a date for the hearing in the Court of Justice. You do not need to take out proceedings in respect of your claim as we have your claim on file and will contact you once the outcome of C. van der Lans is known.

If this case is finally sorted in 5-6 years time then you may well be out of time to file a legal claim in the UK anyway.