ALBASTAR - flight delay compensation

dominicnp

Hi


I've done a search on this forum for Albastar claims and haven't managed to find anything so thought I'd post this up as a new thread.


My son and I travelled back from Geneva yesterday (3rd April) on an Albastar charter flight (LAV5676 / AP5676). The flight was supposed to take off at 14:55 but in the end did not take off until after 19:00) so we landed at Gatwick at around 20:15 UK time.


So our flight was very delayed! We were not even offered refreshments but that's another story.


Looking into Abastar they do not seem to have a UK presence but are a small Spanish airline. How should I go about the process of making a claim under EU regulations please?


We booked a package holiday with Alpine Elements and this was the flight they booked for us. Not sure if that makes any difference?


Also, would it be easier in this instance to use a claims handling firm on the basis that 70% of the compensation due is better than getting 0%!


Thanks for your help and let me know if you need any other information.


Thanks!

JPears

Depending the cause of the delay, you maybe due compensation.
As you have already worked out for yourself, the difficulty in the claim is due to the Spanish location of the company.
NWNF usually will not entertain these cases as there comes difficulty in enforcing any court judgement. You will be probably need to go through the Euro small claims court process. See the Ryanair thread for details on this.

dominicnp

Hi


In relation to the reason for the delay - we were given very little information other than at one point we were told that the plane was being refueled in Birmingham and that there were some problems/delays with this. I assume that this would not be classed as an "exceptional circumstance"?

111KAB

If you do decide to go NWNF there are Spanish NWNF firms who should take this on for you.

dominicnp

This. Do you happen to know the details of any of these Spanish nwnf companies?

111KAB

Not a recommendation but here is one of the many Spanish firms and guys there speak English ....

http://www.retrasos.net/

dominicnp

Hi all,


An update:


I wrote to ALBASTAR based on the template MSE letter. They have actually responded and said that the delay was due to exceptional circumstances so are denying us compensation.


The letter they sent blamed the delay on the following (in their words):


"The aircraft was ready to depart with a delay but one that was less than 3 hours delay due to operational reasons - but there was then a further delay due to the fuel supplier internal situation outside of our control causing a delay which was an extraordinary circumstance outside of the control of the company"


What do people think about this - surely a delay refuelling is not exceptional circumstances?

JPears

No it isn't. They are contracted or subcontracted by airlines. They can recoup costs from the fuelers. Its probably a "story" anyway, to put you off.
Carry on with your claim.

dominicnp

Hi


That's what I thought!


So what are the next steps - is it another letter explaining that if they do not compensate us then we will start European Small Claims Court proceedings?

JPears

Yes, that will be your NBA. Read through Vauban's most excellent guide, reread it if you have already done so.
The Ryanair thread and the excellent Dw Watson's notes will help in the ESCP process.

Twinkle64

We have received a similar letter as has someone else we know who was on the same flight. We are going to pursue this. Refuelling problems aren't an extraordinary circumstance imo. It is just a supplier management issue.