I paid for tickets - family was flying - who should make delay claim?

hardupdaddy

I have family living in Finland. I booked and paid for their flights to come to visit, with a non-EU airline (Norwegian Air). It was a direct flight from Helsinki to Gatwick.

The booking was made in UK. They were delayed18 hours by crew sickness, which I understand has been held in the UK courts to be no excuse. The airline are saying no to compensation (they did of course provide hotel and meals overnight).

My son is sceptical that he can succeed with a claim in either Finland or Norway. Can a claim be made in the UK courts? And if so, who claims? My son, as lead passenger in the group, or me as the booker and payer?

Grateful for any help and advice here.

Justice13075

It is the person flying not the person buying the tickets who claims the compensation, it seems your family are due compensation. Your son can claim for the compensation on behalf of the family. He needs to go onto the Norwegian air website and make a claim.

hardupdaddy

Thank you Justice.

He has already had a refusal from the airline, saying that they regard crew sickness as exceptional circumstances, relieving them of the liability under the EU regulation for compensation beyond food and accommodation overnight (which they provided).

Norwegian are not signed up to any arbitration scheme.

My son thinks that the exceptional circumstances defence might well be accepted by the Finnish courts, and the Norwegian courts, if he tried to pursue it further there, even though courts here in the UK have decided that it doesn't wash, and airlines must either have standby staff available or be prepared to take the financial consequences.

So the question at the court action stage I think boils down to this: can he, as a non-UK resident, take action through the UK court system on the grounds that the flight concerned departed from an EU country and was to land at a UK airport? If his residency status prevents that, can I, as the person who made and paid for the booking, do so on his behalf?

Sorry for not spelling out the question more fully in the original post.

JPears

But if you have a Uk address he can use that to use the UK court system, if it better than the Norwegian one. Norwegian air is classed as EU airline for reg 261/2004, othrwie you would have no claim.

leylandsunaddict

He can use the European Small Claims Procedure.

Vauban

JPears wrote: »

But if you have a Uk address he can use that to use the UK court system, if it better than the Norwegian one. Norwegian air is classed as EU airline for reg 261/2004, othrwie you would have no claim.

Three quick points:

1) The flight left Helsinki, an EU airport. So Norway's EU status is irrelevant - all airlines that leave from Helsinki are covered by Regulation 261/04;

2) The European court has ruled that you can sue an airline in either the jurisdictions of the point of departure or arrival - or the HQ of the airline concerned (assuming it's in Europe). If Norwegian air has a registered UK address (it does), use the UK small claims court;

3) There has been no binding judgement in the UK courts (so long as I know) relating to crew sickness. There are county court judgements that say it's no extraordinary circumstances; but there may also be instances when judges have ruled it is. None set a precedent - but I think a rational application of the Huzar/Wallentin criteria suggest crew sickness is generally not extraordinary.

If your family due sue in the U.K. Courts though (and I do not know anything about the Finnish system) they should ordinarily be resident here - certainly with a UK address - and need to be willing to attend court here if necessary.

Tyzap

From another thread, but on the subject.

http://forums.moneysavingexpert.com/showpost.php?p=72059074&postcount=7

hardupdaddy

Thank you Vauban. I think that is the conclusion we're coming to.

My son's observation makes him think the Finnish courts are likely to be more sympathetic to the corporates than to the consumer, so claiming here looks better, given that some county courts have already found that crew sickness isn't an exceptional circumstance - unless anyone on the forum has a different experience?

Since starting this thread I've found the online guide for litigants in person at gov.uk, and it's clear that the registration process can allow for a different correspondence address inside the UK when the individual lives outside the UK, so residence status isn't the concern we thought it might be.,