Primera Delayed Flight due to Flight colliding with another plane

karen_tighe

Hello Martin Lewis,

Myself and my friends recently booked a holiday via ‘On the Beach’.
Going was great, everything was as it should be, however upon travelling home, things went very wrong. (please see e-mails of what happened below).
The complaint we followed as per the flight operator, however (as per the below e-mails, they are not going to pay compensation).
I’d like to have some advice as to how or where we go from here, as everyone on that flight all believed that we would all receive up to 400 euro’s compensation.

Thank you in advance.





[FONT=&quot]Dear Claims Department, [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]This email refers to the cancellation of a Primera Flight PF2872 from Malaga (AGP) to London Stansted (STN) on the 25 May 2018.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Before proceeding with the claim I would like to express the unprofessionalism displayed by your company. What is disappointing is the fact the flight was delayed was due to a minor airfield incident which occurred at 0915hrs in London between a Primera flight to Malaga and a Ryanair flight to Dublin. As a company having been aware of these facts your staff in Malaga where unable to furnish passengers of the reasons for why the flight had been cancelled.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There was no communication between your company and the passengers you were providing a service for. No member of staff appeared at the gate in Malaga to inform us of the fact the flight had been cancelled. In fact you had the audacity to display a delay one showing at 1400hrs and one at 1700hrs before proceeding to a full cancellation.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Then listening to the announcements we were told to go to gate 305 to receive vouchers but upon speaking to a representative she had none to furnish and was rather unhelpful and unable to provide these vouchers for food[/FONT]
[FONT=&quot]We were also informed that we had to pick up our luggage, again not an issue however we were told to go to one carousel, and our luggage appeared on a different carousel completely. The fact my friends and I were observant and checking were we able to collect our baggage and also inform your customers of where to go to collect their baggage.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Further to that when trying to establish details of what was happening i.e. where were we going to be held overnight and transfers to hotels the representative again was abrupt and had no information to provide, until some time later.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Also when trying to establish flight times fro the following day we were told the flight was at 0630hrs. When trying to ascertain the time the coach would pick us up the representative was unable to tell us when we would be collected to be transferred to the airport in the morning. In fact we only found out as we asked the hotel staff some time later.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Upon arrival at Malaga airport for our flight home to Stansted, they flight was not listed and again the staff had no idea of what was happening eventually we were informed the flight was at 0800hrs. Then when waiting for a boarding gate to be displayed, we were informed to go to gate C36 upon being there for some time, we checked the board and found that the gate had now been changed to B11. Again no updates by any ground staff.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As a company which services many passengers on a day to day basis, I have to say having used your services for the first time my friends and I are disappointed with the unprofessionalism displayed by your employees along with you as a company. If you had been informative and relayed facts to your passengers which were available on the internet you may have found that your passengers would have appreciated the information and may have been a little more receptive to the rude and abrupt representatives on the ground floor.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In relation to this claim, my friends and I are seeking compensation for the delayed flights and food vouchers which we did not receive. Also we encountered call charges as we had been split up, one had gone to establish what was happening due to lack of communication and two of us went to collect the luggage. In light of that Karen and I have encountered call charges which we would never have had if this had not happened so we would like to be reimbursed for these calls also.[/FONT]

[FONT=&quot][/FONT]



[FONT=&quot]Dear Passenger,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your e-mail and please accept our apologies for inconveniences you and your travel partners have encountered due to delay of the flight PF287[/FONT][FONT=&quot]2[/FONT][FONT=&quot] from [/FONT][FONT=&quot]Malaga[/FONT][FONT=&quot] to [/FONT][FONT=&quot]London[/FONT][FONT=&quot] on May 25th, 2018.[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]As the passenger of the flight PF287[/FONT][FONT=&quot]2[/FONT][FONT=&quot] you are aware that a collision of two aircrafts took place in the airport. We are terribly sorry for the collision and the delay of the flight.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We would also like to inform that it was not a mistake or action of Primera Air that lead to the collision with another aircraft because the Captain of the aircraft received the permission to taxi the aircraft to Runway 04 and Captain followed the permission given to him by the authorities. The Captain of the aircraft under no circumstances could foresee that there is an object on its way to runway that can lead to the damages of the aircraft[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Given above the accident that delayed the flight and your arrival in destination is extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken as Captain of the aircraft does not have any grounds for mistrust of given permissions by authorities as otherwise the whole aviation industry would immediately stop.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In accordance to the EU Regulation 261/2004, the airline is released from compensation for delay, if it occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken and therefore we need to reject your compensation request.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please once more accept our apologies[/FONT][FONT=&quot].[/FONT]
[FONT=&quot]Best regards,[/FONT]
[FONT=&quot]Customer Service
Primera Air

[/FONT]

Alan_Bowen

It is good to see that Primera is carrying on its tradition of denying claims under EU261 which according to reviews from Scandinavia, it has been doing successfully for years. Whatever the circumstances of the 'crash' at Stansted, there is always a duty of care, to provide meals, overnight accommodation and a phone call home.

The evidence appears to suggest that Primera hit the Ryanair plane whilst the Ryanair plane was stationary with its parking brake on. Primera suggest that it was ATC's fault by telling them they had room to pass, it is a tight squeeze allegedly, but in my view, it is always the crew's decision on whether it is safe to taxi or not. It would be worth checking at bottonline.co.uk to see if their on line system agrees there is a claim,

Westin

Duty of Care - yes.

Airfield collision, following ATC pushback clearance, I personally think is an exceptional incident and one I would think EU261 would not be payable.

Tyzap

All passengers should be compensated for the shambles that ensued at Malaga, someone is to blame and it's not the passengers.

There will be a full investigation into this incident and the truth will come out.

In the mean time all passengers who kept receipts for costs incurred during the delay should submit them to Primera who are responsible for their repayment.

IMO they will also be responsible for EU261 compensation too, Primera can however reclaim from a third party if that third party is ultimately found to be responsible.

jpsartre

Tyzap wrote: »

IMO they will also be responsible for EU261 compensation too, Primera can however reclaim from a third party if that third party is ultimately found to be responsible.

That's not how the regulations work. If the incident happened because of STN ATC instructions (and I have read nothing about this to suggest otherwise), it is not one the airline could have taken reasonable steps to prevent and no compensation is due. There is nothing in EU261 to support that the airline should pay out compensation for delays outside of its control and then seek to have their expenses covered elsewhere.

JPears

If a pilot is incompetent enough to move his aircraft when there isn't space that's not an EC.
If the RA aircraft was parked up and in the correct position, that's not RAs fault. I would have that the the decision to do anything with an aircraft, for its safety, ultimately lies with the captain.

jpsartre

Read my post again: I explicitly said *if* the airline could not have taken reasonable steps to avoid the incident. You're talking about cases where extraordinary circumstances do not obtain. It's two completely different situations. We'll see what happens in this case when investigations are finished but I doubt the Primera pilot will end up being blamed.

Tyzap

jpsartre wrote: »

Read my post again: I explicitly said *if* the airline could not have taken reasonable steps to avoid the incident. You're talking about cases where extraordinary circumstances do not obtain. It's two completely different situations. We'll see what happens in this case when investigations are finished but I doubt the Primera pilot will end up being blamed.

I'm not interested in any hypothetical situations, otherwise I could ask you 'but what if it was caused by the man on the moon'. Absolutely pointless and time wasting.

Lets just stick to facts and help passengers with problems. If you have nothing positive, accurate or helpful to contribute don't post.

jpsartre

If want to wait for the facts to come out that's fine but then don't say that passengers should be compensated because we don't yet know if that's the case.

Tyzap

jpsartre wrote: »

don't say that passengers should be compensated because we don't yet know if that's the case.

If you want to quote me then please do it accurately.

This is actually what I said...

"IMO they will also be responsible for EU261 compensation too"

It's my opinion, and it remains just that. It's not a fact, but it is based upon my knowledge of that accident and the EU261 regulations.

jpsartre

Tyzap wrote: »

It's my opinion, and it remains just that. It's not a fact, but it is based upon my knowledge of that accident and the EU261 regulations.

And that's what I provided as well.