Thank you for contacting Air Transat
Please accept our sincere apologies for the inconveniences caused as a result of the delay on flight TS207 this past August
While never welcome, despite our constant efforts to prevent their occurrence, drawbacks can and do occur. The decision to delay any aircraft is never taken lightly. Our priority always remains the safety of our passengers and crew.
Mr. xxxxx, while we understand your frustration, regrettably, no compensation is possible as the delay was caused due to the weather.
In closing, we thank you for choosing Air Transat and hope that you will
give us a future opportunity to serve you under better circumstances.
I then went to the CAA to see what they could do and below is letters from them
you for your telephone call today and for your patience while we have been
investigating your complaint.
We have received a response from Air Transat, and we are currently re-contacting them for further evidence.
We will be in contact with you when we have received this information.
then this today
Dear Mr xxxxxx
Thank you for your patience with the Civil Aviation Authority while we investigated the disruption of flight TS207 on 20 August 2019.
I am sorry to tell you that we have not received a response from Air Transat that contains further information required to resolve your complaint, despite our reminders.
In general, it is the airline which must prove that 'extraordinary circumstances' existed and as such they do not need to pay compensation under the Regulation. In the absence of any information from the airline to justify that your flight disruption fell under this exception, we have proceeded to consider your complaint based on the information provided by you. Based on that information provided by you and the lack of information provided by the airline, the CAA's opinion is that compensation would be payable in your case. I appreciate that you will be disappointed with this response. Where we think a passenger has a genuine grievance against an airline we do our best to assist and mediate a solution. However, we do not have legal powers to impose a solution on an airline in the way that an ombudsman type scheme does.
Therefore, if you do wish to proceed with your complaint, you will need to decide whether you wish to issue a court claim. You can find consumer advice on taking a case to court at the following link: xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
If you do issue a court claim, you may make reference to the CAA's opinion above in support of your claim. However, you should be aware that Air Transat may provide further information in the course of the court proceedings to justify non payment.
If you do decide to take court action we would be very interested to hear about the outcome of your case as it may help us in our enforcement work