SAS flight cancellation / delay (March 2020)

frosty12345

Hello,

We were due to travel back to the UK from Japan via Copenhagen with SAS, departing from Japan on 16/03/20.

While we were in Japan, SAS cancelled the original flight and we were rebooked on flights, departing from Japan on 17/03/20. We arrived in the UK 24 hours later than our original scheduled booking.

SAS have refunded our additional expenses for food/accomodation etc. but have rejected the claim for flight delay compensation, see email below;

"I am sorry for the inconvenience you may have encountered due to this flight disruption.
Upon investigation, flight SKxxx was cancelled as a result of the Covid-19 outbreak and as such, I’m sorry to say that I cannot meet your request for the fixed rate compensation, as this is an event outside our control.
However, I am glad to inform you that, you are entitled for the reimburse of your hotel, transportation and food cost, which you incurred during flight disruption."

While I agree that the Covid-19 outbreak was beyond their control, the airline's choice to run their schedule is within their control. Typically in March SAS operate 1 flight every day between Copenhagen and Japan. This year it was about one per week. It is SAS's decision if they operate empty/nearly empty flights due to low demand.

From the MSE page;

"... my flight was cancelled due to underbooking, and I flew later?
Yes, you can claim, depending on the arrival time of the rescheduled flight you're put on, and as long as you meet certain other criteria. See the cancellations section for the full details of when you can claim."

What would be the next step?
A petition to the adjudicator Sop?

Thanks!

eskbanker

The EU guidance at https://ec.europa.eu/transport/sites/transport/files/legislation/c20201830.pdf makes it clear that Covid is seen as triggering Article 5(3) of the EC 261/2004 regulations ("An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken"), which is why SAS have declined your compensation claim.

I'm not convinced you'd get anywhere trying to make a case that they're financially liable for flying less frequently as the pandemic took hold - Denmark went into lockdown on 13 March, with non-essential travel restrictions imposed, so expecting a full daily flight schedule the following week is optimistic!

https://www.sasgroup.net/newsroom/press-releases/2020/sas-temporarily-halt-most-of-the-traffic/

mattyprice4004

I think you’d be lucky to get compensation, I’d take the repayment of your expenses with good grace and leave it at that.

Airlines are struggling enough as it is - just my humble opinion of course. 

Christabel

I booked two flights to Copenhagen from Heathrow for 8th May, returning on 9th May for my husband and myself. The flight numbers were SK502 and SK505. The total cost was £115.14.

I put in a claim on their website for a refund for a flight cancelled due to Covid and was sent a holding email. I rang up subsequently (on a line that was costing 10p a minute) and was told I would have the refund in July. Nothing arrived so I rang them again towards the end of August and was told that I would have the refund in September. The following day I received an email from them with an attachment showing my would-be refund but it was only for the taxes and fees, so the refund amounted to £52.04. Thus we lost the airfare of £32 AND also the penalty fee of £32.

I cannot get back in touch with them because the only email address they give is a no-reply one. And it's difficult to talk to them as the calls actually go to Denmark and they of course have Danish accents, which is a struggle to understand when you're 69 years old and your hearing isn't as sharp as it was.

They are probably maintaining that the flights went ahead and that I chose not to fly but that is not the case. Where do I go from here please?

[Deleted User]

Christabel said:

I booked two flights to Copenhagen from Heathrow for 8th May, returning on 9th May for my husband and myself. The flight numbers were SK502 and SK505. The total cost was £115.14.

I put in a claim on their website for a refund for a flight cancelled due to Covid and was sent a holding email. I rang up subsequently (on a line that was costing 10p a minute) and was told I would have the refund in July. Nothing arrived so I rang them again towards the end of August and was told that I would have the refund in September. The following day I received an email from them with an attachment showing my would-be refund but it was only for the taxes and fees, so the refund amounted to £52.04. Thus we lost the airfare of £32 AND also the penalty fee of £32.

I cannot get back in touch with them because the only email address they give is a no-reply one. And it's difficult to talk to them as the calls actually go to Denmark and they of course have Danish accents, which is a struggle to understand when you're 69 years old and your hearing isn't as sharp as it was.

They are probably maintaining that the flights went ahead and that I chose not to fly but that is not the case. Where do I go from here please?

If the flights didn't go ahead you should have received a full refund but if they are disputing it you may have a fight on your hands so you will have to work out if it is worth the anguish, time spent contacting and the money you will spend chasing it up  As you  have pointed out, you could spend as much in phone calls.     Really up to you if you have the stamina for it all.   

What about any insurance, would that cover you?  Probably be an excess in excess of the refund though.   Just another possibility is IF you are not out of time perhaps you could do a chargeback if you paid by card?    Think you may be too late for that though and you will have to show proof that the flights were cancelled.

Not sure why you were charged a 'penalty'?   Did you happen to cancel flights before they did?   

Caz3121

Christabel said:

The following day I received an email from them with an attachment showing my would-be refund but it was only for the taxes and fees, so the refund amounted to £52.04. Thus we lost the airfare of £32 AND also the penalty fee of £32.

If you have not yet received the paymen,t I would wait to see whether the amount you receive matches the email or whether you receive the correct amount.

Christabel

Thanks both for taking the trouble to reply to my query.