Aviation ADR - Challenge Decision

TheGame21

We had an issue with an airline and after going through the complaints process, we still were not satisfied and went to the Aviation ADR. We are not happy with their decision and wanted to know has anyone challenged a decision by them before? They mention in their letter there is no appeal and can only challenge the decision through the courts. 

MattMattMattUK

TheGame21 said:

We had an issue with an airline and after going through the complaints process, we still were not satisfied and went to the Aviation ADR. We are not happy with their decision and wanted to know has anyone challenged a decision by them before? They mention in their letter there is no appeal and can only challenge the decision through the courts. 

You can challenge their decision, in the courts, that is the route you are required to take if you wish to take things further. On what grounds do you disagree with their decision? Not liking the outcome is not enough and I would expect the court to be less likely to find in your favour than either the airline's complaints process or the ADR.

Mark_d

I would think of this escalation as an appeal to the country court.  It's not quite the same but why would the court come to a different outcome than the ADR?  Are you presenting information that the ADR had no sight of?

eskbanker

TheGame21 said:

We had an issue with an airline and after going through the complaints process, we still were not satisfied and went to the Aviation ADR. We are not happy with their decision and wanted to know has anyone challenged a decision by them before? They mention in their letter there is no appeal and can only challenge the decision through the courts. 

Appendix 2 of the AviationADR scheme rules sets out how you can complain about the way they dealt with your case, but they're at pains to stress that this doesn't allow such reviews solely on the basis of "You are unhappy with the determination (save for in any of the circumstances set out in the table showing complaints we can deal with)".

However, they do envisage challenges in various circumstances including:

• We took account of information that we should not have taken account of
• We applied the facts incorrectly
• We applied an irrational interpretation of the law/regulations 

so you'd need to fit your complaint into a category like that in order to escalate within AviationADR, e.g. to the Chief Adjudicator, or ultimately to the independent assessor (who'd probably have more stringent criteria for involvement).

You might find it worthwhile to share details of your case on one of the flights boards, where the regulations, etc, are dissected regularly!

https://forums.moneysavingexpert.com/categories/flight-delay-compensation
https://forums.moneysavingexpert.com/categories/flights-currency-car-hire

Hoenir

TheGame21 said:

We are not happy with their decision and wanted to know has anyone challenged a decision by them before? 

What evidence do you have to challenge the decision made? 

TheGame21

eskbanker said:

TheGame21 said:

We had an issue with an airline and after going through the complaints process, we still were not satisfied and went to the Aviation ADR. We are not happy with their decision and wanted to know has anyone challenged a decision by them before? They mention in their letter there is no appeal and can only challenge the decision through the courts. 

Appendix 2 of the AviationADR scheme rules sets out how you can complain about the way they dealt with your case, but they're at pains to stress that this doesn't allow such reviews solely on the basis of "You are unhappy with the determination (save for in any of the circumstances set out in the table showing complaints we can deal with)".

However, they do envisage challenges in various circumstances including:

• We took account of information that we should not have taken account of
• We applied the facts incorrectly
• We applied an irrational interpretation of the law/regulations 

so you'd need to fit your complaint into a category like that in order to escalate within AviationADR, e.g. to the Chief Adjudicator, or ultimately to the independent assessor (who'd probably have more stringent criteria for involvement).

You might find it worthwhile to share details of your case on one of the flights boards, where the regulations, etc, are dissected regularly!

https://forums.moneysavingexpert.com/categories/flight-delay-compensation
https://forums.moneysavingexpert.com/categories/flights-currency-car-hire

Thank you, this is very helpful.