Claiming against Norwegian Airlines

duchy · 13 October 2018 at 10:10AM

Waiting on Norwegian to confirm my claim. As they've already confirmed in writing to others it was a cancellation due to tech issues and that compensation for both EU and food etc is due I'm not expecting them to refuse it however the claim is for my son, step daughter and her three children but paid for by me (as were all their out of pocket expenses) as they joined us for part of our holiday. The claim form just asks for bank details which I've completed but on the letter I've seen for another passenger on the same flight accepting their claim I see they ask for power of attorney . All the tickets were paid for by me (and can prove that with card statements ) . I was thinking of preempting this by adding written permission from the adult passengers and the children's parent to refund back to me and adding the docs to the online claim as additional docs can be added to that . Any thoughts ?

JPears · 13 October 2018 at 11:09AM

Compensation is for the passenger's inconvenience. Are you saying you would like to have all the compensation for yourself or just so you can get 1 payment and distribute the compensation (not expenses that you paid for) to your family?

duchy · 13 October 2018 at 6:52PM

One payment .....we have minors involved.
Interesting point though......is the payment compensation for failure to provide agreed service in which case the purchaser should be recompensed .....or payment for inconvenience in which case to the passenger. Not so relevant in this case as it is family so returns to the holiday pot (a blinking nusience if it goes into five different accounts , the four year old doesn't even have one) but possibly quite relevant in situations involving business travel and cancelled flights. Should an employee benefit to the tune of €600 when travelling on company business if a flight is cancelled ?
I used to work in business travel and I can't see how a company would find that justifiable.

If taking your argument to its logical conclusion then power of attorney would be required for all children if parents didn't want it to be paid to a minor passenger. Sounds quite expensive as well as overkill.

Justice13075 · 13 October 2018 at 7:15PM

Someone travelling which has been paid for by their company also gets the compensation it is for the inconvenience to the passenger so in your case the child gets the same compensation as the adults. Its irrelevant who paid

owenjt · 20 October 2018 at 1:09PM

So I flew from Gatwick to LA on 22 August. The flight was delayed for 3 hours and 23 minutes.

I opened a case with Norwegian and have just had a reply saying the following:

Unfortunately, Norwegian flight DI7095 (LGW-LAX) 22.08.2018 was delayed by 3 hours and 23 minutes. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Reason for disruption: This disruption was caused by an inspection of the aircraft following a possible technical fault. During inspection, no technical defect was found. The aircraft was then released for operation without the need to replace any components.

In most cases, passengers will be entitled to compensation in the event that the disruption is caused by a technical defect. This is in accordance with the European Court of Justice ruling in the case of van der Lans (C-257/14) which states that technical difficulties resulting in the replacement of a defective component on the aircraft may be within the carrier’s control and entitle the passenger to compensation.

Nevertheless, according to this verdict, certain technical problems may constitute extraordinary circumstances and exempt the carrier from its’ liability of compensation. This would apply in cases where the aircraft is released from inspection without the presence of a technical defect or any need to change a faulty component, as well as technical problems that affect flight safety, such as hidden manufacturing defects, and/or damage to the aircraft caused by acts of sabotage or terrorism.

Does anyone know whether I can take this further? Should I refer it to the AviationADR? From what I've read a technical fault (which in face turned out to be nothing in this case) cannot be an 'extraordinary circumstance'?

Justice13075 · 20 October 2018 at 1:36PM

You say your flight was delayed 3hrs 23 mins, was that leaving or arriving. EuClaim say you are not due compensation as your flight arrived less than 3 hours late

owenjt · 20 October 2018 at 2:21PM

Justice13075 wrote: »

You say your flight was delayed 3hrs 23 mins, was that leaving or arriving. EuClaim say you are not due compensation as your flight arrived less than 3 hours late

We arrived 3hrs 23mins late. EuClaim is incorrect.

Justice13075 · 20 October 2018 at 3:38PM

Then put your details into bottonline and see what they say

Tyzap · 20 October 2018 at 3:43PM

owenjt wrote: »

So I flew from Gatwick to LA on 22 August. The flight was delayed for 3 hours and 23 minutes.

I opened a case with Norwegian and have just had a reply saying the following:

Does anyone know whether I can take this further? Should I refer it to the AviationADR? From what I've read a technical fault (which in face turned out to be nothing in this case) cannot be an 'extraordinary circumstance'?

I have rarely read such a lot of inaccurate, unknowledgeable pure rubbish.

You are due compensation so I would take your case to AviationADR here...

https://www.aviationadr.org.uk/how-to-complain-about/airline-complaints/

Good luck.

duchy · 20 October 2018 at 8:08PM

Justice13075 wrote: »

Someone travelling which has been paid for by their company also gets the compensation it is for the inconvenience to the passenger so in your case the child gets the same compensation as the adults. Its irrelevant who paid

Norweigan seem to agree giving five year old (or an employee who hasn't paid for the ticket but is paid by their employer as they are at "work" whilst travelling) £500 is a bit absurd. There's a standard form to nominate who Norweigan pay (doesn't need to be a passenger) compensation to on their website.

Claiming against Norwegian Airlines

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