Help with delayed Norwegian flight from NY to London

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Hi guys!
Newbie poster here, but regular reader on these forums :) I'm posting as I've had a claim for flight compensation rejected by my airline, and I'm a bit confused over whether I have a case and what I should do next.

I'm not sure if this falls under EU law or the CAA as the flight was from New York one way to London with Norwegian Air, or if I even have a case at all. Any help would be hugely appreciated. Here's the situation...

- Was due to travel with Norwegian Air from JFK (New York) to London Gatwick at 10:30pm on Jan 16th 2017.
- I arrived at the airport to find my flight had been put back until 2:55am the following day without being informed. The Norwegian help desk was also conveniently unmanned at this time. - Having arrived at 9pm I was left with a 6 hour wait at JFK airport until the early hours of the next day
- The flight didn't actually leave until 3:15am and it was not a Norwegian aircraft, it was now run by another company EuroAtlantic who I had not booked with and were clearly inferior, including 'limited' (ie, pretty much non-existent) on-flight entertainment for the long-haul journey.
- I had also paid extra for a window seat (hoping to sleep on the overnight flight) and food on the flight. I boarded to find I was in fact now in a middle seat and that the same food was being provided to everyone regardless of whether they'd paid extra for it or not.

So that's about it really. Norwegian replied and have refunded the extra (£50) that I paid for the food and seat reservation which didn't happen, but have refused further compensation as they believe it was a technical fault that was not their fault, and that the delay was 4hours 50minutes rather than 5 hours.

Bit frustrating and I'd like to push back on them for compensation if I can, because it was absolute hell kicking it around JFK for 6 hours until 3am (I know, I could've gone back in to the city, but at that point I'd finished off all but a few dollars, plus I worried they might move the flight time again), the lack of communication, and of course the alternate flight operator and poor standard of service, plus not honouring the extras I paid for, on top of arriving back in London around 5 hours later than I planned.

Thanks if you read this by the way! :smiley:
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Comments

  • bryonyhiggins12
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    Hi Hawky,
    Sounds like you've had a bit of a nightmare here! I'm not an expert but from what I understand, it sounds like you should be getting compensation for the delay too.
    Have you considered using a company to get back your compensation?? Worth seeing if your claim is valid instead of chasing airlines who refuse to pay out!!! I used DelayedAgain.co.uk for my claim last year as I got nowhere with the airline. I'd use them again, they were really helpful and airline paid out quickly.
  • symphony63
    symphony63 Posts: 105 Forumite
    First Anniversary Combo Breaker
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    Hawky wrote: »
    Hi guys!
    Newbie poster here, but regular reader on these forums :) I'm posting as I've had a claim for flight compensation rejected by my airline, and I'm a bit confused over whether I have a case and what I should do next.

    I'm not sure if this falls under EU law or the CAA as the flight was from New York one way to London with Norwegian Air, or if I even have a case at all. Any help would be hugely appreciated. Here's the situation...

    - Was due to travel with Norwegian Air from JFK (New York) to London Gatwick at 10:30pm on Jan 16th 2017.
    - I arrived at the airport to find my flight had been put back until 2:55am the following day without being informed. The Norwegian help desk was also conveniently unmanned at this time. - Having arrived at 9pm I was left with a 6 hour wait at JFK airport until the early hours of the next day
    - The flight didn't actually leave until 3:15am and it was not a Norwegian aircraft, it was now run by another company EuroAtlantic who I had not booked with and were clearly inferior, including 'limited' (ie, pretty much non-existent) on-flight entertainment for the long-haul journey.
    - I had also paid extra for a window seat (hoping to sleep on the overnight flight) and food on the flight. I boarded to find I was in fact now in a middle seat and that the same food was being provided to everyone regardless of whether they'd paid extra for it or not.

    So that's about it really. Norwegian replied and have refunded the extra (£50) that I paid for the food and seat reservation which didn't happen, but have refused further compensation as they believe it was a technical fault that was not their fault, and that the delay was 4hours 50minutes rather than 5 hours.

    Bit frustrating and I'd like to push back on them for compensation if I can, because it was absolute hell kicking it around JFK for 6 hours until 3am (I know, I could've gone back in to the city, but at that point I'd finished off all but a few dollars, plus I worried they might move the flight time again), the lack of communication, and of course the alternate flight operator and poor standard of service, plus not honouring the extras I paid for, on top of arriving back in London around 5 hours later than I planned.

    Thanks if you read this by the way! :smiley:

    sent you PM
  • Hawky
    Hawky Posts: 4 Newbie
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    Thanks Bryony, I had a quick look at this, but 25% of the compensation fee and a £25 admin fee does seem quite high, especially if it's something straightforward I can do myself by knowing how to take this complaint up. I had actually looked at another one of these called Airhelp who seem to do the same thing, but their fees were lower. Might be an option if I don't get anywhere...
  • DrA_Harrogate
    Options
    Step 1 - download Vauban's excellent guide (google). Step 2 - make big pot of coffee and read guide at least twice. You will now know if you are owed compensation (I think the answer is Yes). Step 3 - use an online checker e.g. from Bott & Co (the most experienced outfit in the biz) to see if they class it as a qualifying delay and would chase it for you. Step 4 - use a nwnf lawyer as stated or do it yourself by firing off a NBA letter and taking it from there. Good luck.
  • Hawky
    Hawky Posts: 4 Newbie
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    Thank you for the excellent advice! This is my first time claiming, so it really is very helpful as it's a little mind-boggling going through the thousands of posts here. I have been reading Vauban's guide today and it does seem like there is a good case for compensation, Bott & Co just backed that up when I checked now. So I will fire off an NBA letter as advised and go from there. It's really just hanging on what the unstated 'extraordinary circumstances' are that Norwegian have cited as the reason for not compensating.

    Maybe a stupid question, but would it be better to post an NBA letter to the Norwegian office directly, or would an email suffice? Thanks again!
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
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    Hi Hawky,
    Sounds like you've had a bit of a nightmare here! I'm not an expert but from what I understand, it sounds like you should be getting compensation for the delay too.
    Have you considered using a company to get back your compensation?? Worth seeing if your claim is valid instead of chasing airlines who refuse to pay out!!! I used DelayedAgain.co.uk for my claim last year as I got nowhere with the airline. I'd use them again, they were really helpful and airline paid out quickly.

    If you are going to use a NWNF outfit, my advice is to use proper and reputable lawyers with a track record of managing flight delay claims. I have no idea who "delayed again" are - never heard of them.

    Of course it's relatively straightforward, with a bit of effort, to manage the claim yourself - and keep 100% of the compensation!
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
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    Me suspects delayed again poster is connected (1st post on MSE) and no details given.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • DrA_Harrogate
    Options
    By all means e-mail, but a letter with proof of posting from your local Post Office is what I would use. Do both. A note (!): if one uses nwnf there are 2 sorts of company - first a firm of lawyers that specialise in this area and second claim firms that pursue flight and other companies and employ lawyers if required. If you browse messages here there are really only a couple of outfits that get frequent positive mention. I concur with m'colleague JP's cautious note. However, it looks like you are doing it yourself so good luck and keep us posted!
  • Hawky
    Hawky Posts: 4 Newbie
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    Hi guys, thanks for all the advice here. So I submitted my NBA letter to Norwegian and they have rejected the claim again (as outlined below). I'd still like to pursue this further myself before considering a NWNF company, so do you think the next step would be to now take this up with CAA? Thanks again!

    Whilst we respect your request for further consideration of your claim, there are certain conditions which we must adhere to, in order to ensure that we are providing a fair and equitable service.

    In accordance with the guidelines outlined in your previous correspondence, unfortunately we are unable reconsider our decision in relation to this matter.

    Kind regards,
    Customer Relations
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
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    Certainly NOT. If you have read Vaubans guide follow the advice and issue proceedings in the small claims court. If you haven't read it download it and read and then issue court proceedings. Don't bother with the CAA they are as much help as a chocolate teapot.
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