Airlines blaming each other???

Tyzap · 19 September 2019 at 9:00AM

Mark_and_Cath wrote: »

Update, well here we are months later and getting absolutely nowhere.

Virgin and Delta both blame each other - we know that. ADR initially closed the Virgin case and said they would refer the matter to Delta.

Many weeks later I get an email saying it wasn't Delta and they had closed that case as well, they suggested and I should complain about Virgin instead. I informed them that I had already done so and they had closed the case themselves saying it wasn't Virgin :mad::mad::mad:

I was then told there would be a case review. That was over a month ago and the only thing I know is that ADR don't communicate unless you keep chasing and they are seemingly unwilling or unable to engage in the more complex issues.

Any thoughts on how I speed up this tedious process?

The ball is in the ADR court, no matter how slowly they progress.

It's their responsibility to get to the bottom of this, keep pushing them. A case review is unusual so I would bear with it for now.

I would send them an email every 14 days to ensure it is kept under review.

Good luck.

JPears · 19 September 2019 at 9:40AM

In the meantime, I would be sending letter of complaint to the CAA, both about Delta's behaviour and the total incompetency of the ADR.
CAA are trying to wash their hands of the whole flight delay issue, even though they are the legally appointed regulatory body.
I would also be inclined, if you haven't already done so, to send Delta a final demand and marked as an NBA/LBA. Let the court decide.
The legal precedents are quite clearly set and established now.
I would be chasing up on a weekly basis, otherwise it will drag on and on......

Alan_Bowen · 19 September 2019 at 9:47AM

I think there is an EU court decision which favours a claim against Virgin as the EU carrier, even though they were not at fault. I have a copy of the press release of Mestky Soud -v- Praze which involved a single ticket from Prague to Bangkok via Abu Dhabi. The first flight on Czech Airways arrived on time in Abu Dhabi but the onward flight on Etihad was over 8 hours late. The Czech court sought a determination on whether there was a liability on Czech Airlines even though they were not at fault. The court held that they were liable to pay, presumably in the hope they could reclaim from Etihad. I think the determination was in July this year but should be easy to confirm

JPears · 19 September 2019 at 10:18AM

Hi Alan,
I can't find any reference to this case.

Alan_Bowen · 19 September 2019 at 11:33AM

Decision made on July 11th 2019, the reference I gave appears to be the Czech case, the ECJ reference is Case C‑502/18, CS and Others v Česk! aerolinie a.s

JPears · 19 September 2019 at 12:47PM

So apart from Alan, we possibly stand corrected.
Even though Virgin were not at fault, they conducted the initial leg of the journey.
Clearly Delta's "excuse" is wrong.

However, this case is different to the Czech case, as the booking and therefore the contract was with Delta in the first instance, not Virgin. Whether this has any bearing is unknown.
Mark and Cath - suggest you send a copy of this judgement to the ADR.

Mark_and_Cath · 28 October 2019 at 3:31AM

Thank you for your advice so far.

I have chased regularly as advised and now rather than empty promises of case reviews my emails are greeted with silence.
I am going to take the advice of JPears and refer the matter to the CAA and see if they can/will do anything.

Thanks again...

JPears · 28 October 2019 at 9:59AM

ADR must have a proper complaints procedure process regarding their mishandling of the case?

Airlines blaming each other???

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