Flight delay compensation, all other EU airlines

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  • Hi my family and I where returning from UK to Oslo and the norwegian flight was delayed and then cancelled - I claimed myself for compensation and got this reply
    "Unfortunately, Norwegian flight D81640 (EDI-OSL) 22.07.2017 was cancelled. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*." Disruption type: Cancelled
    Reason for disruption: This cancellation was caused by air traffic control restrictions.

    So I emailed back and asked for more details i.e. was it due to the original flight arriving late in the first place and not getting a slot etc I wrote I would like further information with respect to "* Flight disruption information Norwegian flight: D81640 (EDI-OSL) 22.07.2017
    Disruption type: Cancelled Reason for disruption: This cancellation was caused by air traffic control restrictions.
    I wish to know what the ATC restriction where at Madrid airport I think, and was this due to the late arrival of the aircraft at Madrid. It should be noted that culpability for such a cancellation is in large part the airline's, as the airline could have selected another flight to cancel instead of the one the airline selected to cancel. It is the Airline decision to cancel, not the ATC​. So please could I have a detailed account of the reason for cancellation. I.e. timing of flights arriving in Madrid etc .

    This is the reply I got : thank you for contacting us again. We regret that you are unhappy with the outcome of your claim.
    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.
    We would kindly advise that the delay was caused by air traffic control restrictions, which is considered as extraordinary circumstance. Unfortunately, we are not able to prepare a more detailed clarification or a report, as information of that kind can only be prepared and sent to National Enforcement Body of the country where disruption occurred.

    I want to know if this is true??
    thanks
    gareth
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    This is what the regs say about EC's (extraordinary circumstances). Basically, if an airline claims exemption via an EC, they must provide proof to both the passenger and the NEB (national enforcement body). It sounds like they are just floundering to find a valid excuse.

    IMO, air traffic restrictions is almost always a flimsy poor excuse which they often throw up as a smoke screen.

    In order to be exempted from the payment of compensation the carrier must therefore simultaneously prove:
    ― the existence and the link between the extraordinary circumstances and the delay or the cancellation, and
    ― the fact that this delay or cancellation could not have been avoided although it took all reasonable measures.

    The carriers may provide as proof extracts from log books or incident reports and / or external documents and statements. In cases where reference is made to such proof in the reply to the passenger and/or to the national enforcement body, they should also be transmitted. Where the air carrier seeks to rely on the defence of extraordinary circumstances, such proof should be provided free of charge by the air carrier to the national enforcement body and the passengers in line with national provisions regarding access to documents.


    Keep going and you will get there in the end:)
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Thanks Tyzap, I thought as much so from your reply they are obliged to I've a detailed reason why, as the original reason was operational problems!!! So I will keep pushing for the logs etc so we can work out why the ATC restrictions was the excuse.

    thanks
    gareth
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Thanks Tyzap, I thought as much so from your reply they are obliged to I've a detailed reason why, as the original reason was operational problems!!! So I will keep pushing for the logs etc so we can work out why the ATC restrictions was the excuse.

    thanks
    gareth

    And if they refuse to tell you? Or tell you something that's possibly not true?
  • Hi Vauban do you have any suggestions
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Hi Vauban do you have any suggestions

    Well you could do worse than read my guide ...

    So options are:

    1. Write again or try to shame them on social media.
    2. Complain to CAA.
    3. Ask if the airline subscribes to an Alternative Dispute Resolution process (an arbitration scheme).
    4. Start court action.

    On 1, I think the airline are clearly giving you the runaround. You could write to them yet again, but my money would be on them ignoring you.

    On 2, the CAA might find in your favour. But they won't force the airline to pay you.

    On 3, I don't think Norwegian do subscribe to an impartial arbitration service. But you might check.

    4 is the only way to force the airline to take your claim seriously. Start with an NBA and then either proceed yourself or employ a reputable NWNF lawyer.
  • cheers Vauban
  • Hi all,


    Grateful for some advice please.

    I had booked a direct flight from Dublin to JFK to depart on Thursday 20th July 2017 departing at 10.50am.

    I got a text message from the airline at 06.30am on the morning of Thursday 20th July advising me that my flight had been cancelled and I would be accommodated on the next available flight etc.

    I got to the airport along with my wife and 2 children and were then transferred to another flight. We got a 11:10am flight to London, Heathrow (flight no. EI0162) then a connecting flight at 19:50pm to JFK (flight no. EI8883).

    On our original flight we were expected to arrive at JFK at 13:20pm, however we did not arrive until 10:35pm – a delay of just over 9 hours.

    I think we should be entitled to €600 compensation each so I put in a claim for myself, my wife and 2 children using the ‘Resolver’ website. They said I can escalate my case 14 days after I submitted the letter. This deadline passed yesterday.

    Can you advise my next step... do I now escalate the case and issue them with a letter before action?

    Any help and advice is greatly appreciate.
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Hi, have you downloaded Vauban's most useful guide?
    Why was the flight cancelled?
    Which airline?
    But in answer to your question, probably yes. escalate as an NBA.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears wrote: »
    Hi, have you downloaded Vauban's most useful guide?
    Why was the flight cancelled?
    Which airline?
    But in answer to your question, probably yes. escalate as an NBA.



    Yes I did read Vauban's guide, very useful.

    The flight was cancelled through a technical fault. There may have been an issue with the flight arriving in from JFK.

    Airline was Aer Lingus.
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