Flight delay compensation, all other EU airlines
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Hi, I recently submitted a claim to Norwegian and received this response, do I have a case?
Thank you for contacting us with your claim.
Unfortunately, Norwegian flight DY7016 (JFK-LGW) 07.01.2018 was delayed by 5 hours and 5 minutes. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*.
Although we respect your request for compensation, we’re unable to honour your claim as your flight was delayed due to extraordinary circumstances. This is in accordance with the European Court of Justice Verdict C-549/07 Wallentin-Hermann.
Unfortunately, we're unable to cover the expenses claimed as we're not liable for such costs. For information regarding the legal basis for the reimbursement of financial losses in the event of a flight disruption, please see below**.
We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.0 -
Hi, I recently submitted a claim to Norwegian and received this response, do I have a case?
Thank you for contacting us with your claim.
Unfortunately, Norwegian flight DY7016 (JFK-LGW) 07.01.2018 was delayed by 5 hours and 5 minutes. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*.
Although we respect your request for compensation, we’re unable to honour your claim as your flight was delayed due to extraordinary circumstances. This is in accordance with the European Court of Justice Verdict C-549/07 Wallentin-Hermann.
Unfortunately, we're unable to cover the expenses claimed as we're not liable for such costs. For information regarding the legal basis for the reimbursement of financial losses in the event of a flight disruption, please see below**.
We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.0 -
helenlisataylor wrote: »Unfortunately, we're unable to cover the expenses claimed as we're not liable for such costs. For information regarding the legal basis for the reimbursement of financial losses in the event of a flight disruption, please see below**.
what expenses were you claiming?
duty of care means they should have provided refreshments (or reimbursement) during the delay in JFK. Any costs such as transport back in UK would be one for your travel insurance
EUClaim says you should be due €600 for the delay0 -
I was claiming for refund of the ticket due to being over 5 hours delayed, travel cost back in the UK having to travel in peak time and loss of earnings (as i was unable to work in the afternoon). I can understand them not paying the other expenses but I definitely think i am entitled to a refund on the ticket. What is the best process to claim the $600?0
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They also sent the below. I was given $13 fo refreshments that was all.
* Flight disruption information
Norwegian flight: DY7016 (JFK-LGW) 07.01.2018
Disruption type: Delayed
Delay time: 5 hours and 5 minutes
Reason for disruption: This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to adverse weather conditions and unforeseen difficulties with the facilities at the airport.
** Legal basis for the outcome of flight disruption claims
In the event of a flight disruption, we will always provide assistance (e.g. overnight accommodation, meals, telephone calls, transport) according to EU Regulation 261/2004. In the event that a passenger incurs such costs during a disruption, we will reimburse within reasonable limits if the expense was deemed necessary and an itemised receipt can be provided. We will not reimburse such costs if the passenger did not allow us the opportunity to provide this type of assistance, or if the costs were incurred following a missed onward flight with Norwegian in a separate booking, or if the alternatives available to the passenger were not suitable. We're also unable to refund the cost of our ticket if the passenger travelled on the disrupted flight. A refund of the Norwegian ticket will only be provided if the flight is cancelled or delayed by 5 hours or more and the passenger chose not to travel. If the passenger is entitled to a refund of a new ticket (with Norwegian, or another carrier), we will only refund the cost of the new ticket, or the difference between the new ticket and the Norwegian ticket if the Norwegian ticket has been refunded.
Any consequential losses incurred as a result of the disruption will only be reimbursed if the reason for the disruption is within our control. If we do not consider that adequate measures have been taken by the passenger to ensure that they will reach pre-booked arrangements (e.g. connecting transport, accommodation, events etc.) we will not cover these costs even if the disruption is within our control. Likewise, we're unable to cover consequential losses that cannot be documented, expenses that the passenger would have incurred even if the flight had not been disrupted, or unnecessary legal representation for the submission of such claims. According to the Montreal Convention and the decision made by the Norwegian National Enforcement Body in case 1222/2016, the passenger is not entitled to reimbursement of consequential losses if all reasonable measures were taken by the airline to avoid the technical difficulties that caused the flight disruption. According to EU Regulation 261/2004 Article 12, extra costs not directly associated with the provision of assistance outlined in this regulation may be deducted from standard compensation. For more information regarding your rights, Norweigen rights (had to remove the link)
The outcome of this claim is based on the confirmed reason for the disruption of the flight/flights in question, and can be used for insurance purposes if necessary.
According to the ADR Directive, we are informing you that The Ombudsman Service LTD is an approved Alternative Dispute Resolution (ADR).Please be aware that Norwegian Air Shuttle has not currently signed up to the Alternative Dispute Resolution.0 -
helenlisataylor wrote: »I was claiming for refund of the ticket due to being over 5 hours delayed, travel cost back in the UK having to travel in peak time and loss of earnings (as i was unable to work in the afternoon). I can understand them not paying the other expenses but I definitely think i am entitled to a refund on the ticket. What is the best process to claim the $600?
did you not take the flight? refund for over 5 hours delay IF you choose not to take the flight
Sounds like your claim is for €600 total given that vouchers were provided.
Search for Vaubans Guide (google) grab a coffee and read...you will likely need to go to court and find if the judge on the day agrees with their decision0 -
did you not take the flight? refund for over 5 hours delay IF you choose not to take the flight
Sounds like your claim is for €600 total given that vouchers were provided.
Search for Vaubans Guide (google) grab a coffee and read...you will likely need to go to court and find if the judge on the day agrees with their decision
I took the flight, I have read through Vaubans, will try the NBA then use 3rd party to take it on for me, shouldnt have to do all this tho!0 -
helenlisataylor wrote: »I took the flight
Then you're not entitled to a refund. Whether you're entitled to compensation depends on the specifics of your case. It's impossible to say either way based on you've been told by Norwegian.0 -
Update on ENT455 Heathrow to Heraklion last year.
Following the first offer of compensation if I signed an NDA, I sent them an NBA, as clearly offering me something is admitting it's their fault... They have responded to that with an increase in their offer, it is still half of what I see as them legally owing me and took about 3 months to arrive after the NBA...
The Mrs said just take what they've offered, but I am inclined to go back and reiterate that the amount owed is 400 euros per person...
I approached the CAA initially too, went through the hoops of raising a case etc... I actually never heard back, no response, no follow up, no communication at all! Great organisation!0 -
I hope Im posting this in the right place
I sent this to Norwegian Air
22nd November 2017
Airline: Norwegian
DY1349 flight delayed from Manchester to Oslo, which meant us missing out connecting flight (DY382) Oslo – Tromso.
Very stressful internal transfer to find an alternative flight for us to get to Tromso, passed from pillar to post, finally found the correct person to speak to, we were then booked onto a new connecting flight DY328 NEW DEPARTURE TIME 19:00
This flight was delayed hour by hour by hour, we were moved check in gates then after over 4 hours of delays our flight was cancelled!
We then headed to customer service to get booked on the next flight and for the airline to accommodate us in a hotel.
2am we were finally seen by customer service! After sitting on the floor waiting for 3 hours! THREE HOURS just to see customer service!
It took the airline over 2 hours just to bring us out some water.
By the time we were seen by customer service, stressed out and tired there were no hotels left, we were offered no accommodation! We were booked on a flight the next day at 8am (FLIGHT DY381).
We spent the night sleeping on the floor in the airport! A very stressful start to what was meant to be a holiday of a lifetime!
We missed our first nights booking at our hotel in Tromso VALUE OF £105
We also missed our whale watching tour we had booked for the morning VALUE £277
Even the flight we finally managed to board the next day was delayed, while they fuelled the plane with the passengers on it!
The whole experience was highly stressful and the lack of organisation and solutions from Norwegian Air not acceptable!
I WAS SHOCKED WITH THIS REPLY - NO compensation because of WEATHER! its Norway! its snows ???
Thank you for contacting us with your claim.
Unfortunately, Norwegian flight DY328 (OSL-TOS) 22.11.2017 was cancelled. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*.
Although we respect your request for compensation, we’re unable to honour your claim as your flight was cancelled due to extraordinary circumstances. This is in accordance with EU regulation 261/2004 Article 5(3).
Unfortunately, we're unable to cover the expenses claimed as we're not liable for such costs. We will provide passengers with the necessary assistance during the delay such as meals, phone costs etc. Any pre-booked arrangements (e.g. connecting transport, accommodation, events etc.) will not be covered even if the disruption is within our control. Any consequential losses incurred as a result of the disruption will only be reimbursed if the reason for the disruption is within our control. For information regarding the legal basis for the reimbursement of financial losses in the event of a flight disruption, please see below**.
We sincerely apologise for the inconvenience caused by the disruption to your flight. We understand that punctuality is vital for our passengers, and Norwegian strives to ensure that all flights operate according to schedule. Regrettably, due to the nature of air travel, delays and cancellations are unavoidable and do occur from time to time. We apologise for any disappointment and discomfort caused as a result of this.
We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.
Kind regards,
Ariana
The Customer Relations Team
I have since contacted myflightdelayed.com but they have asked for a copy of our passport, which makes me nervous, can anyone help please ?0
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