Flight delay compensation, all other EU airlines

iwannanicerlife17 · 15 November 2017 at 2:14PM

Thank you - I'll have a read!

msmnc · 19 November 2017 at 1:03PM

I have been following the threads relating to the Enterair flight 456 compensation & have also received a compromise agreement in response. Does anyone have an update/latest on whether they have been successful in rejecting this offer & receiving the full amount due?
If so could someone share a response/wording that I could also use. Thanks.

[Deleted User] · 19 November 2017 at 6:32PM

For what it's worth, I had a flight delayed 24 hours with Norwegian. The reason for this was some kind of IT fault with the plane's computer system (they never really specified exactly what the problem was). I wrote to them to ask for compensation and they sent an email that was fairly similar to what you've received here citing extraordinary circumstances. I wrote to the Danish regulator and told them, they got in touch with Norwegian who then agreed to pay 600 euros compensation.

So no, it isn't final, and it seems to me that Norwegian like many airlines simply cite extraordinary circumstances as a first response. In my case they gave in very quickly just from the Danish regulator getting in touch with them as it was obvious they had no basis for avoiding compensation.

legal_magpie · 19 November 2017 at 6:42PM

You should only agree to a compromise agreement if (a) Your claim is doubtful and you are settling rather than running the risk of losing; or (b) You are getting something in return over and above that to which you are entitled. Usually compromise agreements involve a confidentiality clause and you should only agree to this if the airline is giving something in return. In other words, if you have a cast iron case (if there is such a thing!) and the airline is offering you exactly that to which you are entitled there is no compromise and you should not agree to a confidentiality clause. The question should be "what are you prepared to offer me in return for my entering into this agreement?"
If they do offer you more than your entitlement in return for your keeping the agreement confidential, then this is binding on you if you accept it.

Mr_Nibz · 20 November 2017 at 9:41PM

Hi Msmnc, I've had a letter back from EnterAir in the form of a compromise agreement and I've been waiting for any feedback from others re this delay before I reply, however the offer made seems to be the norm. As a first reply to them I'm going to respond that I'm not willing to sign up to their offer as it falls short of what they are obligated to offer, failure to comply with their obligations will result in further action from me. I'll be away for a couple of weeks so don't expect a reply now till late Dec but will keep this thread posted with any updates.

Beals70 · 20 November 2017 at 11:36PM

Hi new to site so any advice would be appreciated. Delayed in sandford orlando for 5.5 hours advised due to technical fault with plane in Manchester this was reiterated by the pilot and crew when boarding flight. Letter received from TUI Today advising that the flight logs state medical emergency and this amounts to extraordinary circumstances so claim rejected. Any advice on next steps please

JPears · 20 November 2017 at 11:36PM

Mr Nibz, may I suggest you have all the legal paperwork completer for small claims or the ESCP and submit a copy to Enterair. That may prompt them into the correct course of action.
And make a letter of complaint to the CAA

JPears · 20 November 2017 at 11:49PM

Beals70 wrote: »

Hi new to site so any advice would be appreciated. Delayed in sandford orlando for 5.5 hours advised due to technical fault with plane in Manchester this was reiterated by the pilot and crew when boarding flight. Letter received from TUI Today advising that the flight logs state medical emergency and this amounts to extraordinary circumstances so claim rejected. Any advice on next steps please

1. Please post on Thomson (now TUI) thread.
2. Downlaod Vauban's guide.
3. Check with an online company such as Botts to see if you have a valid claim.
4. Consider submitting your claim to CEDR, the ADR for TUI, if TUI will provide a deaqdlock letter or are refusing to payout.
5. After reading Vauban's guide consider progressing the claim further yourself.

ivoryandgold · 21 November 2017 at 5:06PM

My flight with Norwegian from Edinburgh-NY was delayed, meaning that we landed 2 hours and 55 minutes late - but there was a problem opening the doors and this came to an overall delay of 3 hours and 10 minutes. We have claimed compensation but we have been told that the plane was only delayed 2 hours and 55 minutes so we will not be compensated. We are going to reply explaining that the delay is based on what time the doors of the place open - is there anything else we can say/do?

I want to say that surely it would be illegal of them to record this incorrectly, but looking over this thread, who knows what they'll do.

Thankyou!

JPears · 21 November 2017 at 5:30PM

You have learnt well young Padwan!
The time is when aircraft doors open to exit, not touch down or when the aircraft comes to standstill.
The difficulty will be proving this but equally, Norwegin will have to prove also.
For future reference, if ever in the same situation, get your phone camera out when near 3 hours.

Flight delay compensation, all other EU airlines

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