Claiming against Norwegian Airlines

Tyzap · 15 September 2018 at 11:02PM

Hi flyfranz,

Thats quite a tail and a bit difficult for us to help you if you live in USA and were delayed in Denmark. I'll do my best tho.

The airline should pay you €600 for each passenger IMHO, as lightning strike is not an accepted EC. AFAIK there is only UK lower court support for this view so how you force them to pay I'm not sure.

http://www.bottonline.co.uk/wp-content/uploads/2016/01/A18YP011Monarch-Airlines-v-Evans-and-LeeJudgment.pdf

This may not be much help to you tho as it does not set a legal precedent, particularly in a Copenhagen court, however, it may be persuasive.

Claims companies and Solicitors in the UK do not have jurisdiction in Denmark so I'm not sure this is your best approach. I believe that you would need a UK postal address to use the UK legal system which may not be easy if you are based in the US.

As far as what you can claim via the EU261 regulations, the airline may have offered what it is obliged to pay you, except for the compensation aspect, I can't tell. Generally speaking they are liable for items and cost that you incur after the flight delay. So meals, non alcoholic drinks, hotel, transport, calls etc. Consequential losses are not covered by EU261.

You will need to give them your bank details so that they can facilitate the refund, it is how most claims are resolved here. Some airlines do make payment via cheque and I suppose you could ask for that method if it is available.

Good luck.

flyfranz · 17 September 2018 at 9:15PM

Thank you very much. I did not realize that I would have to do something different as I thought that EU261/2004 covered me since I flew out of a European nation. I have my sister-in-law looking into where I would have to go in Denmark then.

I don't have a problem supplying my banking information so I can get my out-of-pocket costs reimbursed to me. I was just worried that she mentions "finalizing my claim". I don't want to accept reimbursement if it is going to preclude me from getting the compensation I also believe I am due. I don't want my acceptance of this money to make it seem like I am accepting her decision about the compensation. Just wondering if others have accepted reimbursement when denied compensation and were able to go on and get compensation? Thank you!

JPears · 17 September 2018 at 9:41PM

Just send a reply stating that you don't accept it as full and final settlement of any claim under regulation 261/2004.
Or hold off until you have put your compensation claim in.

flyfranz · 18 September 2018 at 7:20PM

OK thank you very much. I will do that. Thanks for your help!

KC_Cantiaci · 5 October 2018 at 7:39PM

Hi again.....

I posted up thread about Norwegian cancelling the route we were booked on. To cut a long story short, we were originally booked in Norwegian's Premium cabin but as they wouldn't book us into another airline's business class, we opted to take a downgrade to economy on Singapore Airlines and Norwegian told us they would refund us 75% of the original ticket price we paid....to which we agreed.

We are now booked on Singapore Airlines and Norwegian have given us a refund but it's short by £178 odd. We also didn't receive any correspondence informing us of how they've calculated it. I emailed them, called them and finally got through to someone who has told me that they have refunded me 75% of the air fare only thereby excluding any taxes?? Is this correct?

I had a quick look on the CAA website and it just says a downgrade incurs a 75% refund but there's no mention of it being relevant to the net price only? Norwegian have confirmed this via email. Anyone know the rules on this?

jpsartre · 5 October 2018 at 9:14PM

KC_Cantiaci wrote: »

I emailed them, called them and finally got through to someone who has told me that they have refunded me 75% of the air fare only thereby excluding any taxes?? Is this correct?

I'm not familiar with any court rulings that specify it but just by looking at what the regulations say, I can see no basis for calculating the refund in this manner. You're entitled to 75% of the price of your ticket. The taxes are part of clearly part of that price IMO.

Tyzap · 5 October 2018 at 10:02PM

APD

Rates for flights starting in the UK
Duty rates for flights starting from UK airports, excluding Northern Ireland and the Scottish Highlands and Islands region.

Rates from 1 April 2018
Destination bands Reduced rate Standard rate Higher rate
Band A £13 £26 £78
Band B £78 £156 £468

https://www.gov.uk/guidance/rates-and-allowances-for-air-passenger-duty

KC_Cantiaci · 6 October 2018 at 6:30PM

Well Norwegian aren't budging so what else can I do?

Can I contact the CAA directly or do I need a claims company?

Tyzap · 6 October 2018 at 8:53PM

KC_Cantiaci wrote: »

Well Norwegian aren't budging so what else can I do?

Can I contact the CAA directly or do I need a claims company?

The CAA will not take it on, try here...

https://www.aviationadr.org.uk/how-to-complain-about/airline-complaints/

Normally it is free too.

Good luck.

jennifer88 · 10 October 2018 at 8:52AM

Hi guys, I was on a delayed flight from Gatwick to JFK at the start of September, it was operated by Wamos. I submitted a claim for compensation but yesterday they came back saying comp was not due as there was a flight planning systems failure which directly effected my flight.

I'm disputing this as the inbound flight was also delayed by much more than my flight, so it didn't directly effect my flight it was a knock on delay, for it to be an extraordinary circumstance the delay should be a third party system failure and as there was only delays on the Wamos operated JFK flights (no other Norwegian or other airlines were running delays) this would appear to be an internal issue. Also Norwegian's own website gave various reasons for delay, including at one point technical reasons.

Does anyone have any experience of Norwegian's claim process? I have responded to their email but don't know if I should try AviationADR or wait and see if they budge?

Thanks

Claiming against Norwegian Airlines

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