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    • iwannanicerlife17
    • By iwannanicerlife17 15th Nov 17, 1:14 PM
    • 2 Posts
    • 0 Thanks
    iwannanicerlife17
    Thank you - I'll have a read!
    • msmnc
    • By msmnc 19th Nov 17, 12:03 PM
    • 3 Posts
    • 1 Thanks
    msmnc
    Enterair 456 delay
    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.
    • gordon_harris
    • By gordon_harris 19th Nov 17, 5:32 PM
    • 19 Posts
    • 23 Thanks
    gordon_harris
    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
    • By legal magpie 19th Nov 17, 5:42 PM
    • 889 Posts
    • 392 Thanks
    legal magpie
    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
    • By Mr Nibz 20th Nov 17, 8:41 PM
    • 10 Posts
    • 1 Thanks
    Mr Nibz
    Enter Air 455 delay
    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
    • By Beals70 20th Nov 17, 10:36 PM
    • 1 Posts
    • 0 Thanks
    Beals70
    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
    • By JPears 20th Nov 17, 10:36 PM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    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
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • JPears
    • By JPears 20th Nov 17, 10:49 PM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    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
    Originally posted by Beals70
    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.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ivoryandgold
    • By ivoryandgold 21st Nov 17, 4:06 PM
    • 12 Posts
    • 1 Thanks
    ivoryandgold
    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
    • By JPears 21st Nov 17, 4:30 PM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    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.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ivoryandgold
    • By ivoryandgold 21st Nov 17, 4:47 PM
    • 12 Posts
    • 1 Thanks
    ivoryandgold
    Yup - I'm just worried they are going to lie through their back teeth in an attempt to stop a payout. They sent us the details of the flight and it states 2 hour 55 minutes so I'm unsure how we can go about proving otherwise if they continue to claim that this was the length of the delay.

    Also the reason for disruption they list on this e-mail isn't what was told to us on the plane, which is odd. They state '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 technical difficulties '. It is true that we were put on a different aircraft last minute, but we were then sat on that plane for 2 hours because a warning light came on about heating/aircon that needed to be fixed.

    Is there anyway I can ask the airport for any confirmation regarding what time the doors opened or is that just a laughable suggestion?

    I don't know what they'll come back with and say but hopefully its a success story - can't believe how slippery they can be! Thanks for the help!
    • jpsartre
    • By jpsartre 21st Nov 17, 5:14 PM
    • 3,277 Posts
    • 2,126 Thanks
    jpsartre
    Is there anyway I can ask the airport for any confirmation regarding what time the doors opened or is that just a laughable suggestion?
    Originally posted by ivoryandgold
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    • Tyzap
    • By Tyzap 22nd Nov 17, 4:06 AM
    • 1,451 Posts
    • 658 Thanks
    Tyzap
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    Originally posted by jpsartre
    I understand that the 'doors open' data is one of the parameters that does get recorded on every flight, so the airlines do have a record.

    They quote 'landing time' because it is more favourable to them.

    You can ask for this information at the 'disclosure' stage of court proceedings. It's the only time they cannot refuse to make it available to you during the claim procedure.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • legal magpie
    • By legal magpie 22nd Nov 17, 12:37 PM
    • 889 Posts
    • 392 Thanks
    legal magpie
    I would ask for it at an earlier stage because while in other tracks, the parties are under a duty to disclose all relevant documents, in the small claims track, the parties only have to disclose documents on which they intend to rely.
    So at the directions questionnaire stage, I would ask the Court to direct that the airline discloses ALL documentation relevant to the flight.
    • 111KAB
    • By 111KAB 23rd Nov 17, 7:38 AM
    • 3,640 Posts
    • 1,479 Thanks
    111KAB
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    Originally posted by jpsartre

    Automatic data recording - the system is ACARS - crew members are not involved.
    • JPears
    • By JPears 23rd Nov 17, 9:16 AM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    Automatic data recording - the system is ACARS - crew members are not involved.
    Originally posted by 111KAB
    See - you come on here and learn something new everyday...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ivoryandgold
    • By ivoryandgold 23rd Nov 17, 1:25 PM
    • 12 Posts
    • 1 Thanks
    ivoryandgold
    Automatic data recording - the system is ACARS - crew members are not involved.
    Originally posted by 111KAB
    Oh this is good! So would it be reasonable of me to request what time the doors were recorded as opened as per the ACARS system?

    Thanks all for your help!
    • Tyzap
    • By Tyzap 23rd Nov 17, 3:44 PM
    • 1,451 Posts
    • 658 Thanks
    Tyzap
    Oh this is good! So would it be reasonable of me to request what time the doors were recorded as opened as per the ACARS system?

    Thanks all for your help!
    Originally posted by ivoryandgold
    It would be very reasonable, unfortunately they will probably be unreasonable. The airlines don't like to give information unless they have to.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • tonydata
    • By tonydata 1st Dec 17, 11:12 AM
    • 8 Posts
    • 0 Thanks
    tonydata
    Ent455
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential €1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    • Tyzap
    • By Tyzap 1st Dec 17, 2:54 PM
    • 1,451 Posts
    • 658 Thanks
    Tyzap
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential €1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    Originally posted by tonydata
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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