New answers tagged

2

Under EC261, there are two different things an airline may owe you: Care and assistance. This is something that they can't get out of unless there are really very, very special circumstances (think a volcano erupts). This includes meals, hotels (and associated transfers) if there's an overnight stay, communication... They should have provided an hotel room ...


1

You should launch a complain with the airport, it’s their fault not the airlines. Their staff were: Rude Unprofessional Misleading You should explain all the details of your case to the airport, obtain the details of that worker and explain you want a refund of your ticket arranged with the airline (not your fault you missed the flight) and compensation ...


1

In principle yes, you should be due some form of compensation by Air India for a 30-hour delay. Indeed, their conditions of carriage state: Article 11 - REFUNDS 11.1 GENERAL On failure by Carrier to provide carriage in accordance with the Contract of carriage, or where the passenger requests a voluntary change of his or her arrangements, refund ...


3

In my complaints to the The Norwegian Travel Complaint Handling Body, and the EU Online Disputes Resolution, how should I most effectively argue against this logic? I don't see that any logic has been presented. Their letter can be boiled down to two things: (1) The departure was allegedly due to exceptional circumstances. (2) There was a court case that ...


1

If you paid using VISA then there is a guarantee that this will not happen. This is an old old guarantee VISA insist your bank make, to allow them to use their logo, which is "as old as time itself" and as such banks often do not realise it at first! You need to inform your bank that under VISA regulations they need to refund you as items not asked for. It'...


7

I would argue the following basis , and ignore completely the case they quote (which has been addressed in other answers): The airline has claimed that it undertook an inspection, but that the fact nothing was in fact found to be wrong, causes this to be exceptional and outside their control. However, a responsible proactive safety conscious airline, ...


15

Airlines routinely attempt to get out of their payments, and attempting to make people go away with a form letter, even if it is completely fabricated nonsense, is so cheap that you can count on them trying. Heck, if one or two people go away after such a letter, it has already paid for itself. I used to be a frequent flyer and I've had my share of delays, ...


7

The most effective path of action may be to delegate your claim to specialized agencies. They know all the tricks used by air companies to refuse compensation, they have access to flight databases which list real causes of delays, they fully know EU261 and can launch legal action if needed. In exchange they pay themselves on a percentage (about 30%) of what ...


153

If you strip away all the misdirection, the airline's denial can be paraphrased as: An inspection was conducted. The aircraft passed the inspection. and This was an extraordinary circumstance. If for this airline, having its planes pass inspections without finding failures is extraordinary, that surely is not a fact they should like to advertise. I ...


4

Is there a list of all court cases related to EU 261/2004 that would help travelers evaluate their particular scenario? Yes, at least of all court cases in the EU court system. Cases in national courts are not included. It is found by selecting "document information" on the page you linked to in the question. there is a long list under the heading "...


144

The refusal is logically fallacious, and it misrepresents the Van der Lans case on which it relies. Let's pick it apart: Misleading claim about the case They claim that the Van der Lans decision holds that "a technical error which results in the replacement of a component can be considered to be within the airline's control and thus give the right to ...


2

You can use the EU261 complaint form to submit a complaint to the relevant National Competent Authority as given from the link at the bottom of the Air Passenger Rights page. Note the following text on the bottom of the 'Instructions' part of the complaint form however: Please note that the competent authorities of Member States cannot in general take ...


13

It is very unfortunate that the airlines are refusing the compensation by using different tricks. The case will be finalized as soon as we have received all the necessary information. So please don`t give your bank information to the airline because in that case you are accepting the offer they have made to you i.e. you are accepting NOK 418. ...


2

For the purposes of compensation following Regulation 261/2004, the delay is always measured on arrival to your final destination. The length of a delay on departure only affect the duty of the carrier to take care of accomodation, refreshments etc. There's no law saying where you should get diverted, that's purely a operational/safety decision of the ATC/...


45

IANAL, but my understanding of the situation is that they're using some really selective and literal reading of the van der Lans judgment to try to make you go away. As the EU website on passenger rights suggests, it's probably a good time to complain to the relevant national authority. They should then advise you on how to proceed further. The ruling in ...


10

As a crewmember, I can explain why I think this is an "extraordinary circumstances". Crewmembers, especially flight deck crew, while on duty (this includes the time they spent at a destination) is controlled by many rules when it comes to "rest", how long they need to sleep and when can they drink alcohol, etc. Even rules regarding diving and skydiving are ...


40

The courts (up to and including the European Court of Justice, which has the final say) have followed a slightly zig-zagging course in interpreting the "extraordinary circumstances" concept, so it is not possible to predict with 100% certainty how they'd deal with a case such as this where there's no explicit precedent. The best one can say is that the ECJ ...


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