Hot answers tagged

160

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 ...


147

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 ...


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 ...


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 ...


21

Do airlines book you on other airlines if they cancel flights? Yes, that happens from time to time. It happened to me last year. Because of a flight cancellation from Munich to Newark, Lufthansa booked me on a KLM flight from Munich to JFK via Amsterdam. They actually offered a few options, but I chose the one with the change in destination because I ...


18

Do they sometimes do it? Yes. Can you count on it? No. Unless there are specific regulations in some countries that require it (not the case in most major markets I know of), airlines don’t have an obligation to do so. So it’s purely a business decision. If you are a valued customer (frequent flyer with status and/or travelling in premium classes and/or with ...


17

I'm assuming both flights are on the same ticket. (If they were not, you're out of luck, and in fact you were lucky to be rebooked on a later flight at all). You're barking up a slightly wrong tree by going to the Swiss national enforcement body. Since both the airline and your point of departure are Polish, it would more relevant for the Polish enforcement ...


16

There is nothing in the EU regulation, wich requires airlines to make sure that passengers who have booked together also can travel together. There is also in no EU country any law or regulation requiring a 17 year old to be under uninterrupted supervision of a parent or legal guardian. Many of the larger European airlines allow children of age 12 or older ...


16

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, ...


14

For the stated itinerary, when flying on a non-EU carrier as you are, EU261 covers flights 3 and 4, presuming that there is no extended layover between these two flights. Flight 3 is clearly covered by the legislation. Flight 4 is covered as a result of a court case a few years ago that concluded that EU261 covers the connecting flight as well, even if that ...


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. ...


12

There are many specific rules which will vary based on at least: the country where the property or airline is based the point of departure or the destination of the flight the country where you reside the original cancellation terms of the booking whether you bought flights and hotels separately or not who you bought the flights and/or hotel from whether ...


11

Historically most non-EU airlines have claimed that EU261 did not apply in situations like you've described due to the delay not occurring within the EU, and the legislation itself wasn't clear on whether these type of delays were covered or not. This changed in May of 2018 when the European Court of Justice ruled in "Wegener v Royal Air Maroc" and stated ...


11

They're breaking the law, because they're under financial stress. They don't really have enough working cash to give everyone refunds. In fact, they are arranging their busienss affairs to make the most out of a bankruptcy if they are forced to declare it. So they are out to do anything but refund you. Rebook you at a later time Give you a "voucher" ...


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 ...


10

The full communication can be found here in English: https://ec.europa.eu/transport/sites/transport/files/legislation/c20201830_en.pdf The parts I think will be of most interest to the most people are those concerning cancellations by the airline, cancellations by the passengers themselves and compensation for delays and cancellations. Flight Cancellations ...


10

So as I suspected, the reduced service on the PRN-DUS route was by no means caused by extraordinary circumstances, but was a profitability-based business decision due to the pandemic (not confirmed, but obvious to me) I got the standard compensation (EUR 400) with the help of the Kosovan civil aviation department, and then reimbursement of a "lost" ...


9

You can try contacting the national enforcement body in the EU country of your departure to hear if they can help. But even if they ultimately agree that it looks like foul play, they can't force the airline to pay out. At the end of the day, your recourse is indeed to file a civil lawsuit. Since there appears to be a dispute about facts, you will most ...


9

Yes, the relevant distance is the straight line (that is, the "great-circle distance") directly from your point of departure to your final destination. This was ruled by the European Court of Justice in Bossen v Brussels Airlines from 2017.


8

Whilst Norway is not a member of the European Union, they are part of a Bilateral Agreement with the EU regarding air transportation. As a result of this, EU261 DOES apply to Norwegian airlines. This can be confirmed on the main EU Air Passenger Rights website, which states : EU means the 28 EU countries , including Guadeloupe, French Guiana, ...


8

It turns out this question is actually addressed in Sturgeon v. Condor, the case cited in the aforementioned answer: It is important to point out that the compensation payable to a passenger under Article 7(1) of Regulation No 261/2004 may be reduced by 50% if the conditions laid down in Article 7(2) of the regulation are met. Even though the latter ...


8

Based on the comments, the airline you were booked to travel with is Wizz Air, which is an EU based airline so EU261 rules do apply. Whether the airline likes to style this as a cancellation and rebooking, or as a delay to the original flight, it does not matter - both result in the same level of compensation, being 250 Euros. For a cancellation, you were ...


8

As far as I am aware, I am eligible for a refund of my entire ticket due to this flight cancellation Correct However, could I also opt to only fly the return journey, and get (roughly) half of my ticket value back? That's unlikely to happen since LH would have to reprice the ticket which is complicated and will NOT result in a 50% refund. I'm guessing ...


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, will ...


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 ...


7

This is definitely possible, but I wouldn't recommend expecting it. Most major airlines have what are known as interline agreements which include provisions for transferring passengers in the case of irregular operations (i.e. flight delays or cancellations.) These are especially common for airlines within a given alliance, but also commonly exist among ...


6

You are covered by both the 'Right to care' and 'Compensation' sections of EU261, due to the fact the airline you were flying was an EU carrier - and all EU carriers are covered by EU261 regardless of where the flight is to/from. 'Right of care' means that regardless of the reason for the delay they are required to provide you with accommodation, ...


6

Regulation EC261 applies only to flights: departing from the EU or with a destination in the EU, operated by an EU carrier So you're not entitled to any compensation (or to the duty of care) under those regulations. If your flight had departed from the EU or had been operated by a EU carrier, yes, the whole trip would have counted, and the delay at the ...


6

All airlines will have their own policy on exactly how the refund/compensation process is handled. If you want a real firm answer, see the policies of your chosen airline for details and contact them to clear up any questions you still have after doing so. But having said that, what you're asking about is extremely unlikely to differ between airlines. This ...


6

Per Article 8 of the EC261 directive, they must refund you if requested. So in your e-mail, press "reply" and message customerqueries@ryanair.com and support@ryanairsupport.zendesk.com. Clearly say you decline a voucher and want a full refund, and that they are to respond within 7 working days. If they refuse, that's illegal and you should report ...


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