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EU Regulation 261/2004 Update
Regarding my recent thread on 02/02, a character called 'Martin' provided
some advice by Which, which I followed, and the airline have replied... I have replaced identifying information with XXXXX, but as it is not really relevent to understanding the issues, you will get my gist. **************** "Dear Mr. XXXXXXXXX, Thank you for contacting our Customer Relations Department. Please accept our sincere apology for the inconvenience caused by the delay of your flight. With regards to your claim we would like to draw your attention that the flight XXXXXXX on XX January was departed with a 6-hour and 47-minute delay due to technical issues (double wheel replacement). This flight delay was an unpreventable, unforeseeable yet serious technical shortcoming that could not be detected during the regular maintenance sessions, and required immediate in-depth assessment and repair. Furthermore please be informed that our company does not agree to the concept that passengers with delayed flight should be treated equally with those whose flight was cancelled, as this is not in any way implied by the operative EC Regulation 261/2004: "We agree with two of the three rulings of the judgment of the European Court of Justice in the joined cases C-402/07 and C-432/07 dated 19 November 2009. The third ruling, according to which passengers whose flights are delayed more than three hours not caused by extraordinary circumstances shall be treated as passengers whose flights are cancelled regarding the compensation, is, according to our view, the misinterpretation of the Regulation 261/2004, since the Regulation does not suggest it in any way. The wording of the Regulation reflects the intents of the European Commission as the legislative body: the compensation set out in Article 7 is only due to the passengers whose flights are cancelled (if the reason of the cancellation is not an extraordinary circumstance), and not to passengers whose flights are delayed - irrespectively of the reason and the length of the delay." We would like to inform you that according to the operative EC regulation and our General Conditions of Carriage, in case of a flight delay we are willing to reimburse your expenses occured directly due to the delay such as meals, refreshments and two brief telephone calls can be reimbursed in reasonable relation to the waiting time upon reception of supplementing invoices. As for the additional expenses, we kindly ask you to forward all related invoices, as an attachment to your reply, so that we can determine a possible compensation and please send us the further information: - IBAN - swift code/BIC - account holde's name - full name of the bank - account currency. Again, please accept our deepest apologies for the inconvenience and disappointment caused. Thank you for your time and consideration. Best regards, XXXXX XXXXX Customer Relations Department" ********* I don't have any expenses that I would have kept receipts for, they provided one £4 voucher per person for the entire duration, and given the airport prices, this was enough for a coffee and a chocolate bar. I paid a few quid in cash for food, but didn't keep the receipts. And at the destination late night taxis when all the city bus transport has stopped running, european drivers inflating the fare for unfamiliar foreigners to god knows how much more than we would have paid if travelling by bus. Still, if 261/2004 says I'm entitled to 400 euro per person, I'd like very much to get it. We effectively lost a whole day of the holiday, given we were expecting to land in early afternoon, we ended up at our destination well after the close of business of everything and had to cancel our plans for the whole day. There is no direct monetary loss, more like it is the loss of your holiday time that you can't get back as your itinerary dates are fixed. Additional advice on how to proceed would be appreciated. |
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