EU261, “extraordinary circumstances”, and new planes
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at 15:01 by openfly.
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IanFromHKGParticipantThank you all, the information above is most helpful. I am still thinking about what to do – I have half a mind, since I am quite likely to fly them again*, to write back and use some of the arguments that FDOS in particular has provided, and suggest that although I still believe EUR600 is owing I am happy to take it in vouchers, which might make it a bit easier for them to swallow
* (in fact I have a future flight booked with them from HKG to HEL in June (which may give you a hint about which airline it was and which route the long-haul segment of the flight in question was! – and I believe there is no ETOPS element on that routing and it is almost exclusively over land – http://www.gcmap.com/mapui?P=CPH-SIN-SYD,CPH-BKK-SYD,ARN-HEL-HKG-SYD,ARN-DOH-MEL&MS=bm&DU=mi&SG=0.82&SU=mach&PM=* ))
13 May 2016
at 02:44
TimFitzgeraldTCParticipantHi IFHKG
In basic terms they owe you €600. The excuse they have given is not a mitigating factor at all.
I’d go back and politely point this out, otherwise you’ll be instructing one of these firms to claim it – and they will have to pay it.
13 May 2016
at 08:21
FDOS_UKParticipantTimFitzgeraldTC – 13/05/2016 09:21 BST
The problem in Finland is that there is no equivalent to the UK small claims/MCOL track and Finnair knows this, so foot dragging is an attractive tactic.
If Ian needs to book more flights with AY, his counter offer of 600€ in vouchers makes sense.
13 May 2016
at 10:18
IanFromHKGParticipantBut then I don’t have to take action against them in Finland. The ticket was bought in HK, where they have a place of business – and HK has a small claims tribunal 😉
Anyway, I am going to compose a reply to them quoting some of the excellent advice and information provided above – I will let you know how it goes!
16 May 2016
at 04:47
IanFromHKGParticipantCourts hear cases governed by foreign laws all the time. But you raise a good point – I need to check the contract to see if my choice of jurisdiction is restricted.
svn – I originally received a compensation offer of EUR200 in vouchers. I had forgotten to send my response, so thank you for the reminder – I have just sent it, and will let you know what ensues.
Thanks again to FDoS for some splendid material to use in my letter!
24 May 2016
at 00:27
IanFromHKGParticipantBecause if the airline name was disclosed they might discover the thread through routine web monitoring, which could undermine the usefulness of the advice I received.
24 May 2016
at 06:04
IanFromHKGParticipantJust a quick update. The airline replied and stated again they believed that they fell within the “extraordinary circumstances” get-out, and repeated their offer of EUR200 in vouchers. I have replied refuting their claim and pointing out that it is their duty to prove extraordinary circumstances exist, and suggest that I am quite happy to let a court decide (hint hint).
No further response from them as yet.
30 May 2016
at 17:12
IanFromHKGParticipantI could find nothing in the Conditions of Carriage requiring a particular venue, so if I start proceedings it will be in HK. I’m hoping it doesn’t come to that.
31 May 2016
at 00:32
FDOS_UKParticipantHave you told them that you would be issuing proceedings in HK?
Finnish friends inform me that Finnair (in their opinion) take a hard line because they think most people won’t sue due to the lack of a small claims track in that country – if they know you have an easy route, they may become more reasonable in tone.
31 May 2016
at 06:13 -
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