EU261, “extraordinary circumstances”, and new planes

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This topic contains 39 replies, has 14 voices, and was last updated by  openfly 1 Jul 2016
at 15:01
.

Viewing 15 posts - 16 through 30 (of 40 total)

  • IanFromHKG
    Participant

    Thank 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=* ))


    SimonS1
    Participant

    The only extraordinary thing I can see is the lengths airlines go to to avoid their obligations, or to avoid advising passengers of their rights.

    It seems to me that airlines and banks have a close existence.


    TimFitzgeraldTC
    Participant

    Hi 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.


    FDOS_UK
    Participant

    TimFitzgeraldTC – 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.


    IanFromHKG
    Participant

    But 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!


    svn2301
    Participant

    Hi Ian,

    I was on the same flight and has received the exact same reply from the airline.

    Have you taken any further actions towards the EUR 600 compensation and did you succedd?

    Please keep me updated 🙂


    FDOS_UK
    Participant

    Ian

    Excuse my ignorance, but does a HK small claims court have juridisction over a claim made under an EC regulation?

    I’m genuinely interested.


    IanFromHKG
    Participant

    Courts 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!


    UKfella
    Participant

    Just wondered why there was so much coyness about airline and route towards the start of this thread.


    IanFromHKG
    Participant

    Because 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.


    FDOS_UK
    Participant

    IanFromHKG – 24/05/2016 01:27 BST

    Thanks for clarifying that – I was interested, as I had a flight cancellation in France with BA years ago and they woudn’t pay out, so I instructed a no win no fee lawyer and they had to pursue BA in the UK.


    IanFromHKG
    Participant

    Just 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.


    FDOS_UK
    Participant

    Ian, did you sort out the jurisdiction?


    IanFromHKG
    Participant

    I 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.


    FDOS_UK
    Participant

    Have 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.

Viewing 15 posts - 16 through 30 (of 40 total)
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