Anyone have any suggestions as to what to response or how to get some compensation for a flight cancellation after 4 hours delayed on the plane, rescheduled for nearly 24 hours later (actually ended up going different airline but was still a nightmare), and no hotel availably at the airport so spent the night on chairs at the airport.
Here is their response to my complaint letter.
After investigations, our records show that flight AZ on 06/10/2014 was delayed for technical reasons.
As a matter of policy and in accordance with CAA recommendations, Alitalia makes every effort to provide as much notice as possible to try and ensure alterations in future travel plans are kept to a minimum. The airline does its utmost to carry out all necessary maintenance programmed checks of its aircraft at all times. However some unexpected technical problems may arise from time to time. In this case the carrier’s attention is totally focused on the specific problem to allow the aircraft to resume its full operations as quickly as possible. Nevertheless, it may happen that the flight’s cancellation is deemed necessary.
Please note that no compensation is due on this occasion as outlined in Regulation EC 261/2004 which stipulates (under Article 5.3 and Recital 14) that the liability of the Airline is exonerated when the cancellation of a flight is due to “extraordinary circumstances” which could not have been avoided even if all reasonable measures had been taken.
We can certainly understand your disappointment and wish to assure you that one of our main goals is offering our clients, besides a safe and efficient transport service, a pleasant trip. Therefore, Alitalia gives maximum care and attention to all those aspects which contribute to make each and every flight an enjoyable experience.
It is also through such feedback that we are able to focus our efforts on improvement. Be assured that the Report of the event has been relayed to the appropriate departments for their further consideration.
We hope to be given an early opportunity to restore your full confidence in our services. Please do not hesitate to contact our Customer Care Office on :Customer.relationsNYC@alitalia.it , for any further information, if necessary.
After my response they finally agreed to 75 euro per passenger but I came across a thread on flyertalk about filing an Enac complaint. Anyone have any experience with this? Apparently Alitalia claims the "extraordinary circumstances" in most cases and attempts not to pay. Anyone know how to file a EU 261/2004 complaint form?
After doing some research I replied to Alitalia with the below plus some case references, but the main part is below.
"I would like to reference a similar case to mine and I hope Alitalia will finally agree to pay me what I am deserved. Alitalia has dragged this out for long enough and the statement written by Alitalia, "Please note that no compensation is due on this occasion as outlined in Regulation EC 261/2004 which stipulates (under Article 5.3 and Recital 14) that the liability of the Airline is exonerated when the cancellation of a flight is due to “extraordinary circumstances” which could not have been avoided even if all reasonable measures had been taken.” , the burden of proof is on Alitalia and the above is 100% not true."
There response back, "In response to your latest correspondence regarding your journey – ....., having carefully reviewed your case, and understanding your continued dissatisfaction with our services, we regret to inform you that we cannot offer you any further compensation than previously offered in the attached mail."
After this I filed a complaint with ENAC outlining all the details etc...ENAC,s response,
"according to article 16.1 of Regulation (EC) 261/2004, we would like to inform you that we are herewith transferring your complaint for the foreseen ascertainments at ENAC Airport Directorate of Fiumicino which is territorially competent for the flight disruption you have been involved.
The investigation about the events reported in the complaint is a complex process which involves the acquisition of specific and technical data from multiplex stakeholders to ascertain the possible breach of the regulation.
ENAC notify the passenger of the final assessment and of any possible actions taken against the operative air carrier.
ENAC ensures the general compliance with Regulation (EC) 261/2004 and it may impose fines in case of proven infringements of that Regulation. The aim is to prevent other infringements in the future.
Your individual claims are independent of that, e.g. the payment of reimbursement or compensation. ENAC is neither authorized to support you to enforce these claims according the regulation against the air carrier nor to give you legal advice in that respect.
Individual claims have to be compensated within the scope of a legal relationship between passenger and air carrier, if necessary, by complaint proceedings and summary proceedings for order to pay debts in court.
Within the scope and the purposes above referred, your complaint is going to be dealt with."
I have yet to hear back from the department that they transferred the case to in regards to the investigation. I have sent them multiple emails.
I am not sure as to what the next move should be but would love some suggestions. After dealing with this for so long I am not about to give up. This was after all a terrible experience!
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