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Author Topic: Airline Compensation Master Thread  (Read 451396 times)

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Re: Airline Compensation Master Thread
« Reply #3900 on: October 14, 2018, 08:00:57 AM »
PS777 my seat didn’t recline, any chance I'll get something?
you wouldn't be a good yeshiva bachur if you didn't get anything

Offline NumbersGuy

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Re: Airline Compensation Master Thread
« Reply #3901 on: October 14, 2018, 08:56:03 AM »
First time trying to get compensation so apologies if this question is really simple:

I was on an Alitalia flight from JFK-FCO that was delayed just more than 4 hours. After requesting 600 EU compensation under EC 261/2004, the request was denied for the following reason:

"After investigation, our records show that the flight in question was caused by the late arrival of previous flight which was delayed due to operational reasons, an unfortunate occurrence totally beyond the airline's control.

Please note that no compensation is due on this occasion as outlined in Article 5.3 and Recital 14 of EC 261/2004 that the liability of an airline is exonerated when the cancellation of a flight is due to 'extraordinary circumstances' which could not have been avoided even if reasonable measures had been taken."

Now, I'm pretty sure that operational reasons are not considered 'extraordinary circumstances', and even if they are, the fact that they occurred on the incoming flight, and not this flight itself, would mean that liability is not waived. But how do I best go about effectively making that argument?

Thank you for the assistance

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Re: Airline Compensation Master Thread
« Reply #3902 on: October 14, 2018, 09:52:45 AM »
First time trying to get compensation so apologies if this question is really simple:

I was on an Alitalia flight from JFK-FCO that was delayed just more than 4 hours. After requesting 600 EU compensation under EC 261/2004, the request was denied for the following reason:

"After investigation, our records show that the flight in question was caused by the late arrival of previous flight which was delayed due to operational reasons, an unfortunate occurrence totally beyond the airline's control.

Please note that no compensation is due on this occasion as outlined in Article 5.3 and Recital 14 of EC 261/2004 that the liability of an airline is exonerated when the cancellation of a flight is due to 'extraordinary circumstances' which could not have been avoided even if reasonable measures had been taken."

Now, I'm pretty sure that operational reasons are not considered 'extraordinary circumstances', and even if they are, the fact that they occurred on the incoming flight, and not this flight itself, would mean that liability is not waived. But how do I best go about effectively making that argument?

Thank you for the assistance
SOP from AZ to claim "extraordinary". You might want to get in touch with "EU261 Farms". IIRC you need 6 hours delay

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Re: Airline Compensation Master Thread
« Reply #3903 on: October 14, 2018, 10:04:06 AM »
SOP from AZ to claim "extraordinary". You might want to get in touch with "EU261 Farms". IIRC you need 6 hours delay
You need to arrive at least 3 hours late to your destination.

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Re: Airline Compensation Master Thread
« Reply #3904 on: October 14, 2018, 11:27:42 AM »
You need to arrive at least 3 hours late to your destination.
4 hours for intercontinental flights

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Re: Airline Compensation Master Thread
« Reply #3905 on: October 14, 2018, 03:16:59 PM »
you wouldn't be a good yeshiva bachur if you didn't get anything
any idea who to contact?

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Re: Airline Compensation Master Thread
« Reply #3906 on: October 15, 2018, 10:44:50 AM »
First time trying to get compensation so apologies if this question is really simple:

I was on an Alitalia flight from JFK-FCO that was delayed just more than 4 hours. After requesting 600 EU compensation under EC 261/2004, the request was denied for the following reason:

"After investigation, our records show that the flight in question was caused by the late arrival of previous flight which was delayed due to operational reasons, an unfortunate occurrence totally beyond the airline's control.

Please note that no compensation is due on this occasion as outlined in Article 5.3 and Recital 14 of EC 261/2004 that the liability of an airline is exonerated when the cancellation of a flight is due to 'extraordinary circumstances' which could not have been avoided even if reasonable measures had been taken."




Now, I'm pretty sure that operational reasons are not considered 'extraordinary circumstances', and even if they are, the fact that they occurred on the incoming flight, and not this flight itself, would mean that liability is not waived. But how do I best go about effectively making that argument?

Thank you for the assistance

I had the same experience (with a much more severe delay on Alitalia).  The airline tried to shirk responsibility so I had to follow up with ENAC which is the Italian airline regulator.  First you should review your rights here: https://www.enac.gov.it/en/passengers/passengers-rights

If you determine that you qualify for compensation, you can reach them via the online form at http://moduliweb.enac.gov.it/applicazioni/cartadiritti/modulo_261.asp

Attach all your correspondence with the airline and explain in detail what happened.

The form in in Italian so use Google translate to help you. I followed up on the  online form with an email to the regulators telling them that I had done the form online - (cartadiritti@enac.gov.it and sistema.aeroportilazio@enac.gov.it) and again attaching all correspondence.

 The regulator reviews the complaint and then passes it on to the airport regulator and then they go to the airline.


In my case, I finally heard back from Alitalia about 10 months later and they fully compensated.

« Last Edit: October 15, 2018, 10:48:31 AM by Ploni3 »

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Re: Airline Compensation Master Thread
« Reply #3907 on: October 16, 2018, 04:33:21 PM »
I had the same experience (with a much more severe delay on Alitalia).  The airline tried to shirk responsibility so I had to follow up with ENAC which is the Italian airline regulator.  First you should review your rights here: https://www.enac.gov.it/en/passengers/passengers-rights

If you determine that you qualify for compensation, you can reach them via the online form at http://moduliweb.enac.gov.it/applicazioni/cartadiritti/modulo_261.asp

Attach all your correspondence with the airline and explain in detail what happened.

The form in in Italian so use Google translate to help you. I followed up on the  online form with an email to the regulators telling them that I had done the form online - (cartadiritti@enac.gov.it and sistema.aeroportilazio@enac.gov.it) and again attaching all correspondence.

 The regulator reviews the complaint and then passes it on to the airport regulator and then they go to the airline.


In my case, I finally heard back from Alitalia about 10 months later and they fully compensated.



Thanks Ploni, this is very helpful. In your case, did you have any further correspondence with Alitalia beyond their initially denying responsibility?

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Re: Airline Compensation Master Thread
« Reply #3908 on: October 16, 2018, 08:29:24 PM »
Just got a $750 voucher from United, after being moved from our reserved bassinet seat because of a aircraft change. 👍👍👍

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Re: Airline Compensation Master Thread
« Reply #3909 on: October 16, 2018, 08:35:26 PM »
Just got a $750 voucher from United, after being moved from our reserved bassinet seat because of a aircraft change. 👍👍👍
awesome, what route?
A smooth sea never made a skilled sailor.

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Re: Airline Compensation Master Thread
« Reply #3910 on: October 16, 2018, 08:36:02 PM »

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Re: Airline Compensation Master Thread
« Reply #3911 on: October 16, 2018, 08:39:01 PM »
UA 91
for this Thursday? Or this happened already?
Asking because the seat map on UA90 / 91 is showing what I think is PE.
A smooth sea never made a skilled sailor.

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Re: Airline Compensation Master Thread
« Reply #3912 on: October 16, 2018, 09:04:02 PM »
for this Thursday? Or this happened already?
Asking because the seat map on UA90 / 91 is showing what I think is PE.
No it was on oct. 6

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Re: Airline Compensation Master Thread
« Reply #3913 on: October 16, 2018, 10:03:49 PM »
Just got a $750 voucher from United, after being moved from our reserved bassinet seat because of a aircraft change.
Nice!
Which class did you fly?

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Re: Airline Compensation Master Thread
« Reply #3914 on: October 16, 2018, 10:16:04 PM »
Nice!
Which class did you fly?
economy
Biz doesn't have bassinet on UA91 AFAIK
A smooth sea never made a skilled sailor.