EU 261 Query

cefh17

Hi,

After quite an annoying reply from an EU airline with regards to a delayed departure leading to a missed connection and as a result arrival at the final destination more than 6 hours late I'm wondering what further options do I have? The airline have claimed that the delay was as a result of poor weather in the connecting airport but I have pictures/videos as proof that this was never mentioned as the reason.. When we landed at the connecting airport we had automatically been re-booked onto a different flight to a different airport to have another connection before flying onto the final destination. I'm not sure if this impacts claim to compensation but figured I best include it

The airline (Based outside of Ireland but within EU) is refusing the compensation claim on this ground. Both legs of the journey were within the one ticket and the connection time was above the minimum for the minimum connection time at the transfer airport. What we were told by the boarding gate in Dublin and on the plane from the pilot was a new system being introduced in the connecting airport and most definitely not weather.

Assuming here that they play hard ball and still spew the weather argument what grounds do we have going forward? Keep pushing the issue or is it possible to proceed to small claims court? How does this work with companies based outside of Ireland if you can at all?

Look forward to hearing replies if anyone has had similar issues.

k123456

As the flight took off from Ireland...Contact the Irish Airline authority, at a mimimum they will provide written proof of the delay, Im not sure if they pursue the compensation, but ask them

Search for the term eu261, of this forum there is lots of useful info here

Small claims court
Google : Resolver

cefh17

k123456 wrote: »

As the flight took off from Ireland...Contact the Irish Airline authority, at a mimimum they will provide written proof of the delay, Im not sure if they pursue the compensation, but ask them

Search for the term eu261, of this forum there is lots of useful info here

Small claims court
Google : Resolver

I have contacted the IAA asking for a reason for the delay, just have to wait up to the 14 working days for a reply. Never thought to contact Dublin, even though I did think to contact the connection airport :rolleyes:

Thanks for your reply K123456

Credit Checker Moose

Can you tell us the airline and connecting airport? I would imagine it would easy enough to guess.

Weather is very easy to disprove as you can look up the weather for the day in question.

cefh17

Credit Checker Moose wrote: »

Can you tell us the airline and connecting airport? I would imagine it would easy enough to guess.

Weather is very easy to disprove as you can look up the weather for the day in question.

KLM and Amsterdam Schiphol, were you right? :P

That's what I thought too, definitely was not the weather. Aside the lack of apology for the missed flight, I'm kinda shocked at them trying to weasel out of it using such an obvious to disprove excuse

cefh17

So an update, after having waited 3 months for a reply the Aviation Regulator came up with this:

Dear _____,

I refer to previous correspondence and the detail of your complaint received ____/2019 set out therein.

The Commission raised your complaint with KLM and considered their representations and evidence provided by them. In addition, where necessary, we contacted other relevant civil aviation authorities for further evidence.

Having examined the evidence provided by all parties the Commission has decided that no compensation is payable to you. The reason that the Commission has decided no compensation is payable to you is that the disruption was due to extraordinary circumstances.



In this case, the above flight was delayed due to Air Traffic Control restrictions at the arrival airport, Schiphol. The Air Traffic Control restrictions were due to the implementation of a new electronic flight strip system. Strong winds and heavy showers reported in the late afternoon also resulted in further Air Traffic Control restrictions being applied. As these restrictions were outside of the air carriers control they are deemed to be extraordinary circumstances.

As the above caused you to miss your connecting flight, the air carrier confirmed that you were rebooked on the next available connection. Considering this, the air carrier took reasonable measures to ensure you were able to continue your journey.

Given that all matters which fall within our enforcement remit have now been addressed, the Commission is closing the file on this investigation. In the event that you do not agree with our decision you are of course entitled to seek recourse through an alternative channel such as the small claims court. Information concerning the small claims procedure is available at www.courts.ie.

I still dispute the weather as being a reason as I've weather reports from Schiphol for that date and it wasn't an issue and also the IATA delay codes provided from Dublin airport for that flight go against the ones given by KLM.

With regards to having been rescheduled for another flight does that impact my claim for compensation (having arrived more than 6 hours late) when I bring this to EU SCC?

k123456

you could open a claim with the small claims court, costs 25. to do this your airline needs to have a registered office in Dublin (usually in the airport). When details of your claim arrive in the airlines Dub office, they might decide , its too much trouble to attend small claims court, and pay you

Credit Checker Moose

I have yet to hear of a EU261 case being defended in Ireland.

killbillvol2

Credit Checker Moose wrote: »

I have yet to hear of a EU261 case being defended in Ireland.

Do you know of any where the Aviation Regulator said there was no case?

Credit Checker Moose

Sorry I was referring to people using the SCP of the District Court. I wouldn't waste my time with the regulator.