Compensation for delayed flight. Help!

[Flyingarcher]

Hi. I wondered if anyone had any perspective.

Four of us were travelling on an organised activity holiday to Greece. All passengers arrived at check in time to be told that there was a delay and we wouldn't be flying that day. There was a technical issue with the plane (which was still in another country) and it wasn't safe. They abided by the EU rules and we were put up in a very nice hotel and fed. Flight left over 28 hours after original. Effectively we arrived on holiday on the Monday night rather than Sunday night thereby loosing a whole day. From our reading of the EU law, we should be entitled to 400 euro comp each.

We sent off letter to airline (small, Eastern european company) and they have replied offering compensation of £600 total. The fault is an 'exceptional circumstance', they did what they needed to, etc, etc..sign the form and confidentiality agreement. Now, we think we are entitled to more than that per person. There is a court case ruling already that technical faults are not 'exceptional circumstances' BUT this is a grey area. I think we'd have to prove that somehow it was due to them not maintaining or something. We have no idea what the fault is, ie, some valve going or a truck crashing into the plane airside - who knows.

The money offered does equate, just, to one day lost when matched with the over all cost of the holiday. Has anyone got any experience of refusing this compensation and how we take it further to get the amount we are due (they clearly know we have a legal claim just from the pleading tone of the letter and their rather 'we did nice things' phrasing). Is it worth the hassle? Should we just take the amount, which is not unreasonable and run? Is there anywhere I can go for advice. This is clearly a very small airline and reports on net seem to indicate that they prevaricate endlessly.

Unfortunately, we didn't get contact details of the other passengers.

Airlines often offer low compensation the first time, write back and state the EU rules again and mention that you are aware of the previous court case ruling regarding "technical issues" (don't mention the grey area stuff) also state that you will take them to court if they don't pay up.

I would check first though to make sure(google) the airline isn't having any financial difficulties, if they are, it may be better to just take the their first offer, or you may be left with nothing.

Thank you. Very good point about the financials. They've got a plane load of people to compensate.

I think we'd have to prove that somehow it was due to them not maintaining or something

No, if you ended up taking them to small claims it would be up to them to justify their argument that it was extraordinary circumstances.

I'm not sure what you think the "grey area" is. In Van der Lans v KLM the ECJ clearly and unambiguously stated that unforeseen technical problems with aircraft are common and therefore are not extraordinary circumstances. That ruling is binding on all European courts. Airlines still continue to resist this and pretend that there is a grey area. There isn't. If the plane has a fault and you are delayed as a result you are entitled to compensation.

Would we take them to court in the UK? Or would we have to use Polish courts?

You take them to court in the UK. However, before going to court you should escalate your claim with the airline, going as high as you can (Chief Executive's office or similar) and try complaining to the CAA. Court should be your last option if all else fails.

Log your complaint using resolver.co.uk - I’ve used this and been successful- there is no charge and you get all the compensation.

Bump.

Why are you bumping? Surely your questions have been answered already? Or am I missing something?