LOT YYZ-WAW cancelled, tech....
Apr 1, 2014, 9:04 am
#46
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Join Date: Nov 2009
Location: Montréal
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Read this text carefully before you quote it; this is a different scenario:
The LOT flight had mech at an outstation. You would need to be able to show that the airline was aware of the engine problem beforehand, but if that was so, how come it managed to arrive in YYZ just a few hours before the scheduled departure back to WAW.
The LOT flight had mech at an outstation. You would need to be able to show that the airline was aware of the engine problem beforehand, but if that was so, how come it managed to arrive in YYZ just a few hours before the scheduled departure back to WAW.
The aircraft arrived in YYZ a week prior, had engine trouble, supposedly they fixed it, guess not...
Apr 14, 2014, 2:32 pm
#47
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LOT YYZ-WAW cancelled, tech....
After resubmitting my supporting evidence to my claim for compensation as well as for supplementary compensation for my STILL missing suit case, LOT has failed to reply or acknowledge receipt of my correspondences.
my attorney and I have concluded that we do have a strong case against lot and have proceeded in filing suit against them.
we're obviously demanding more than the original EUR 600 payment to which I am entitled....
Maybe this will finally be the flame they so desperately need little under their collective arses.
my attorney and I have concluded that we do have a strong case against lot and have proceeded in filing suit against them.
we're obviously demanding more than the original EUR 600 payment to which I am entitled....
Maybe this will finally be the flame they so desperately need little under their collective arses.
Apr 16, 2014, 2:42 am
#48
Join Date: May 2013
Location: WAW - ORF - GDN
Programs: HH gold, Marriott PLT, LH FTL, A3 *G, IHG Plat Ambassador, CC Gold, Mileage+ Silver, TK Elite
Posts: 75
Are you sure that the circumstances are not extraordinary though?
In the pdf posted earlier (link), the circumstances are NOT extraordinary only in two tech scenarios:
In the pdf posted earlier (link), the circumstances are NOT extraordinary only in two tech scenarios:
- Technical issues which arise as a result of the air carrier’s failure to maintain its aircraft in accordance with the required maintenance programme.
- Technical issues which were found during maintenance where the part or system in question was scheduled to be checked.
We would like to emphasise that in accordance with the Regulation (EC) No 261/2004 a carrier is not obliged to pay compensation in the event of flight cancellation if it was caused by reasons beyond its control. Kindly be informed that unexpected flight safety shortcomings are listed as one of such factors in recital 14 in the preamble to the Regulation.
Kindly be informed that the European Commission has published a detailed list of extraordinary circumstances, which is available on the following website:
http://ec.europa.eu/transport/themes...ances-list.pdf
The technical fault of the aircraft planned to operate the flight was detected immediately prior to departure, which corresponds to category 25 on the list and indicates extraordinary circumstances which exempt the carrier from the obligation to pay compensation.
Apr 16, 2014, 3:55 am
#49
Join Date: Mar 2013
Location: homeless 2.0
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Kindly be informed that the European Commission has published a detailed list of extraordinary circumstances, which is available on the following website:
http://ec.europa.eu/transport/themes...ances-list.pdf
http://ec.europa.eu/transport/themes...ances-list.pdf
"31 / Reservations / Unexpectedly low number of reservations for flight, resulting in severly unprofitable operation"
But oh well, its non-binding.
Apr 16, 2014, 4:26 am
#50
Join Date: Apr 2010
Posts: 57
This is one of the standard answers you get from LOT,
We would like to emphasise that in accordance with the Regulation (EC) No 261/2004 a carrier is not obliged to pay compensation in the event of flight cancellation if it was caused by reasons beyond its control. Kindly be informed that unexpected flight safety shortcomings are listed as one of such factors in recital 14 in the preamble to the Regulation.
Kindly be informed that the European Commission has published a detailed list of extraordinary circumstances, which is available on the following website:
http://ec.europa.eu/transport/themes...ances-list.pdf
The technical fault of the aircraft planned to operate the flight was detected immediately prior to departure, which corresponds to category 25 on the list and indicates extraordinary circumstances which exempt the carrier from the obligation to pay compensation.
We would like to emphasise that in accordance with the Regulation (EC) No 261/2004 a carrier is not obliged to pay compensation in the event of flight cancellation if it was caused by reasons beyond its control. Kindly be informed that unexpected flight safety shortcomings are listed as one of such factors in recital 14 in the preamble to the Regulation.
Kindly be informed that the European Commission has published a detailed list of extraordinary circumstances, which is available on the following website:
http://ec.europa.eu/transport/themes...ances-list.pdf
The technical fault of the aircraft planned to operate the flight was detected immediately prior to departure, which corresponds to category 25 on the list and indicates extraordinary circumstances which exempt the carrier from the obligation to pay compensation.
Apr 16, 2014, 2:13 pm
#51
Join Date: Aug 2010
Location: WAW
Programs: LH M&M, BA EC, AF FB, SQ KF, SPG, MR
Posts: 35
BA have a different template but the gist is identical.
Apr 16, 2014, 3:04 pm
#52
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At least you are one step farther now.
You can prove that LOT received your claim and that LOT refused it.
Now you can actually hire lawyer to sue them.
You can prove that LOT received your claim and that LOT refused it.
Now you can actually hire lawyer to sue them.
Apr 16, 2014, 3:43 pm
#53
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Apr 18, 2014, 2:10 am
#55
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Apr 18, 2014, 3:08 pm
#56
Join Date: Dec 2009
Posts: 1,752
Out of interest, in which country are you taking the legal action? How long do you expect it to take?
In the UK, court actions due to EU261 and delays/cancellations caused by technical defects are currently stayed (i.e on hold) pending an appeal by Jet2 on a very similar topic where a technical problem was found at an outstation.
In the UK, court actions due to EU261 and delays/cancellations caused by technical defects are currently stayed (i.e on hold) pending an appeal by Jet2 on a very similar topic where a technical problem was found at an outstation.
Apr 18, 2014, 8:33 pm
#57
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Out of interest, in which country are you taking the legal action? How long do you expect it to take?
In the UK, court actions due to EU261 and delays/cancellations caused by technical defects are currently stayed (i.e on hold) pending an appeal by Jet2 on a very similar topic where a technical problem was found at an outstation.
In the UK, court actions due to EU261 and delays/cancellations caused by technical defects are currently stayed (i.e on hold) pending an appeal by Jet2 on a very similar topic where a technical problem was found at an outstation.
I've also sent them another letter signed and authenticated by the appropriate authorities notifying them that should they Preffer to settle out of court I'd be happy to meet with their people and hammer out a deal.
We shall see.
May 22, 2014, 2:51 am
#58
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Yep. We've filed suit in court as well as sent LOT a proposal for compensation...
5 weeks have passed.
May 22, 2014, 7:51 am
#59
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We have determined however that we still have a very strong case against them and have a court date in Poland and a court date in Ontario coming up, proforma.
We'll see what'll happen. Counsel suggests that we may be awarded a lesser award but even that figure is OK with me.
May 22, 2014, 8:05 am
#60
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So far they've voluntarily reimbursed me for the cost of the tickets plus a few bucks to cover my hotel and meal costs, note it was voluntarily and I accepted after consulting with my counsel.
Refunding the ticket for a cancelled flight is the absolute minimum.
I am afraid you have forfeited your right of claiming the fare difference (old ticket vs. replacement ticket), once you "voluntarily" accepted the refund.
Is your counsel aware of EC261/2004? Is it your friend, specializing in consumer litigation?
Unfortunately for LOT they have no idea who they're dealing with.
I'll get me money. I guarentee it.
I'll get me money. I guarentee it.
I have insurance from Amex for the baggage, however that's limited to $500, i've needed to purchase a suit and dress shoes plus a dress shirt, which has far exceeded the $500 amount covered.
Knowing the attitude of LOT.
But, yes, I will ask you in 4 weeks, if you have received the EUR 600 into your account.
At this point I will put the probability at 5%.
I really hope your wrong on this but I have a feeling I'll be the one buying the drinks...
But, yes, I will ask you in 4 weeks, if you have received the EUR 600 into your account.
At this point I will put the probability at 5%.
I really hope your wrong on this but I have a feeling I'll be the one buying the drinks...