compensation refusal by Air Méditerranée (Regulation 261/2004)
Jul 30, 2014, 4:08 am
#1
Original Poster
Join Date: Jul 2014
Location: Paris
Posts: 1
compensation refusal by Air Méditerranée (Regulation 261/2004)
Hi, I'm new here but got a big question! - thanks in advance!
I've lately run into a massive delay caused by this cheap airline Air méditerranée and I'm currently in the process of negotiating with them for a compensation - based on EU Regulation 261/2004 (http://en.wikipedia.org/wiki/Regulation_261/2004#Delays). However, it seems they don't quite agree with me and therefore I'd like to ask some expert's opinions (as I'm totally incompetent in legal matters!), thank you!
Basically, my flight from Stockholm ARN to Paris CDG was delayed for nearly 6 hours and the reason offered to us was that the plane (which was flying back to Europe from Iraq!) was held in some tough situation in northern Iraq and then it needed to refill the tank in Turkey, thus resulted in the unexpected delay. During the 6 hours or so (from 8pm to 2am on the following day), we were offered nothing in the airport except for a meal-couple which valued barely €10 (enough for a crappy sandwich). It was extremely exhausting, distressful and uncomfortable (no where to have decent rest), not to mention the plans of the following day were all disrupted or had to be cancelled (phone calls etc. notifying friends etc.).
Then after this terrible experience, I began negotiating with them, citing the EU Regulation 261/2004, which at least to my best understanding, entitles a €400 compensation since Stockholm-Paris falls into the category 2, 'A flight within the EU of greater than 1500 km in distance'. However, their argument is (sorry I have to cite the original reply here, in French) 'Cependant, le règlement européen du 11 février 2004 ne prévoit, un droit à une indemnisation qu'en cas d'annulation de vol et non en cas de retard de vol.' - it basically means such compensation applies to cases of annulled flights but not delayed cases. And all in all, they proposed a compensation of €50, that's all...
Has anyone ever run into a similar situation? Or any insights in interpreting this Regulation? am I wrong or they're just trying to get away from it?...
Many thanks again!
I've lately run into a massive delay caused by this cheap airline Air méditerranée and I'm currently in the process of negotiating with them for a compensation - based on EU Regulation 261/2004 (http://en.wikipedia.org/wiki/Regulation_261/2004#Delays). However, it seems they don't quite agree with me and therefore I'd like to ask some expert's opinions (as I'm totally incompetent in legal matters!), thank you!
Basically, my flight from Stockholm ARN to Paris CDG was delayed for nearly 6 hours and the reason offered to us was that the plane (which was flying back to Europe from Iraq!) was held in some tough situation in northern Iraq and then it needed to refill the tank in Turkey, thus resulted in the unexpected delay. During the 6 hours or so (from 8pm to 2am on the following day), we were offered nothing in the airport except for a meal-couple which valued barely €10 (enough for a crappy sandwich). It was extremely exhausting, distressful and uncomfortable (no where to have decent rest), not to mention the plans of the following day were all disrupted or had to be cancelled (phone calls etc. notifying friends etc.).
Then after this terrible experience, I began negotiating with them, citing the EU Regulation 261/2004, which at least to my best understanding, entitles a €400 compensation since Stockholm-Paris falls into the category 2, 'A flight within the EU of greater than 1500 km in distance'. However, their argument is (sorry I have to cite the original reply here, in French) 'Cependant, le règlement européen du 11 février 2004 ne prévoit, un droit à une indemnisation qu'en cas d'annulation de vol et non en cas de retard de vol.' - it basically means such compensation applies to cases of annulled flights but not delayed cases. And all in all, they proposed a compensation of €50, that's all...
Has anyone ever run into a similar situation? Or any insights in interpreting this Regulation? am I wrong or they're just trying to get away from it?...
Many thanks again!
Jul 30, 2014, 6:55 am
#2
Join Date: Sep 2010
Location: Copenhagen
Programs: TK*G, Delta Gold
Posts: 384
"Articles 5, 6 and 7 of Regulation EC 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."[4]
This seems to indicate to me that delays of more than three hours give the same compensation rights as a cancellation, independent of rerouting/reimbursement obligations and obligation of care. Might be worth refering to this court verdict in your answer. Certainly you should do more research than my two minutes spent on wikipedia, but I hope this helps by pointing you in the right direction. Good luck.
Jul 31, 2014, 5:16 am
#3
Suspended
Join Date: Feb 2007
Location: PVG, FRA, SEA, HEL
Programs: UA Premier Gold
Posts: 4,783
Best word of advise would be to hire a specialized EC261/2004 collection agency, who can sue Air Méditerranée in French or Swedish court.
Otherwise Air Méditerranée wont pay.
Otherwise Air Méditerranée wont pay.