Passenger’s 4-Year Wait for Compensation Finally Pays Off
Jackie Reddy April 07, 2016
Frustrated at Thomas Cook’s silence over a delay repay, a German passenger used the long arm of the law to claim her entitled refund.
An unidentified German woman who waited four years for compensation for a delayed flight has at last had her patience rewarded.
Her vacation plans were disrupted when a mechanical issue resulted in a 22-hour delay to her Caribbean-bound Thomas Cook Airlines flight from Austria.
Under European Union rules, passengers are automatically entitled to monetary compensation for any delay based on the distance to be traveled as well as the length of time of any subsequent delay.
But as the years passed, the woman received no reply from Thomas Cook. Frustrated with the carrier’s lack of response, she contacted FlightRight, a compensation company that handles the hefty paperwork involved in cases such as these in exchange for a 25 percent claim of any successful case.
FlightRight then hired a lawyer to present the claim in an Austrian court and it was this lawyer who in turn secured an order for repayment against the airline. Late last week, a court official arrived at Salzburg Airport (SZG) and informed authorities there that he was legally empowered to impound a Thomas Cook plane until compensation was made to the passenger.
Thomas Cook and Condor, the British carrier’s German subsidiary, were surprised to learn of the court order and said that it was the first that they had heard of the passenger’s claim against the airline.
Condor immediately issued a refund of $680 to the passenger and spokesman Johannes Winter commented on the incident to NBC News, saying, “We first heard of the claim on Friday, when we were notified by the airport in Salzburg.”
He also apologized for the delay in issuing the passenger’s compensation.
Jonas Swarzenski, FlightRight’s head of legal, offered insight into the matter, explaining to the broadcaster that, “Some airlines use the tactic of blocking requests or taking so long that people give up. I think this was just an administrative mistake by the airline, the claim probably just got lost on somebody’s desk.”
He added that just 15 percent of passengers who are entitled to EU compensation only ever file a claim.
[Photo: Thomas Cook]
Say what you will about the American legal system, this is a place where punitive damages would be entirely appropriate to ensure the airline's future compliance with EU law. The passenger hired a professional service that is well-versed in getting airlines to pay up, so I'm certain the paperwork was all done correctly and followed up with again and again. If your airline can't handle claims paperwork and if they manage to misplace a court summons or notice of a lawsuit... that's not just "oopsie". That's strategic incompetence.
lol !
And, by coincidence, her checked baggage is also expected to arrive any day now.