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Old Mar 8, 13, 12:00 pm
Join Date: Dec 2010
Location: London, UK
Programs: BA; SQ; Hyatt; Hilton
Posts: 407
Thumbs down An EU Reg. 261/2004 tale

So, a friend of mine flew LHR-SIN-PER in Y in February last year and a delay to the LHR-SIN sector due to a technical issue with the aircraft meant a missed connection and over 13 hours delay in arriving at PER. She made a compensation claim under EU Regulation 261/2004 for EUR 600, but this was refused by SQ on the basis that a delay did not give rise to a compensation obligation, even when a reasoned response was given as to why this was legally wrong.

Following the decision in October of the European Court of Justice in Nelson v
Lufthansa and TUI Travel v CAA, which put the point beyond any doubt, she wrote again asking for compensation.

SQ did not reply until last month, saying:

Without Prejudice
Pursuant to Article 6 & 7 of Regulation EC261/2004 for flights departing an EU airport, you are entitled to a payment of EUR600 (£507), following the delayed departure [...]

Please fill in the attached Release and Indemnity (R&I) form and return to me to facilitate payment. [...]

Singapore Airlines will only process your claim upon receipt of a signed Release and Indemnity form.
The attached form included the following, which my friend was asked to sign:

I the undersigned _________________________ hereby declare that I accept from Singapore Airlines Limited the sum of EUR€600 in final and complete settlement of all claims of whatsoever nature or howsoever arising that we may have now or in future have against Singapore Airlines Limited, its servants and agents arising out of or in connection with flight [...].

And in consideration of the said payment I hereby agree to indemnify Singapore Airlines Limited, its servants and agents from and against all further claims by whomsoever made in respect of the said loss and/or damage. I accept that the said payment is made without prejudice and without any admission of liability on the part of Singapore Airlines.

[my emphasis]
I naturally told her that she should refuse to provide an indemnity, as they were legally required to pay the compensation, so she deleted the underlined wording and returned the form, to which she received the following reply:

Without Prejudice

Thank you for returning your Release and Indemnity form. However, I regret we are unable this [sic]. Any Release and Indemnity form must be signed and returned in the original version without amendments or annotations.

Therefore, please kindly complete and post to me again your Release and Indemnity (R&I) form.
This is outrageous! If they were e.g. a financial services company they would never get away with sending such an email.

Has anyone else received the same? My suggestion was to refuse to sign the form and give them 14 days to pay before beginning county court proceedings. I would also be off to the newspapers in the meantime.
mgiarc is offline