Originally Posted by
bananahead
Well...i've finally had my reply.
Compensation D E N I E D
Finnair have given a pathetic excuse of minor technical faults and ATC delays (the aircraft operating my delayed LHR-HEL was late inbound to HEL from HKG).
I WILL pursue this through the small claims court as I believe in terms of ATC these delays are not uncommon nor unexpected (hence why airlines factor these delays into block flying time and turnaround times) and in terms of the technical issue delay as stated on the caa uk website -
'Ordinary technical problems that cause flight disruption, such as component failure or general wear and tear, should not be considered an 'extraordinary circumstance' and compensation should be payable in these cases.'
So....the next step.
Finnair does not form part of the 'alternative dispute resolution' (ADR) bodies so I am able to complain direct to the CAA. Although as far as I understand it the CAA has no actual powers to enforce anything on Finnair?
Should I skip the CAA complaint process and just go straight to the small claims process? Or do both simultaneously? Or contact the CAA first and wait and see and then do a small claims case?
Any advice would be greatly appreciated!
Edited to add - I complained to the CAA first. Whilst lodging the details of my complaint I realised AY allocate a LHR turnaround time of ONE HOUR TEN MINUTES for a wide bodied A350 to be turned around??!! And then claim ATC delays? Errrmmm no...it's scheduling suicide!
Hi folks.
My advice to anyone making an EU261 claim against Finnair is to be like a dog with a bone and do not let go.
My story is pretty much above. Finnair tried to claim 'extraordinary circumstances due to ATC' for my delay. What they neglected to tell me at the time was that the ATC delay was the day before....in HKG. My flight was three rotations of the aircraft later.
I contact the CAA resolution service in the UK and was pretty shocked when they sided with Finnair (the CAA are a toothless organisation).
So I took up the services of a lawyer. The lawyer first tried to play nice with Finnair and issued a letter of demand. Finnair did not even reply. So my lawyer issued court proceedings against Finnair in the UK. Exactly two days before the six week deadline where Finnair either has to admit liability or submit a formal written defence they settled with me.
Of course the lawyer took a third of the compensation and frankly I don't care (I will be donating the remainder to my local Alzheimers Charity). This became a matter of principle for me.
I am happy it is resolved but still think they are a disgraceful organisation.