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-   -   Flight cancellation due to extraordinary circumstances and business secret (https://www.flyertalk.com/forum/europe/1985172-flight-cancellation-due-extraordinary-circumstances-business-secret.html)

pavel123 Aug 30, 2019 4:53 am

Flight cancellation due to extraordinary circumstances and business secret
 
Hello,
I had a cancelled flight : W6-8052 MXP - VNO on 25 August 2019 21:00. The replacement flight was on the next day, more than 10 hours after.
At the airport a desk agent told us that the reason was technical reason on plane, so i should have a compensation.
Now i received an email from Wizzair that the cancellation is due to extraordinary circumstances and the cannot reveal it to me because of business secret.
How can i know the true reason of flight cancellation please?
Thanks in advance

KLouis Aug 30, 2019 7:07 am

Wizzair: :( :eek: :rolleyes: :td: :mad: RI-DI-CU-LOUS!

pavel123 Aug 30, 2019 7:19 am

Feels like i am a poor man :). Any solution do you think?

ajeleonard Aug 30, 2019 7:23 am

Burden of proof is on the airline to demonstrate extraordinary circumstances rather than on the passenger to prove that it isn't.

If they won't pay take them to court

Often1 Aug 30, 2019 7:27 am

Don't think of this as anything other than an ordinary unacceptable answer from a carrier. What would you do if W6 had responded that it was declining to pay even though there was no extraordinary circumstance? Sue.

If you sue W6, the burden of proving an "extraordinary circumstance" under EC 261/2004 will fall to W6. Whether and how the "secret" is handled by the court is a matter of the court's rules.

pavel123 Aug 30, 2019 7:27 am


Originally Posted by ajeleonard (Post 31473179)
Burden of proof is on the airline to demonstrate extraordinary circumstances rather than on the passenger to prove that it isn't.

If they won't pay take them to court

That's what i was thinking about it. You're right. I will have to deal with it this way. Thank you!

pavel123 Aug 30, 2019 7:48 am


Originally Posted by pavel123 (Post 31473198)
That's what i was thinking about it. You're right. I will have to deal with it this way. Thank you!

But what if finally in court it turns out to be a valuable and trully extraordinary reason? :confused:

KLouis Aug 30, 2019 7:53 am

Don't worry, it won't be! If it were, they would have told you. There is no way that any court in the world would accept such a ludicrous excuse!

pavel123 Aug 30, 2019 7:57 am


Originally Posted by KLouis (Post 31473298)
Don't worry, it won't be! If it were, they would have told you. There is no way that any court in the world would accept such a ludicrous excuse!

LOL. it is logical. Thanks

Often1 Aug 30, 2019 10:55 am


Originally Posted by pavel123 (Post 31473277)
But what if finally in court it turns out to be a valuable and trully extraordinary reason? :confused:

If that really does turn out to be the case, you will lose the case.

BearX220 Aug 30, 2019 2:51 pm


Originally Posted by pavel123 (Post 31473277)
But what if finally in court it turns out to be a valuable and trully extraordinary reason? :confused:

If it is a genuinely embarrassing or revealing "secret," the airline will settle with you rather than expose it in court proceedings.

Yachtman Aug 30, 2019 11:55 pm

Pavel, take a look at this website https://www.moneysavingexpert.com/travel/flight-delays/
It provides some very clear instructions how to make a claim and how to escalate it.

Also you can use the free resolver tool/website to make your claim. They don't charge you and they don't take a percentage, but it does help you with drafting the properly worded letters and will give you reminders follow up and appropriate responses. I have used it to make two claims, one of which was quite complex and after a few months of back and forth it finally paid off.
https://www.moneysavingexpert.com/tr.../#resolvertool


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