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-   -   Austrian Airlines - Where to send EU261/04 claim to? (https://www.flyertalk.com/forum/lufthansa-austrian-swiss-brussels-lot-other-partners-miles-more/1929067-austrian-airlines-where-send-eu261-04-claim.html)

justsawaufo Sep 5, 18 8:27 am

Austrian Airlines - Where to send EU261/04 claim to?
 
Dear FT,

Where is the proper destination for EU261/04 claims with OS?
I'd like to file a request for myself, wife and daughter based on the below:

Myself:
I had a confirmed ticket with boarding passes in hand for PRG to IAD via VIE in Business Class. I was scheduled to meet my wife in VIE (she was on TLV-VIE) and continue together to IAD. My original scheduled arrival to IAD was 2:25PM on 9/3.
The flight to VIE was cancelled and I received no information about it, only found out by accident when trying to change my seating assignment. The entire reservation got cancelled and I was re-booked on PRG-FRA-IAD which resulted in me getting to my final destination at approx. 8PM, 5.45 hours after my original scheduled arrival.

Wife:
I was originally on flight OS860 connecting to OS93 with arrival time of 2:25PM to IAD on 9/3 in Business Class.
OS860 was cancelled and I was re-booked on AC83, connecting with AC8174 with scheduled arrival time of 20:32PM to IAD on 9/3.
AC83 was delayed, which forced us to miss the connecting flight and spend the night in YUL. We arrived to IAD the day after on 9/4 at 3:44PM.


Thanks!

ajeleonard Sep 5, 18 8:55 am

Two cancellations on the same day suggests widespread IRROPs, which may increase the likelihood of ineligible for EC261. What were the reasons given for the cancellations?

justsawaufo Sep 5, 18 9:03 am


Originally Posted by ajeleonard (Post 30169994)
Two cancellations on the same day suggests widespread IRROPs, which may increase the likelihood of ineligible for EC261. What were the reasons given for the cancellations?

"Operational"
no other reason was provided.

Fabo.sk Sep 5, 18 9:10 am

All of you should be entitled to 600€ from OS, unless there was a force majeure reason. OS might claim that the flight was wholly outside the EU, but remind them that this is only the replacement flight, not the original flight.

Your wife and daughter may also try and see if they have any claim with AC based on Canadian or US regulations.

Often1 Sep 5, 18 9:11 am

I suppose that you can file the claims, but you leave yourself open for an easy denial if you do not press for more information as to the reason for a delay or cancellation.

The easiest and best channel is to use the OS online complaint form which has a specific sub-category for cancellations.

justsawaufo Sep 5, 18 9:36 am

Thank you guys, I will seek the reason of the cancellation.

justsawaufo Sep 9, 18 10:01 am

Update:
I submitted two claims, one for me *Gold and one for my wife and daughter as they were on a different PNR. Within 24 hours I received an update on my case saying I'm eligible for 600 euros and they will transfer it to my bank account. Nothing on the 2nd claim yet.

justsawaufo Sep 11, 18 10:01 am

OS denied the request for compensation for my wife and daughter claiming weather in VIE caused the cancellation. I investigated the manner and called "BS", to be continued.

justsawaufo Sep 12, 18 8:00 am

Dear FTalkers,

Please help me understand if I'm missing anything:
  • My wife was originally on flight OS860 connecting to OS93 with arrival time of 2:25PM to IAD on 9/3 in J.
  • OS860 was cancelled and the Mrs was re-booked on AC83, connecting with AC8174 with scheduled arrival time of 20:32PM to IAD on 9/3.
  • AC83 was delayed, which forced her to miss the connecting flight and spend the night in YUL. We arrived to IAD the day after on 9/4 at 3:44PM.
I contacted OS for compensation according to EU 261/2004 and was denied with the reason that the flight was cancelled due to weather. When I pressed for more information, I received "we are unable to comment further."
Now, here's why I don't think it was cancelled due to weather:

The day before (9/2) OE-LBD which was scheduled to operate VIE-TLV-VIE, was cancelled from VIE to TLV and was re-routed to TIA. Now, isn't it operational at this point? if the weather permitted flying, than the plane should've made it to TLV instead of TIA, but an operational decision was made, to re-route the plane to TIA.

https://cimg7.ibsrv.net/gimg/www.fly...e2894297a6.png

OE-LBD - Notice VIE-TLV cancelled and was re-routed to VIE-TIA

LY361 made it on time on Sep 3rd, 2018 with many other flights flying to Vienna, all within the same hour time frame of OS860, a clear indication that there was were no weather issues in VIE or TLV.Date

https://cimg0.ibsrv.net/gimg/www.fly...54803e1305.png

LY arrived on time

On September 3rd 2018, OS180, OS7052, OS920, OS424 and many more OS operated flights, arrived safely and on-time to VIE within the time frame of 8:55am to 9:10am local VIE time, same scheduled arrival time of OS860.

All scheduled arrivals to VIE within the time-frame of 8:55am (VIE local time) , but OS860 arrived ON-TIME, including various OS operated flights, such as: OS 7112, OS 568, OS 332, OS 920, OS 98, OS 760 and more. Clearly there was no weather issues in VIE preventing OS from operating, because they did operate:
https://cimg7.ibsrv.net/gimg/www.fly...4b59468e7a.png

VIE Arrivals 03/09


There were no weather issues in TLV as well:

https://cimg6.ibsrv.net/gimg/www.fly...67963a42ee.png

TLV Departures 03/09


Thoughts? Do I have a case or am I missing something big that they see?

Germanfflyer Sep 13, 18 1:15 am

Weather would not even exempt them - it is a scam they are pulling..... to get you to move on!
You are due the money!

justsawaufo Sep 13, 18 6:42 am


Originally Posted by Germanfflyer (Post 30198477)
Weather would not even exempt them - it is a scam they are pulling..... to get you to move on!
You are due the money!

Do tell, why would weather not exempt them?
What would you say my options are at this point? I filed a complaint via www.apf.gv.at

warakorn Sep 13, 18 11:36 am

Extraordinary circumstance are only extraordinary, if they happen quite seldomly.
Snow in Helsinki in the winter or a thunderstorm in Singapore are weather, but not extraordinary.

justsawaufo Sep 13, 18 11:52 am


Originally Posted by warakorn (Post 30200162)
Extraordinary circumstance are only extraordinary, if they happen quite seldomly.
Snow in Helsinki in the winter or a thunderstorm in Singapore are weather, but not extraordinary.

Thanks for responding. What would you do if you were in my shoes now? Keep pressing or go through an agency?
I also received an offiical response from VIE airport representatives:

Dear Mr XXX,

thank you for your message.


On 3rd of September there were no problems due to weather conditions between 6:00am and 11:00am at Vienna Airport.


Best regards,
Feedbackmanagement

gpicur Jan 10, 19 4:47 pm

What was the outcome of your EC261 Claim
 

Originally Posted by justsawaufo (Post 30200215)


Thanks for responding. What would you do if you were in my shoes now? Keep pressing or go through an agency?
I also received an offiical response from VIE airport representatives:

Dear Mr XXX,

thank you for your message.


On 3rd of September there were no problems due to weather conditions between 6:00am and 11:00am at Vienna Airport.


Best regards,
Feedbackmanagement

So what was the final outcome of your EC261 Claim for your wife and daughter ? Also, I am flying on paid OS Business from IAD-VIE. Still no seat assignment. How are seats 7 on the window ? Any other advice about OS Business ?


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