Adria owe me money (delayed flight)
Oct 20, 2019, 2:57 am
#1
Original Poster
Join Date: Jan 2015
Location: TLV
Programs: UA 1K, Marriott Platinum Elite
Posts: 148
Adria owe me money (delayed flight)
So, now bankrupt Adria owe me money for a flight which has been delayed for more than 24 hours. Since they went bankrupt, I guess I will never see it.
Since I booked the ticket through Austrian, can i get the compensation from them?
Since I booked the ticket through Austrian, can i get the compensation from them?
Oct 20, 2019, 3:09 am
#2
Suspended
Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
Since I booked the ticket through Austrian, can i get the compensation from them?
Last edited by NewbieRunner; Oct 20, 2019 at 8:21 am Reason: Fixed quote tag
Oct 20, 2019, 6:49 am
#3
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Presuming that you mean EC 261/2004 delay compensation, the simple answer is that you have a claim (presuming that the delay was not caused by "extraordinary circumstances"), but it is an unsecured claim in insolvency. Thus, it is unlikely that it will ever be paid or, if it is paid, that it will be a tiny fraction of what is owed.
No, you may not claim against any other carrier as the Regulation clearly applies only to the operating carrier.
No, you may not claim against any other carrier as the Regulation clearly applies only to the operating carrier.
Oct 20, 2019, 7:21 am
#5
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,417
If by chance someone would buy Adria or another airline would acquire/merge with them (both unlikely), the terms could require the new owners to be responsible for some or all past obligations, so you should pay attention if this happens.
If you can do so easily, it might not hurt to submit an ED261 claim now, just in case, and to make sure that any filing deadlines aren't missed.
If you can do so easily, it might not hurt to submit an ED261 claim now, just in case, and to make sure that any filing deadlines aren't missed.
Oct 20, 2019, 9:12 am
#6
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Not under any insovlency / bankruptcy scheme I've ever heard of. The entire purpose of insolvency proceedings is to make certain that everybody with the same type of claim gets paid at the same rate so it is equally fair (or unfair) as the case may be.
Doubt that an administrator / trustee would approve a plan whereby one class of unsecured creditors, e.g. those with EC 261/2004 claims, gets paid, while others with secured or non-Regulation claims, don't get all of their money first.
Doubt that an administrator / trustee would approve a plan whereby one class of unsecured creditors, e.g. those with EC 261/2004 claims, gets paid, while others with secured or non-Regulation claims, don't get all of their money first.