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4 hours delay on vueling. Am I eligible for compensation?

4 hours delay on vueling. Am I eligible for compensation?

Old Jul 15, 14, 6:42 pm
  #1  
jxd
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4 hours delay on vueling. Am I eligible for compensation?

Hi,

From Madrid to Barcelona, flight VY 1006 on 15 june 2014 delayed by 4 hours.

Boarded the plane, 10 minutes later, pilot made announcement requesting us to leave the plane due to technical issues that was already present since the last flight yesterday, and since this was the first flight of the day, the issue was not fixed.

4 hours later, re-boarded the plane and arrived barcelona 4 hours late.

EU regulation 261/204 states that a.€250 compensation is applicable to each passenger for flight delayed within the EU for more than.3 hours and less than 1500 km..

However, after contacting vueling, they refused any compensation. Here is the reply email from them. I have sent 2 emails to them and both replies are similar.

Dear Customer,

We are writing in response to your mail dated 11/07/2014.and in reference to your booking XXXXXXX. Please understand the limitations we find ourselves in due to factors such as technical problems and air traffic control which affect the aerial transport and have a negative impact on our working system, resulting in obligatory schedule changes against our will..

We understand the setbacks these circumstances cause the passengers and it is our policy to provide or help find the most favorable solution as long as the means and alternate flights are available..

According to the Regulations of the European Council the passengers can request the reimbursement of their ticket in case the delay is more than 5 hours if they decide not to accept the alternate flight offered by the company. For this reason, in this case no monetary compensation applies..

If you have any further questions about this matter, please feel free to contact us. We are looking forward to see you on board.


Best regards,

Customer Service Department
Vueling Airlines, S.A.
So, am I eligible for compensation? If yes, how do I push this case further?

Thanks in advance!
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Old Jul 16, 14, 2:06 am
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Try a specialized EC261/2004 collection agency.
Vueling is not going to pay without a fight, that means it would be best to engage such a collection agency to save yourself the mess.
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Old Aug 14, 14, 6:10 am
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According to the Regulations of the European Council the passengers can request the reimbursement of their ticket in case the delay is more than 5 hours if they decide not to accept the alternate flight offered by the company. For this reason, in this case no monetary compensation applies..
Just to be clear, their response is completely and utterly untrue. The regulations states that compensation is payable after 3 hours delay and whether or not you accept a rescheduled flight is absolutely irrelevant if you still arrive more than 3 hours late.

As proven again and again in EU courts, including a recent UK ruling, technical faults are covered by this legislation and thus if this was the primary reason for your delay then you are definitely owed compensation.

I dare say their reply to you is borderline illegal in that they have out rightly lied to you as to what the law is. To be honest, I am little bit shocked - even Ryanair would not do this.
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Old Aug 14, 14, 7:22 am
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Originally Posted by Enigma368 View Post
Just to be clear, their response is completely and utterly untrue. The regulations states that compensation is payable after 3 hours delay and whether or not you accept a rescheduled flight is absolutely irrelevant if you still arrive more than 3 hours late.

As proven again and again in EU courts, including a recent UK ruling, technical faults are covered by this legislation and thus if this was the primary reason for your delay then you are definitely owed compensation.

I dare say their reply to you is borderline illegal in that they have out rightly lied to you as to what the law is. To be honest, I am little bit shocked - even Ryanair would not do this.
This is the second reply to me.

Dear Customer,


We are writing in response to your mail dated 11/07/2014 and in reference to your booking . Please understand the limitations we find ourselves in due to factors such as technical problems and air traffic control which affect the aerial transport and have a negative impact on our working system, resulting in obligatory schedule changes against our will.

We understand the setbacks these circumstances cause the passengers and it is our policy to provide or help find the most favorable solution as long as the means and alternate flights are available.

According to the Regulations of the European Council the passengers can request the reimbursement of their ticket in case the delay is more than 5 hours if they decide not to accept the alternate flight offered by the company. For this reason, in this case no monetary compensation applies.

If you have any further questions about this matter, please feel free to contact us. We are looking forward to see you on board


Best regards,

Customer Service Department
Vueling Airlines, S.A.
I can't accept it when they try to lie to me

Still trying to fight for compensation. Worst case scenario i will go to a specialized EC261/04 collection company.
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Old Aug 14, 14, 7:34 am
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Originally Posted by jxd View Post
This is the second reply to me.



I can't accept it when they try to lie to me

Still trying to fight for compensation. Worst case scenario i will go to a specialized EC261/04 collection company.
They are correct that you can request reimbursement after 5 hours. The issue is they are conflating that with cash compensation due, which is incorrect.
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Old Aug 14, 14, 7:42 am
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Originally Posted by LupineChemist View Post
They are correct that you can request reimbursement after 5 hours. The issue is they are conflating that with cash compensation due, which is incorrect.
I did not state anything about reimbursement in my email, i only stated compensation.
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Old Aug 14, 14, 8:22 am
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I don't know of any private company that can help you with this for flights in Spain (but would love to know if they exist, similar to EUClaim in the UK and Netherlands).
But if you want proceed, look at this page on the Aena website and the part about the Spanish Air Safety Agency (near the bottom):
http://www.aena-aeropuertos.es/csee/...omplaints.html
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Old Aug 14, 14, 10:05 am
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Refund.me have two lawyers/legal experts in "Espania"[sic] and seem to indicate that Spain is covered. I've not used them so I can't make a personal recommendation.

However, Vueling's letters so far have been so error filled and inaccurate, that I would persist with dispassionate, short letters referencing the regulation and showing that their interpretation is wrong, and spelling out the Articles that show that compensation is due. They will probably stop communicating as their next tactic, but keep pressing, no need to to get an agent on board just yet (who will take a cut from your compensation).
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Old Aug 17, 14, 4:33 pm
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They are correct that you can request reimbursement after 5 hours. The issue is they are conflating that with cash compensation due, which is incorrect.
Indeed, they have mentioned a different rule to EU 261 and stated that this rule means no compensation is due under EU law. This is factually and legally incorrect.
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Old Oct 13, 14, 9:30 am
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till this date i am still seeking compensation from vueling! the latest reply:

Dear Customer,


Thank you for contacting Vueling. In response to your mail, we would like to inform you that in front of factors such as technical problems or air traffic control, the aerial transport is affected and it has a negative impact on our working system, resulting in obligatory schedule changes against our will.

In these cases and according to the Regulations of the European Council the passengers can request the reimbursement of their ticket in case the delay is more than 5 hours if they decide not to accept the alternate flight offered by the company. For this reason, in this case no monetary compensation applies.


Best regards,

Customer Service Department
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Old Oct 14, 14, 4:21 am
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still unable. will go to ec261/4 collection agency soon.

Dear Customer,


As we have already given a resolution to your claim in our previous mail, we have reexamined this case and have verified that our company has complied at all times with our Conditions of Carriage and the Regulation of the European Commission.

We would like to apologize once again for the fact that we can not resolve your claim to your satisfaction.

Your reference number is: x
Please use this reference for future queries about your case, or click reply on this email.


Best regards,
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Old Oct 23, 14, 6:50 am
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Any other thoughts on a collection agency in Spain or know where to file a complaint with the Spanish authorites (and whether that will make any difference)?

Friend's flight was oversold, didn't ask for volunteers. Per EU rules they should have to pay 250 euros compensation (gate agent even suggested this), but the company doesn't respond to inquiries.
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Old Oct 23, 14, 6:34 pm
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Originally Posted by Doppy View Post
Any other thoughts on a collection agency in Spain or know where to file a complaint with the Spanish authorites (and whether that will make any difference)?

Friend's flight was oversold, didn't ask for volunteers. Per EU rules they should have to pay 250 euros compensation (gate agent even suggested this), but the company doesn't respond to inquiries.
As mentioned above, refund.me

Sent my my flight details and they are willing to help. 15% commission + vat.
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Old Oct 23, 14, 9:51 pm
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Originally Posted by Doppy View Post
Any other thoughts on a collection agency in Spain or know where to file a complaint with the Spanish authorites (and whether that will make any difference)?

Friend's flight was oversold, didn't ask for volunteers. Per EU rules they should have to pay 250 euros compensation (gate agent even suggested this), but the company doesn't respond to inquiries.
I filed a complaint with the spanish authorities and one year after is still under investigation.
One colleague, on the same flight, went through a collection agency, and after 8/9 months he got the compensation minus the fee(do not know how much) that the agency charges.
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Old Oct 23, 14, 10:39 pm
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Sounds like a real fly by night company. I imagine they will get bust eventually if this is how they behave.

I think the only way you would get compensation easily is to use one of the companies that charge a fee. Anything else sounds too complicated given that they are based in Spain.
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