Why Vueling Flight canceled

Reply

Old Jan 21, 16, 11:59 am
  #16  
Original Poster
 
Join Date: Aug 2009
Location: Germany
Posts: 1,112
How would you interpret this?

Thank you for your mail. We inform you that, contrary to your mail, the flight had not been cancelled (i.e. the non-operation of a flight which was previously planned and on which at least one place was reserved) but was delayed. In the end, it indeed departed the next day. As per the regulation mentioned earlier, a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning. A flight is considered delayed when it is operated in accordance with the original planning and its actual departure time is later than the scheduled departure time. We regret not being able to resolve your claim to your satisfaction.
In a earlier email they wrote

Please understand the limitations we find ourselves in due to the fire in FCO which affected the aerial transport and had 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.
Well, the fire was two month before, I don't think they can argue with this for a flight cancellation two month later without prior information.
31570324 is offline  
Reply With Quote
Old Jan 21, 16, 2:10 pm
  #17  
 
Join Date: Jun 2013
Location: MEL
Programs: QF, FI, BA, HHonors & Le Club Accorhotels
Posts: 389
Originally Posted by mmff View Post
She most certainly did not.
I honestly did not know that, living in Australia we are not in a position to claim compensation if this happened
garethlewis is offline  
Reply With Quote
Old Jan 21, 16, 2:15 pm
  #18  
Original Poster
 
Join Date: Aug 2009
Location: Germany
Posts: 1,112
Originally Posted by garethlewis View Post
I honestly did not know that, living in Australia we are not in a position to claim compensation if this happened
When you make holiday in europe you can also claim for it if necessary
31570324 is offline  
Reply With Quote
Old Jan 22, 16, 7:38 am
  #19  
 
Join Date: Jan 2010
Posts: 6,780
Thank you for your mail. We inform you that, contrary to your mail, the flight had not been cancelled (i.e. the non-operation of a flight which was previously planned and on which at least one place was reserved) but was delayed. In the end, it indeed departed the next day. As per the regulation mentioned earlier, a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning.
Refer them to the Sturgeon and Bock cases where it has been ruled that a delay of 3 hours or more should be treated as a cancellation for purposes of compensation.
ft101 is offline  
Reply With Quote
Old Jan 22, 16, 8:43 am
  #20  
A FlyerTalk Posting Legend
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 40,149
VY, of course, knows all of this and is simply fobbing OP off because the statistics show that 98% of claims won't be pursued. I would not bother with legal arguments as it is hardly as though this is all news to VY.

Simply pursue the claim. Send the claims agency the two emails and you will have your compensation diminished by their tribute soon enough.
Often1 is offline  
Reply With Quote
Old Jan 22, 16, 10:01 am
  #21  
Formerly known as pmcgurk
 
Join Date: Aug 2002
Location: Essex, UK
Programs: BA Executive Club, AZ, VS, AA, UA
Posts: 486
Don't give up!

I got compensation for a 7 hour delay (on an intra EU flight) from Monarch some 5 years after the event. The rulings last year - especially Huzar v Jet2 - have made it impossible for airlines to wriggle out of it.

I pursued them by email until this case was final, then chased once more, and when I got no reply, sent a letter before action based on a template I got online (happy to share if you PM me). Now the advantage in UK is that it's relatively easy to pursue a court case and I was prepared to do so - that's not the case in every jurisdiction - but don't give up!
OxfordBlue is offline  
Reply With Quote
Old Mar 11, 16, 6:21 am
  #22  
Original Poster
 
Join Date: Aug 2009
Location: Germany
Posts: 1,112
Finally Vueling accept to pay the 250€ compensation. Last step was that we submit a claim to apf.gv.at, which is the Agency for Passenger Rights from Ministry of Transport in Austria.

Before we did so I asked a friend who is a german lawyer to write a letter to Vueling, but Vueling also refused to pay after that. Very hard to get anything from them.
31570324 is offline  
Reply With Quote
Old Mar 13, 16, 4:06 am
  #23  
Formerly known as pmcgurk
 
Join Date: Aug 2002
Location: Essex, UK
Programs: BA Executive Club, AZ, VS, AA, UA
Posts: 486
Originally Posted by 31570324 View Post
Finally Vueling accept to pay the 250€ compensation. Last step was that we submit a claim to apf.gv.at, which is the Agency for Passenger Rights from Ministry of Transport in Austria.

Before we did so I asked a friend who is a german lawyer to write a letter to Vueling, but Vueling also refused to pay after that. Very hard to get anything from them.
Glad you got there in the end! Did you use a claims company? Would be good to hear your experience of them if so.
OxfordBlue is offline  
Reply With Quote
Old Mar 13, 16, 5:04 am
  #24  
Original Poster
 
Join Date: Aug 2009
Location: Germany
Posts: 1,112
As I wrote before, we used apf.gv.at which is a government agency. They don't charge anything for their help.
31570324 is offline  
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread