Petrus

I find it hard not to laugh at NB (sterling airways, low cost danish carrier)

Back in July they cancelled my flight from CPH to LGW because there where technical problems. I had a LHR - EWR the next evening so really needed to get to London.

Three more flights out on the same evening, SK, BA, EZ and all sold out. NB where sold out for five days. Ticketing desk "tried" to charter a plane for two hours but failed... He said we where on our own, there's only so much he can do.
He said NB would compensate us for our expenses in order to get to our destination. The day after the only seats available was on SK and BA, all in C class. £400 single.
The only hotel at CPH is The Hilton, and only suits where available.
I bought my ticket and got the NB sales person to stamp it and sign it. He clearly said I will get compensated.

I sent a letter a week later with copies of receipts explaining my rights according to EU law.

Eight weeks passed and I got this response via email:


Dear XXXXXXXXX XXXXXXXX


We do apologize for the unfortunate circumstances connected with the heavy delay and the following cancellation on NB 731 on 7. July from Copenhagen to Gatwich. Due to technical problems during departure the flight was cancelled. We are aware of our responsibilities and we would like to preserve the confidence you have shown Sterling.

According to the EU regulation 261/2004, introduction, article 15 the liability of the flight company to pay compensation is annulled or reduced in the event extraordinary circumstances which could not have been avoided even though all reasonable measures had been taken.

In a situation like this Sterling has no influence on neither the delay nor the folloving cancellation and did not have a chance to avoid it. All measurements which Sterling are to fulfil, were fulfilled.

We will however compensate for some of the expences you have had according to the enclosed receipts.It is not possible for us to refund the full amount for your hotel and for your flightticket with British Airways, as you did travel business class. As other passengers in the same situation as you, we can offer you a refund of DKK 1.000 for Hotel (a rate for a cat. 3+ hotel) and a refund of DKK 2.500 for your British Airways ticket (normaly economy fare). As an alternative you can chose to accept 1 gift vouchers for 2 persons to a destination optional of your choise, return flight, valid for 3 years. Please respond this e-mail stating your reference number and what type of compensation you would like.

With this offer and explanation we hope to be able to maintain you as a customer at Sterling and we hope to welcome you on board Sterling again.


Kind regards

XXXX XXXXXXXXXX
Sterling Airlines A/S
Copenhagen Airport South
DK-2791 Dragoer
Phone: +45 70 33 33 70


I responded:

Dear XXXXX,

"According to the EU regulation 261/2004, introduction, article 15 the liability of the flight company to pay compensation is annulled or reduced in the event extraordinary circumstances which could not have been avoided even though all reasonable measures had been taken."

I do not accept this as it a lie and an over used argument from Low cost carriers to escape liability. The situation is very clear. Sterling had technical failuers and not enough aircraft in their fleet. They decided to leave the stranded passengers on their own. No assistance offered except a few PAX who got seats on EZ.

I am a very frequent flier with SK, BA, VS and in the past NB and know the Airline industry well. I have previously been in similar situations where carriers compensated me for all my expenses.

I will take legal action against Sterling AS unless I am fully compensated for my expenses.

"In a situation like this Sterling has no influence on neither the delay nor the folloving cancellation and did not have a chance to avoid it. All measurements which Sterling are to fulfil, were fulfilled."

Sterling did not fulfill any of their responsibilties in this situation except for a few PAX who got seats on EZ. The rest where on their own.
There was very little information. After the first two hours no vouchers for refreshments or drinks where provided. Your ticket desk was under manned and they promised all our expenses to get to our final destination would be covered. A Sterling employee telling an outright lie. It will not stand in court.

Sterling where sold out for five days, they failed to find me a seat on a different carrier. They did not offer to provide me with accomodation.
The only hotel at CPH is the Hilton.
The only seats available was the next day on BA or SK, only in Business class. I had a flight from LHR to New York on the Sunday for business travel. Regardless, I should not need to explain myself in this situation.

I fully expect to hear from Sterling within days that I shall be fully compensated for my expenses. I have been over 8000DKK out of pocket for nearly two months. I could claim lost interest.

I expect confirmation from Sterling AS within days or I will pursue this matter legally with the assistance of my Lawyer.

Yours sincerely



Have not heard since, it is well over a week ago. Time to start sending letters from the lawyer? What do you people in here think?

Cheers

stut

Sorry to hear about your experience. Bad LCC service at its worst!

However, from Sterling's point of view, you didn't have to sleep at the airport (there's a very good train link to the city centre), you didn't have to fly directly (it's not Sterling's concern that you had a connection) and you don't offer any proof of the airfares available on the day. Why should they believe you?

261/2004 has proven to be an all but useless piece of legislation. The big loophole is the 'security' one, which many airlines (successfully) used as a get-out clause for mechanical failure (a mechanical failure, after all, renders a flight rather insecure). In addition, the compensation is at (IIRC) set levels.

You could get the Danish civil aviation authorities involved if you believe that 261/2004 isn't being properly enforced, but beyond that, I don't think hiring a lawyer is going to result in much more than legal fees. Sorry

jpatokal

If you've got a company stamp and signature on the C ticket (good move!), then as far I can I see Sterling's pretty much going to have to pay that, because they've obviously already approved it once.

However, getting a suite at the CPH Hilton -- which evidently cost "over 8000 DKK" minus 400 pounds or around 4000 DKK -- was out of line. As the other posters said, the airport is minutes away from the city center and I'm sure any of the hotel service desks could have booked you something nearby, probably with a free shuttle service, for much less. You have no stamp and signature on the hotel bill, right?

Petrus

Yes The BA ticket is stamped and signed. Not the hotel bill unfortunately...

If I get the full airfare compensated and the DKK1000 offered for the hotel I will settle for that.

Aviatrix

With hindsight... there are all sorts of other things you could have done to get back to London in time for your trip to the US.

You could have jumped on a train across the bridge to Malmö and taken a Ryanair flights to STN. Or you could have taken a somewhat longer train journey down to Lübeck and caught a Ryanair flight to STN from there. A further hour on the train would have got you to HAM. Or, as others have suggested, you could have taken an indirect flight - e.g., via AMS or FRA. All these would probably have been easier and less stressful than relying on Sterling to get you home.

Not trying to criticise, by the way... just trying to make a general point about trying to be creative when travel plans go wrong.

MarqFlyer

I agree with jpatokal. Since the airline stamped and signed the BA ticket, I think you have a solid argument that the airline agreed to cover that cost. As with most regulations, 261/2004 specifies the least an airline is required to do for pax, but doesn't prevent it from voluntarily doing more. Here, they appear to have agreed to cover more than the minimum.

Since the airline didn't do the same for the hotel charges, their liability would likely be limited to the minimum specified in the regulation.

Petrus

Got offered the full Airfare plus DKK1000 for the hotel.
I accepted this. Set me back 350 USD but then I stayed at a suite in The Hilton with free bar and food so it makes up for the loss