261/2004 -asetus (http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0006.02/DOC_1&format=PDF) toteaa, että 250 euroa/nuppi + ruoka- ja juomakulut odotusajalta, mikäli kuitit ovat tallessa. Oletettavasti pitää mennä kuluttajariitalautakunnan kautta.
Tosiaan lento saapui kohteeseen melkein 5h myöhässä ja saatiin ainoana hyvityksenä nuo 3,5€ arvoiset meal voucherit kentällä. Laitoin tästä pitkän reklamaation vedoten tuohon 261/2004 -asetukseen Air Balticille ja vaatimuksena tuon 250€ per nuppi + rahat ruoka- ja juomakuluista odotusajalta, lähetin kuvat kuiteista myös heille.
Kannattaako enää vääntää heidän kanssa tuosta asiasta, vai suoraa ottaa yhteyttä kuluttajariitalautakuntaan? Tässä heidän vastaus reklamaatioon:
Dear ****,
Thank you for letting us know about situation occurred. I would like to sincerely apologize for the inconvenience and frustration you and your travel partner have experienced due to delay of the flight BT304 from Helsinki to Riga on August 12th, 2016 which led to you missing your next flight to Vilnius.
I would like to explain you that your flight was delayed due to aircraft rotation. As aircraft initially assigned to perform your flight was delayed during the previous flight segment due to Helsinki airport restrictions. Due to these restrictions also other airlines' flights from Helsinki were affected, accordingly decreasing the airport's capacity to service them all timely. Therefore airspace regulatory institutions changed arrival/departure time of several air carriers' flights, among them the slot of the flight from Helsinki was changed, postponing to a later time.
As we could not predict the decision of airspace regulatory institutions about the slot time for the said flight and these restrictions were established due to circumstances which were beyond our actual control and which could not be avoided even if all available airline's resources were utilized, we have to conclude that your flight was delayed due to extraordinary circumstances. Current Regulation (EC) 261/2004 "establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91" Article 5 (3) states that "(..) air carrier shall not be obliged to pay compensation (..) if (..) cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken". As European Court of Justice has acknowledged in its practice (please see, for example, decision made by European Court of Justice on 23rd of October, 2012 in joined cases No. C-581/10 and C-629/10), then, also deciding on compensations for passengers if the flight is delayed, air carrier should evaluate, if delay is caused by extraordinary circumstances, and in case of affirmation, carrier is entitled to refer to Regulation (EC) 261/2004 Article 5 (3) not only in case of flight cancellation, but also – delay. Therefore we cannot meet your request to pay delayed flight compensation.
Additionally I would like to explain that we do our best to avoid flight delays, since it causes considerable inconveniences to our passengers. In such cases we utilize all available resources to minimize the delay and ensure timely departure. Also, in order to take you to your destination as soon as possible, we provided alternative flight. Therefore I would like to assure you that we gave our best efforts to avoid this situation and ensure that you reach your destination timely.
I express my sincere regret that our provided care and assistance service during waiting time of your alternative flight to Vilnius did not meet your expectations. I would like to explain you that according to the current Regulation (EC) 261/2004 "establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91" Article 9 passengers shall be offered meals and refreshments in a reasonable relation to the waiting time in case of delay of the flight. However exact extent of care and concept of reasonable relation are not stipulated, hence the amount of meal vouchers is calculated based on airline's internal procedures and estimations. I thank you for taking time to let us know your opinion and assure that we value it greatly in order to improve our services.
If you do not agree with the explanation given on the refusal of the compensation, according to Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 "on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC" and current normative acts of Latvia, you have the rights to address Consumer Rights Protection Centre (
www.ptac.gov.lv; e-mail:
[email protected]) for settlement of this dispute.
Nevertheless again, I hope you continue to use us as your trusted airline in the future. We wish you safe and pleasant flights.
Please be sure to include your application number ***** with all correspondence regarding this case and also please note that reply will be reviewed and answered within 10 working days.
