-
Hi
Just an update to the good folk on HfP especially @JDB, @Ladylondon among others who offered advice on a compensation claim against AF for a delayed flight in to CDG which meant we missed our connection to BHX earlier this year, despite best efforts, including going via Resolver haven’t had much joy from AF. Planning to escalate this and consider going to MCOL.Just wanted to check if that would be the next best step and any advice on making an MCOL claim (no prior experience). As a recap I have pasted below email sent to AF, AF claim the minimum connection time was met, which Google says is 1 hour and as per flight records there was only 50min connection time.
Any advice is much appreciated.
Thanks.
Dear Air France,
I am writing regarding a delayed/cancelled Air France flight.
The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
Booking reference:xxxx
Passport number: xxxx
Existing complaint reference: C-xxxx
Flight number: AF0191
Departure airport: Kempegowda International Airport, BLR
Scheduled departure time: 19/02/2024 1:55 AM
Arrival airport: Charles de Gaulle International Airport, CDGNumber of passengers: 4
Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
We were not able to present ourselves at the gate on time for flight AF1164 CDG-BHX owing to the late arrival of flight AF191 from BLR, such delay being entirely within the airline’s control. As a consequence, I sought to be rebooked but was advised by AF customer service agent that there were no seats available that day to BHX, accordingly the agent rebooked us to LHR (although this was much inconvenient for us) and advised that AF would cover the additional surface transportation costs to my final destination of Birmingham.
As a consequence of the delayed AF191, I arrived at my final destination over 12 hours late, and no ‘extraordinary circumstances’ apply. EC261 Article 7.1(c) is therefore engaged when read in conjunction with the ECJ decisions in Sturgeon v Condor and Bock v Air France. Compensation of £520 per person is therefore owed = £2080.
Additionally, under Article 8(3) and as agreed by your agent (who had ostensible authority to make such agreement) I am owed the sum of £197.11 (receipt attached) for ground transportation between LHR and my final destination.
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
Air France hereby certifies that the following flight was delayed:
Flight number: AF0191
Scheduled departure date: 19 February 2024
Scheduled departure time: 01h55
Scheduled arrival time: 19 February 2024 08h40
Departing from: Bengaluru-Bengaluru International Airport (BLR) India
Arriving at: Paris-Paris-Charles de Gaulle airport (CDG) France
Actual departure time: 19 February 2024 01h56
Actual arrival time: 19 February 2024 09h00AF1164 0950 dep
Was CDG-BHX on the same ticket (PNR) as BLR-CDG? At the beginning of your email to AF you state arrival airport CDG and provide only one flight number. In your communication you have to be very precise…
Hi
That’s right. All flights were on the same PNR.
Can I explore what you think will happen once you go to MCOL and, say, win. But AF ignore the judgement. How will you enforce judgement against a company based in France with limited, if any, UK assets?
See the hundreds of CCJs Wizzair (a UK-based PLC) was happy to ignore for years and there was nothing bailiffs could do. It became such a big issue the CAA eventually got involved and threatened to pull their UK Operating Licence, but that would not really happen here.
You can enforce a judgment from the UK in France as UK has now ratified Hague Convention.
Regarding Wizz Air, bailiffs actually almost impounded one of their aircrafts at Luton because they ignored a judgment, but then when bailiffs came they paid up. So it’s not true that you can’t do anything, but most people just don’t have the means or knowledge to continue with the legal procedure.
@Flying Doctor Your email could be better laid out. At the moment it looks confusing for someone who has maybe 1-2 minutes to read it. You arrived late to London/Birmingham because of delay of previous flight and you should make sure this is the main point. Now it looks like your main point is that you arrived late to Paris.
You should also use UK law designations that is
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019You can enforce a judgment from the UK in France as UK has now ratified Hague Convention.
Regarding Wizz Air, bailiffs actually almost impounded one of their aircrafts at Luton because they ignored a judgment, but then when bailiffs came they paid up. So it’s not true that you can’t do anything, but most people just don’t have the means or knowledge to continue with the legal procedure.
Imagine you’re referring to the Wizzair case that was widely reported where the guy eventually got his £4.5k. At the height of the scandal there were about 1,600 outstanding CCJs against them. Virtually all bailiffs would leave Luton empty-handed – it’s actually super difficult to impound a lessor-owned aircraft that’s airside.
Unless AF decide to play ball the OP will find it incredibly difficult to get his money back.
Hi
I have reached out three times, twice via their website and once via Resolver. There is only an option to enter one flight number in the drop down menu on their website.
However, it’s clear in their response back that they know I missed the connection due to late arrival of the BLR-CDG flight.
OP always has an option to sue in France which might be easier.
Would escalating to aviation ADR be recommended compared to MCOL?
That’s certainly where I would start!
Nope, I’d say best in UK.
There is a way to do it in France but access to justice seems much harder there for normal people than in the UK.
I would guess Air France has some sort of office in the UK at premises where equipment like pc’s, comms equipment and furniture could be seized – I doubt it’s all airside in their case. So again, enforcement in UK could be easier if you are UK based. Remember that if you do get judgment and need to send the bailiffs in to enforce it – the first amount the bailiffs collect is their own costs 🙂 as well as the value of your judgment.
Thanks all. I will probably try ADR first, simpler but long wait for any type of action by the looks of it.
- You must be logged in to reply to this topic.
Popular articles this week:
