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Forums Other Flight changes and cancellations help Wizz wriggling out of compensation due – appeal advice?

  • Travel Strong 323 posts

    Deary me – on my claim for refreshments on a 4hr flight delay, Wizz Air have rejected my huge claim of 31.60 EUR because … we bought the burger king meals just before the original flight time! Given the knowledge we were in for a long wait, it never occurred to me I’d have to wait 20 mins to ensure refreshment reimbursement (and had I known, I still would not have waited, tbh!)

    Anyway – I don’t much care about that… much more concerned about the 2 x 400EUR compensation:

    My seperate compensation claim has also been rejected because the flight
    “was delayed/cancelled as a result of technical reasons which fall into the category of Extraordinary Circumstances therefore, we regret to inform you that no compensation is due.

    Please be informed that if you are dissatisfied with the solution, you can send a complaint to the Online Dispute Resolution (ODR) platform. More information is available at
    http://ec.europa.eu/consumers/

    It was a technical issue with the originally scheduled aircraft according to the pilot, running late all day, then they swapped in another aircraft judging from flightradar.

    So I believe the Extraordinary Circumstances to be a lie and wish to appeal.

    Is there any reason to not use this ODR route?
    Should I be directing my appeal anywhere else?
    I’m cautious of blindly following the Wizz instructions on appeal process!

    PeteM 800 posts

    I think your proposed approach is sensible.

    yonasl 987 posts

    With Wizzair I have in the past used https://www.aviationadr.org.uk/ when they wouldn’t pay back hotel costs after a cancellation and rebooking on next day flight (flight from Luton).

    They eventually paid back but it took like 18 months to get an answer.

    Even if there was a technical issue that wouldn’t be an exceptional circumstance. Even emergency technical issues are not exceptional.

    Remember they have to detail the issue and explain why it is exceptional.

    Good luck!

    AJA 1,156 posts

    I think you have the right to go directly to MCOL rather than accept going via ODR. Wizz are particularly bad for paying out UK261 obligations.

    As for the food bill I think that is particularly petty of Wizz. Article 9 doesn’t make reference to when the refreshments should be offered only that they be offered in accordance with article 6 which states they be offered “When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure”. Therefore the fact that you purchased refreshments just before the original scheduled flight time is irrelevant. I’d push back stating that it was clear the original flight time wasn’t happening If it was you’d have been on board the aircraft at the time you purchased your meals. And it is the actual delay that you suffered that determines whether refreshments per Article 9 should have been offered. Therefore a 4 hour delay you actually suffered means that you should be reimbursed.

    Were you offered refreshments at all during the 4 hour delay? If not I’d state that as well.

    JDB 4,853 posts

    You will need to escalate to Aviation ADR or MCOL for Wizz to provide proof of its ‘extraordinary circumstances’ defence. The risk with MCOL is that the outcome is binary, so if Wizz were successful in its defence, you would lose the £70 issue fee + £85 hearing fee. Contrary to an earlier post, plenty of technical faults get allowed as ‘extraordinary circumstances’ particularly when in the hands of artful dodgers like Wizz. So Aviation ADR may be the better/safer bet.

    It is quite possible that Wizz won’t pay up after MCOL/ADR but that shouldn’t ultimately be an issue. Whatever you do, don’t follow the EU/ODR that may prove unenforceable even if you win.

    JDB 4,853 posts

    If you do decide to go to MCOL, don’t use terms like lying in your Particulars or submissions! It will not help your case.

    Wizz says ‘extraordinary circumstances’ pertained, you say they did not and it is a subjective issue as to whether the threshold was met.

    yonasl 987 posts

    Technical faults are RARELLY “extraordinary” as they are part of the normal business operation of running an airline. If you get a call from Boeing telling you to ground your whole 737 fleet because of a new defect that is quite extraordinary, but if some piece of equipment needs replacing (even due to an “emergency” because you are already in the air or for safety reasons) that is NOT extraordinary. Unexpected, maybe, inconvenient, of course, but not “extraordinary” as it is not something you would have never planned ahead for.

    points_worrier 304 posts

    Go to ODR. Detail your costs and the compensation separately.
    They will very probably lose the costs, as its reasonable to anticipate required nutritional requirements based on when you were told the flight was delayed, rather than waiting to see if that delay notice was actually correct.
    You might win the compensation. There are several good websites that list judgements (prior to Brexit) that say technical issues are unlikely to be extraordinary. List these, and it will be up to Wizz to prove otherwise. Very little risk to you, and you may well end up winning. Wizz may simply end up paying as they were just pushing it and hoping you would drop your claim.

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