Meu vôo de Oslo para Roma foi atrasado por horas 4 e minutos 40. Enviei uma solicitação à Norwegian Air Shuttle solicitando uma compensação de 400 Euros sob a EU 261 / 2004.
Seu raciocínio sobre o motivo pelo qual eles não podem conceder compensação é que, apesar de terem que inspecionar a aeronave quanto a falhas técnicas, na verdade não houve falhas. Então, eles argumentam que nessa situação eles tinham que inspecionar a aeronave, mas na verdade não havia nada de errado com ela constitui circunstâncias excepcionais.
Questão
Nas minhas queixas ao Órgão norueguês de reclamações de viagens e na Resolução de disputas on-line da UE, como devo argumentar mais eficazmente contra essa lógica? Eles estão certos de que essa "inspeção que não encontrou nada" constitui circunstâncias excepcionais?
Texto completo de e-mail de recusa
O texto completo (ênfase minha) da resposta da companhia aérea (traduzido automaticamente do dinamarquês original):
Flight disruption information
Norwegian flight: DY1874 (OSL-FCO) 23.06.2019
Delay time: 4 hours and 40 minutes
Reason for disruption: This flight was delayed due to an inspection of the aircraft following a possible technical fault. During inspection, no technical defect was found. The aircraft was then released for operation without the need to replace any components.
Unfortunately, we are unable to meet your claim for compensation as this departure was delayed due to exceptional circumstances. In some cases, the passenger will be entitled to compensation when the irregularity is due to a technical error. This is in accordance with the judgment in C-257/14 van der Lans, where a technical error which results in the replacement of a component can be considered to be within the airline's control and thus give the right to compensation. In this case, there was no technical fault and no components were replaced. The Van der Lans decision is therefore not applicable and unfortunately we cannot meet your claim for compensation. In this case, we will reimburse the following expenses applied for:
- food: NOK 418,
Unfortunately, we are unable to meet the request for reimbursement of all costs as we are not responsible for these. For further information, please see below *.
In order to process your claim, we need the following information to make a bank transfer:
• Name of the bank • Name and address of the account holder • Account number
This information can be sent by replying to this email. If you do not have this information, please contact your bank.
The case will be finalized as soon as we have received all the necessary information.
With best regards, Karina The Customer Relations Team
- Basis for decision
In the event of a cancellation or delay, we will always provide assistance (eg accommodation, meals, telephone calls and transport) according to EU Regulation 261/2004. In the event that a passenger incurs such costs, in the event of a delay or cancellation, we will reimburse within reasonable limits if such costs were deemed necessary and specified receipt can be presented. We cannot reimburse these costs if the passenger does not allow us to offer this kind of assistance or if the costs arose as a result of lost connection with Norweigan, in a separate booking number, or if the alternative departures offered to the passenger , was not appropriate. The Norwegian ticket will only be refunded if the flight is canceled or the delay is over 5 hours and the passenger chooses not to travel. If the passenger is entitled to reimbursement of the new ticket (with Norwegian or with another company), we will only reimburse the cost of the new ticket or the price difference between the new ticket and the ticket with Norwegian if the Norwegian ticket is refunded.
Additional costs not directly linked to the service regulated by EU Regulation 261/2004 will only be reimbursed if the reason for the delay or cancellation is within our control. If we believe that the passenger has not done enough to ensure that the pre-booked arrangements can be completed (eg relocations, accommodation, events, etc.), we will not be able to cover these costs even if the delay or cancellation is within our control . Likewise, we cannot cover consequential non-documented damages, expenses that would have arisen independently of the irregularity, or unnecessary legal assistance to determine such claims. Under the Montreal Convention and the decision of the Norwegian Aviation Complaints Board in case number 1222 / 14F, the same conditions apply to reimbursement of consequential damages, provided that the airline has made every effort to avoid the technical problems that caused the delay or cancellation of the flight. Under Article 12 of the EU Regulation 261/2004, additional costs that are not directly related to the service regulated by the regulation may be deducted from standard compensation. For more information about your rights, visit www.norwegian.com/rights.Disruption type: Delayed