Why you need to work with claim companies in seeking Baggage compensation from airlines
After being ordered by the EUCJ to pay out compensations most of the Airlines still openly contest the recent EU legislation and have even refused to do so. They can get away with this because they assume that individual passengers are likely to avoid the hassle of challenging a rejection in court.
What most of the airlines will usually us is the “extraordinary circumstances” provision. But what does “extraordinary circumstances” really mean?
Extraordinary circumstances are caused by events that the airline can’t control or to simply put it, which are not their fault. Some of these circumstances can include extreme weather conditions, political unrest, and employee strikes.
However, extraordinary circumstances do not remove the duty of care from the Airlines. By the regulations, they are to provide care and assistance until the situation is resolved.
If your flight has been delayed the Airlines must provide you with accommodation, meals and refreshments and transport between the airport and accommodation. It is that simple. If they do not provide you with this kind of assistance, depending on the situation, they are breaking the rules, and they know it.
Anyhow, if your airline turns down your claim for Baggage compensation with the excuse of extraordinary circumstances, know that you can challenge this. You should start by simply explaining to them why this is not the case and explain that you will take the matter up with the Civil Aviation Authority if it is not settled properly. (Not that it will have much effect, but you should try).
The most common example by which many airlines are still trying to wriggle out of paying out is claiming technical faults as extraordinary circumstances.
The regulation gives no definition of exactly what extraordinary circumstances are, but is clearly states that those are circumstances which could not have been avoided even if all reasonable measures had been taken’.
This means that you can challenge the technical faults defence on the basis that an airline should have done the proper maintenance of the plains and equipment, and should have contingency plans in case something like this goes wrong.
You should always challenge your airline to explain exactly why these circumstances could not have been reasonably avoided. Now the ball is in their court.
Regulation (EC) 261 does not set a time limit on how far back claims can go, instead stating that this should be determined by the laws in respective EU countries.
Some airlines have used this as a legal loophole to avoid paying out compensations. There is the case of a Monarch passenger who found the airline was delaying their claim while it waited for a court ruling. It is needless to say that this ruling was in the passengers’ favour. When he tried to claim, he was told that he was out of the six years. (This is the statute of limitations in the UK)
The passenger tried to fight this on a simple basis that it was Monarch that delayed things and not him. The response he got was that despite having been in touch regularly over the years, as he had not made a court claim within the past six years he was outside the allotted time period.
This example shows why it is not wise to go against airlines and their legal teams all alone. Do not play Don Kihote, he lost, so might you. You should hire professional giant killers, or in this case a claim company to help you in getting your due compensation. One of the companies with best results can be found at www.claimflights.com or at www.claimflights.co.uk .
Contact them and see if you are eligible for compensation, do not let the Airlines fool you and trick you out of your due Baggage compensation. Everything might go just smoothly and there will be no need for the court case, and the highly skilled professionals at www.claimflights.com and www.claimflights.co.uk can make sure that your claim is formed in such manner that it gets the best response possible.