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Carrier
10th Nov 2018, 15:42
SATA Air Azores is stonewalling over paying compensation for substantial delays and replacement clothing. It apparently exempts itself from EU laws and regulations.

Our flights between Calgary and Lisbon were substantially delayed in both directions. In addition our bags, and those of at least two dozen other pax, failed to arrive in Lisbon. We had to buy replacement clothes as we had no idea what had happened to the bags. We later learnt that all the bags from four ontime WestJet connecting flights had been left behind in Toronto by SATA even though the SATA Air Azores filght iteslf departed Toronto two hours late. The bags did arrive two days later. SATA has also refused to refund the cost of the replacement clothes we had to buy.

An editor has suggested that I see if flightcompensation.com will help. The problem is their website does not provide an email address to contact them. Online forms are not an acceptable substitute for an email address. This omission gives a poor impression. Is flightcompensation.com a credible operation? If so, what is its email address or the name and email address of its CEO?

Is there any effective EU authority to ensure that EU laws and regulations are complied with by crooked airlines such as SATA Air Azores? What do various EU and national aviation authorities actually do for their taxpayer funded remuneration? Why should victims have to depend on private sector operations such as flightcompensation.com?

If flightcompensation.com is not credible, are their other compensation operations that will take this on?

We will appreciate your advice on how to obtain the compensation that is due to us under EU laws and regulations.

zed3
11th Nov 2018, 11:24
Carrier, you could try Bott & Co in The UK, who do delayed flight compensation, they delivered the goods for us earlier this year.
The website is www.bottonline.co.uk and there is a phone number at the bottom end of the site where you can make contact and ask what they can do for you. They would be able to point you in the right direction, if unable to help, one would think.
Worth a try. Good luck.

diamantaire
11th Nov 2018, 12:36
Hi this is the website of the eu , hope this helps


https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

Saintsman
12th Nov 2018, 14:38
I suspect that going down that rout will take up a large part of any compensation.

A letter to the Spanish DGAC and the UK CAA would be my first course of action (Letting them know that you are doing it first and giving them the chance of paying up before it got messy).

mikemmb
12th Nov 2018, 14:58
You could try “Resolver” as a starting point for free guidance & doc templates, then “Bott” if you need to get heavier (they take a % on a no win no fee basis but better than giving up!)

Carrier
13th Nov 2018, 00:56
Thanks for the various suggestions. An email to Bott & Co received the following reply:

"Although under the EU regulation you can bring a claim if your flight was delayed or cancelled leaving the EU or coming back in to the EU with an EU airline, unfortunately as a company we have limited jurisdiction, and so we can only assist with claims for flight that are leaving England or Wales or coming back in to England or Wales with an English or Welsh carrier and that is why we would not be able to assist with your matter.
You will have to contact a firm that deals with this area of law that is based in Portugal.
I regret that we cannot be of further assistance."

I am not sure if that is a cop out. Whatever happened to the EU's single market policy? Under this a UK firm such as Bott & Co should have no difficulty operating elsewhere in the EU. Will they not even help where Scotland and Northern Ireland are involved? Is the UK still one country?

As British expats temporarily in Canada we are disappointed but not entirely surprised. Both the UK government and the private sector have a track record of ignoring, refusing to help or even abusing British expats. eg unindexed old age pensions, crooked UK bailout banks such as NatWest unilaterally closing accounts and witholding the money (Theft!), British banks refusing to open new accounts for British expats, taxpayer-funded CAA refusal to help and now private sector refusal to act on flight delay compensation.

Expats should not waste their time asking for help from UK flight delay operations. I shall have to try elsewhere.

Again thanks for the suggestions. I am sure these were made in good faith and other PPRuNers will be disappointed to see the response.

Porky Speedpig
13th Nov 2018, 10:45
Thanks for the various suggestions. An email to Bott & Co received the following reply:

"Although under the EU regulation you can bring a claim if your flight was delayed or cancelled leaving the EU or coming back in to the EU with an EU airline, unfortunately as a company we have limited jurisdiction, and so we can only assist with claims for flight that are leaving England or Wales or coming back in to England or Wales with an English or Welsh carrier and that is why we would not be able to assist with your matter.
You will have to contact a firm that deals with this area of law that is based in Portugal.
I regret that we cannot be of further assistance."

I am not sure if that is a cop out. Whatever happened to the EU's single market policy? Under this a UK firm such as Bott & Co should have no difficulty operating elsewhere in the EU. Will they not even help where Scotland and Northern Ireland are involved? Is the UK still one country?

As British expats temporarily in Canada we are disappointed but not entirely surprised. Both the UK government and the private sector have a track record of ignoring, refusing to help or even abusing British expats. eg unindexed old age pensions, crooked UK bailout banks such as NatWest unilaterally closing accounts and witholding the money (Theft!), British banks refusing to open new accounts for British expats, taxpayer-funded CAA refusal to help and now private sector refusal to act on flight delay compensation.

Expats should not waste their time asking for help from UK flight delay operations. I shall have to try elsewhere.

Again thanks for the suggestions. I am sure these were made in good faith and other PPRuNers will be disappointed to see the response.

EU261 is a pan European regulation but enforcement is delegated to National Enforcement Bodies (NEBs) and is interpreted in different ways in each of the member states.
I see your point about the "Single Market" but think you will find that in many of the "professions" it is necessary to have national qualifications and accreditation. For example, try buying a French property without employing a local Notaire (or even using an English ski instructor on a French slope!).

Ancient Observer
13th Nov 2018, 13:13
The European lawyers have no intention of letting the nasty Brits in to their patch, unless it is a multi-billion job, when there is excess loot to be had.

Carrier
13th Dec 2018, 02:34
Would somebody kindly post the name of a Portuguese equivalent of Bott & Co and flightcompensation.com. It seems I will have to try a lawyer or flight compensation firm based in Portugal.

DaveReidUK
13th Dec 2018, 07:47
An editor has suggested that I see if flightcompensation.com will help. The problem is their website does not provide an email address to contact them. Online forms are not an acceptable substitute for an email address. This omission gives a poor impression. Is flightcompensation.com a credible operation? If so, what is its email address or the name and email address of its CEO?

Why not just ring them and ask? The phone number is on the website.

DaveReidUK
13th Dec 2018, 12:37
Carrier, you could try Bott & Co in the UK, who do delayed flight compensation, they delivered the goods for us earlier this year.

Flightcompensation.com is a marketing brand of Bott & Co.

Flap40
13th Dec 2018, 16:28
SATA Air Azores is stonewalling over paying compensation for substantial delays and replacement clothing. It apparently exempts itself from EU laws and regulations.

Our flights between Calgary and Lisbon were substantially delayed in both directions. In addition our bags, and those of at least two dozen other pax, failed to arrive in Lisbon. <snip>

EU261 purely relates to flight delays and cancellations. You say that the flights were delayed in both directions. By how much? I note that you later say that the first flight left Toronto 2 hrs late but it is the arrival time that matters (actually the time that the first passenger door is opened).

This give advice on what you can claim for lost/delayed baggage (Note that this is UK advice. Portugal could be different). https://www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/get-airline-compensation-for-lost-or-delayed-luggage/

RevMan2
14th Dec 2018, 00:02
Do you have something like a small claims court in Portugal? Defendants tend not to challenge submissions in cases like this and you'll win by default.

India Four Two
14th Dec 2018, 04:00
Carrier,

You mentioned Westjet. Did you have a through-ticket with both airlines? If so, you can make a claim against Westjet. See this recent ruling:
https://www.cbc.ca/news/canada/nova-scotia/westjet-must-take-more-responsibility-for-lost-bags-cta-rules-1.2844612