01 Dec 2016

A question about : Volcanic Ash Cloud

Hi all,

I've just joined the forum so apologies if I have missed an appropriate existing thread.

Last year my family (4) were stuck in Austria because of the volcanic ash chaos. We flew with Austrian Airlines booking directly on its website.

9+ months later and 4 letters responded to, Austrian is sticking with its original stance: they have no obligation to pay any compensation but as a gesture they will refund hotel and food costs for the first two days (equivalent to Ј342) rather than the total cost of Ј1,000.

So far I have said I will only accept this offer on the basis that it does not absolve the company from the obligation to pay the full amount under Articles 9 of Regulation (EC) 261/2004. They have not paid. I have sent them letters with suggested text referring to the company's obligations under the regulations.

I am wondering about other people's knowledge of the situation, my rights, Austrian Airlines stance in particular (has anyone else contacted them) and whether I can escalate my demands through a different process or organisation?

Thanks in advance
Graeme

Best answers:

  • Thanks Cityboy. I will trawl over the thread history.
    Austrian Airlines has always pointed me towards its Vienna office and my original flight booking was made through its .com domain. Do you know in such circumstances if I can pursue from the UK county court or MCOL? Since I live in UK, can the UK courts and processes be utilised or would my pursuit need to go through the Austrian equivalent (again, sorry if this is covered in thread, I need to go through it properly).
    Best, Graeme
  • Perfect. Thanks Cityboy. I shall start my pursuit.
  • Hi graysterh,
    Have you pointed Austrian Airlines in this direction?
    Good luck, *j*
    https://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/10/283&for...
    What if they tell me I have no rights in these "exceptional circumstances"?
    Under EU law your EU passenger rights do apply even in these exceptional circumstances. The only part that does not apply is the additional financial compensation (extra money to compensate you for your inconvenience).
  • Hi All,
    I sent a letter to Austrian Airlines at the end of January advising that I would be pursuing the matter in UK Small Claims Court. Today, I have received an email confirming they have made an 'exceptional' decision to reimburse all hotel accomodation, meals and refreshments for my entire 6 day unplanned stay in Austria. It seems another airline wants to avoid precendent being set. Thanks to Cityboy and *J* for the advice.
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