A question about : Wizz Air
Hi,
Apologies if there is a Wizz air thread, I can't find it. Also apologies if there are readily available answers to my questions. I've read through what I can but am unsure of next step.
I put in a compensation claim to Wizz air in November (after the appeal was thrown out of course). They refused it due to the following basis:
Thank you for your reply.
I would like to explain that delay was caused by sudden technical failure. To operate without repair would consist a safety hazard, and safety must always come first, even before punctuality. The damage was found during flight operations and not during a regular maintenance rending it impossible to depart on time. Please kindly note that we tried our best to operate our flights with causing minimum damage to our passengers, we believe the fault could not have been predictable and this flight delay was absolutely outside of our control.
Please note that according to the decision of Judgment of the Court of Justice in Case C-549/07, technical problems are regarded as vis maior to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. In such cases compensation may be refused.
An air carrier is not however obliged to pay that compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
As for the reports you have requested and category of extraordinary circumstances - let me inform you that they are considered classified due to commercial reasons, and consequently we will not be able to provide those documents for you. We will gladly provide all the documentation regarding the delay of your flight to relevant authorities if needed.
In the light of the above, we maintain our standpoint that no compensation is due. The decision of Wizz Air was based on the facts and in accordance with the above mentioned regulations.
Thank you for your time and understanding.
Since this refusal I have written to the CAA who said they will look at my case. I have since written to them two more times enquiring on timescales and have no response.
I have a couple of questions:
1. Do they have an argument in denying the case?
2. What are my best options now given the delay in reply from CAA. Is court the best option?
Thanks in advance for response.
Best answers:
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