SkyEurope's refusal to comply with European regulation

[The_Dutchman]

In this topic New E.U. regulation + compensation for me? I enquired on this forum about the right I had as a passenger when my flight was cancelled. I didn't name the company in the original post since till then I was a very happy frequent customer of this company. After several emails and phonecalls, it was clear that they were not going to pay compensation, on the basis of some very dodgy arguments. I didn't like it, but I accepted it.

After this not too posive experience with skyeurope airlines another flight which I had booked was cancelled (and all the other flight on different dates on the same route), I was informed 7 weeks in advance and according to E.U. regulation I am entitled to rerouting to my final destination (http://europa.eu.int/scadplus/leg/en/lvb/l24173.htm). It took me over 2 weeks, many phonecalls, over 8 e-mails to receive a response from SkyEurope.

The response of Skyeurope

As you have mentioned, under the provision of the the new EC regulation, we can offer to passengers re-routing under comparable transport conditions, to their final destination, at the earliest opportunity.
Therefore, we are not able to satisfy your request to re-route you flights with KLM or LOT, in this case as your flight tickets have been paid in special offered price 1 SKK.

WHen you read the answer, you can see that this answer doesn't make sense. what does "comparable transport condition" have to do with which price I paid for a ticket. It just a very bad excuse not to reroute me. After calling the customer service and demanding (in a friendly way) to speak the manager which wrote me this reply I was disconnected (this happenend multiple times). The customer service of Skyeurope sucks.


I do not know anymore what to do to get what I am entitled to.... I filed a complaint at the relevant National Enforcement body, but they don't judge, but just "register" and the whole procedure takes almost 9 weeks, and i was supposed to fly in in 4 weeks.


The reason i post this here, is partly name and shame, but also wondering what passengers actually can and should do when airlines just refuse to deliver what they are required to deliver by law,


The Dutchman


edit: btw, I know 2 other person who have the same problem with skyeurope, it is not just in my case that skyeurope acts in this way

[Sentike]

I can't help you..., but also i will take my conclusions.... (I've travelled with sky a few times before...)

[snowbird]

Dutchman

Maybe I can help you, but first i need an answer on the flwng questions:

- When did you buy your ticket
- Did you buy your ticket on their website (was the fare you paid for everyone available?)
- When was the flight?
- When was the flight cancelled?
- When did you hear from the cancellation?

thks

[The_Dutchman]

@Snowbird:



- When did you buy your ticket

30th of December 2004

- Did you buy your ticket on their website (was the fare you paid for everyone available?)

Yes, bought it on their website and was available to everyone


- When was the flight?

Flight was supposed to be 22-04-2005 and return 04-05-2005 From amsterdam to warsaw

- When was the flight cancelled?

I was aware that there was a problem in the end of February (I think I saw it on luchtzak or the skyeurope website (there is message on the skyeurope website on the 23th of February)). An email about the cancellation was send to me on the first of March


- When did you hear from the cancellation?

I was aware that there was a problem in the end of February (I think I saw it on luchtzak or the skyeurope website (there is message on the skyeurope website on the 23th of February)). An email about the cancellation was send to me on the first of March


Thanks

[Dude320]

Hi,

I prefer CRL --> WAW with Wizz.

Didn t had any problems yet.

There is promo now, so maybe you can book yr return to CRL ?

[brakes_78]

The reason i post this here, is partly name and shame, but also wondering what passengers actually can and should do when airlines just refuse to deliver what they are required to deliver by law,

You are right. The airlines wether normal or LCC should be made accountable.

Cheap advertising and hitting each other below the belt is not the need of the day. It requires deliverance.

Thank you for sharing with us Dutchman.

[snowbird]

Thanks dutchman

I am sorry to let you know the following:

- cancellation by Skyeurope is made more than 14 days ina dvance
- the cancellation message you received was on Mrach 1st.
- this means that sky europe has to return only the fare plus the taxes, nothing more

If the cancellation was made within two weeks before flightdate, than Sky europa had to offer you antoher flight or finacial compensation as stated the new eu law

[The_Dutchman]

Thanks dutchman

I am sorry to let you know the following:

- cancellation by Skyeurope is made more than 14 days ina dvance
- the cancellation message you received was on Mrach 1st.
- this means that sky europe has to return only the fare plus the taxes, nothing more

If the cancellation was made within two weeks before flightdate, than Sky europa had to offer you antoher flight or finacial compensation as stated the new eu law

No this is not true... the 2 weeks rule only concerns compensation, not re-reouting.

In article 5 it states

Article 5

Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance
with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of rerouting when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled
time of departure and to reach their final destination less than four hours after the scheduled time of arrival;
or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

SO based on article 5 (Cancelation) you are entitled to article 8 (5.1a) (Reimbursement or rerouting), article 9 (5.1b) (Care) and entitled to article 7 (5.1c)(compensation) under certain conditions (for example this two week rule)



Then when you look at article 8 (and notice that there are no time-conditions (like this 2 week period) in article 5 when they send you to article 8).


Article 8

Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

SO You have a choiche between a, b and c . I told them I opted for choiche b.



Snowbird, I am just wondering if you maybe also have had your ticket cancelled, cause what you tell me, is exactly what the told me when I called them, but since I had had problems with cancellation before, I almost knew the regulation by heart

This is another thing which makes me mad.... I did know what my rights were... I read to the customer service the articles I just quoted... and they still denied that I was right (even after he talked to a supervisor).. the just lied in my face.... they told me to send an email.... and then just refused to reply to this email, even though I send many reminders

[Sentike]

Hi,

I prefer CRL --> WAW with Wizz.

Didn t had any problems yet.

There is promo now, so maybe you can book yr return to CRL ?

Promo of 98 € is only for return flights....

@dutchman: do you have the financial possibilities of taking this to court? I think there's no other way...

[The_Dutchman]

I still hope, although not expect to be re-routed.... I bought a return on germanwings yesterday for 70 euro's but thanks for the advise

@sentike: I thought going to court for a relative small amount is not wise... since the costs are high (even if you win) (not totally sure).... but actually i am so mad that i would like to it.....

[sn26567]

Option (b) (re-routing at earliest opportunity under comparable transport conditions) does not say it must be the same day! Comparable transport conditions can also mean high-density seating and no-frills, excluding LOT and KLM.

It is my impression that skyeurope are right in their boots.

[The_Dutchman]

Option (b) (re-routing at earliest opportunity under comparable transport conditions) does not say it must be the same day! Comparable transport conditions can also mean high-density seating and no-frills, excluding LOT and KLM.

It is my impression that skyeurope are right in their boots.

1st of all, it does say the same day----> at the earliest opportunity

2nd of all, If the can not find another company which offers exactly the same service as they do, than that is not my problem. + comparable does not mean exactly the same


3rd of all, just to summarise: according to http://europa.eu.int/comm/transport/air ... ter_en.pdf a poster made by the european union to inform the public about their rights, i am entitled to

Cancellation
Whenever your flight is cancelled, the operating airline must give you:
• a choice of either a refund of your ticket (with a free flight back to your
initial point of departure, when relevant) or alternative transport to your
final destination, and