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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6498
Experience:  Senior Associate Solicitor
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Airline recently cancelled flights of my wife and three

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Hi, airline recently cancelled flights of my wife and three young kids. the flight was late at night and as it took a long time for ground stuff to sort things out the kids were forced to sleep on the floor. Once at the hotel, they were given separate rooms forcing 2 of the kids (9 and 12) to be alone. Given experience that night, she cried almost all night, my wife couldnt sleep, etc. In the morning they were told next available flight will be in 1 week so I went and bought alternative travel. I asked airline to compensate additional costs but they are refusing. What should do next? Clearly had they provided both better care for my family and easier alternative travel, I wouldn't have been forced to buy the new tickets on my own. Thanks
Assistant: Because traffic laws vary from place to place, can you tell me where this is?
Customer: European Union (Italy to Bulgaria)
Assistant: What steps have you taken so far?
Customer: I have written to the airline, explaining what happened. They are refusing the provide compensation
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

What is the loss you want to claim from the airline please? How much?

Customer: replied 5 days ago.
The loss that I claim is the additional cost of the travel between what I paid to complete the journey and their refund. It comes out to c eur 486 per passenger less cost of original ticket EUR 158 so net EUR 328.
Customer: replied 5 days ago.
I compiled a list of available options and this was the cheapest at the time.

OK, thanks. You can sue them for the e328 under EU consumer law.

You should send the airline a letter before action to say that you believe your consumer rights have been infringed and that you demand repayment of the further payment within 14 days, failing which you will lodge a small claim at the county court business centre (which then gets sent to the airline's head office address).

You can use the European Small Claims procedure in order to claim. This allows for cross border claims of up to 5,000 euro in value. Assuming they do not respond or they do and refuse to pay, you need to fill in the attached Form A and attach any evidence you wish to rely upon to your local civil court.

The form asks for your bank details and the 25 euro issue fee will be deducted but added to your claim sum.

The court will then serve the form on the airline who then has 30 days to respond. The court will consider the response and give judgment on the claim (or if further details are required the court will write to either party). They may hold an oral hearing (by telephone if the court has the facilities - which most do) but with the facts of this case it is unlikely as it should be capable of being dealt with on paper. If you win you get a certificate against the airline which means they must pay your claim.

With the letter before action, you can email it to the airline and include your bank details so they can pay you (ensure you give them the IBAN and BIC code, name of your account and name of the bank).

The European small claims procedure is a very efficient and quick way to obtain a court judgment so I encourage you to pursue it.

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 5 days ago.
This is very helpful. One more question- isn't there also some violation of human rights by forcing my small kids to sleep in a hotel all alone?

I'm not a human rights lawyer unfortunately so that would need to be a question for someone else. But if I have answered the question regarding pursuing the airline then if you could kindly rate the answer, that would be much appreciated.

Have a good day

JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Done. Will leave a more detailed feedback later as reay impressed with this service. Many thanks!

That's very kind and thank you very much for the question (and for using Just Answer for your needs).