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Air Passenger Rights: - European Commission - Europa

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there were additional expenses for car parking in<br />

Salzburg for an extra day and for an evening meal.<br />

Even after the case was referred to the Irish ECC,<br />

the air carrier refused to refund the sum claimed,<br />

stating that under its contract terms and conditions<br />

the consumer wasn’t entitled to compensation as<br />

the airline was a “point to point” airline and<br />

therefore did not accept any liability for lack of<br />

connections to another flight.<br />

There are also a number of cases where the delay<br />

in one flight means that a subsequent connection<br />

is missed with all the additional inconvenience<br />

and expense that that can involve. The first air<br />

carrier has responsibilities under the Regulation<br />

261/2004 as noted above in terms of provision of<br />

refreshments and possibly hotel accommodation;<br />

but a claim for the additional expenses would<br />

have to be under the Montreal Convention, and<br />

this can be extremely complex, with success<br />

being difficult to achieve.<br />

5.8 <strong>Air</strong> carrier’s handling of<br />

complaints<br />

Outside of complaints about specific pieces of<br />

legislation, the ECC Net also receives complaints<br />

from passengers concerning air carriers’ general<br />

complaint handling process.<br />

An item which appears regularly in ECC in-boxes<br />

relates to the time it takes an airline to deal with<br />

complaints, which consumers feel is unreasonably<br />

long.<br />

A German passenger flying with a UK low cost<br />

carrier in April had an item of luggage damaged.<br />

He made a claim and was told by the carrier that<br />

he would receive reimbursement for the damage<br />

in May. The UK ECC was contacted in December,<br />

as payment had still not been made. The ECC went<br />

on to write four times to the carrier over the period<br />

from December to March of the following year,<br />

without receiving a response. In the end the client<br />

gave up on his claim.<br />

Several ECCs commented that they believe such<br />

delays actually form part of the airlines’ customer<br />

service procedure, in the hope that many passengers<br />

will just give up their claim.<br />

For many passengers the first hurdle can be<br />

establishing just how to complain and to whom.<br />

With many carriers the customer service information<br />

given on web sites is poor to non-existent. There may<br />

only be the option of an email feedback form, which<br />

can be very frustrating – especially for passengers<br />

whose first language is not the one used by the<br />

website. Other air carriers give a phone number for<br />

customer queries, but these can be charged at<br />

premium rates and so involve a passenger in<br />

additional expense when trying to take up a<br />

legitimate complaint or query.<br />

31

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