Norwegian/Hi Fly and EU 261/2004 compensation

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Sep 12, 2018
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#1
Hey folks, I'm new to the forum and hoping for some help with a Norwegian Airlines compensation issue.

My Norwegian flight DY7060 (MCO-CDG) on 27.03.2018 was cancelled. The airline stated "This cancellation was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to technical difficulties."

The airline rebooked me to a new flight DY7960 on 28.03.2018 (the next day) with a different operating carrier, Hi Fly. This rebooked flight was subsequently delayed by over 10 hours from its scheduled arrival time. The declared reason for this delay was "mandatory crew rest".

Norwegian agreed to provide 600 euros compensation for the cancellation of DY7060, plus hotel and food expenses, under EU 261/2004. That compensation was paid on 28.05.2018.

However, the rebooked flight, DY7960, operated by Hi Fly, was itself delayed by over 10 hours from its scheduled arrival. I believe the delay of DY7960 also qualifies for compensation under EU 261/2004. (Mandatory crew rest does not qualify for exemption from compensation as "extraordinary circumstances", since the crew rest requirement should have been taken into account when they scheduled the new flight. I suspect "mandatory crew rest" is standing in for some other explanation.)

I requested 600 euros compensation from Norwegian for DY7960, which they denied on the grounds that it was the same flight as DY7060, just under a different flight number, and did not qualify for further compensation. I do not agree that it was the same flight since the first flight was openly cancelled and DY7960 was a rebooked flight operated by a different carrier with a different aircraft on a different date.

I attempted to contact the French civil aviation authority (DGAC) to request an investigation, but I was not able to follow through due to the bureaucracy and language barrier. I still believe this compensation is warranted and would like to hear what you all think and recommend.
 
Last edited:

Neil Maley

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Advocate
Dec 27, 2014
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#2
For the rebooked flight - how many hours was it supposed to leave after your cancelled flight? For instance, if your canceled flight was to leave at 10 AM on 3/27, what time was the flight supposed to leave on the 28th and what time did it actually leave?

I've read the regulation and it isn't clear if the second flight is considered applicable.

You can file a claim for it and let the regulators figure out if it was applicable except the time frame. You can file a complaint here - https://ec.europa.eu/transport/site...ir/doc/complain_form/eu_complaint_form_en.pdf
 
Sep 12, 2018
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Hi Neil, thanks for the reply.

The first flight that was cancelled, DY7060, was scheduled to leave MCO at 01:25 AM on 3/27.

The replacement flight, DY7960, was scheduled to leave at 08:30 AM on 3/28, which is a delay of 31h05m.

DY7960 ultimately departed at 19:21 on 3/28, nearly 11 hours after its scheduled departure, and nearly 42 hours after the originally scheduled flight. It landed in CDG at 09:22 CEST on 3/29.
 
Sep 12, 2018
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#4
I went ahead and submitted that EU complaint form to the French Authority (DGAC)-- will probably have to wait at least a week for acknowledgement, then a few more weeks for their investigation. If anyone has any further insight or suggestions while I wait, I'd appreciate it-- thanks!

Worst case if DGAC says it is eligible but Norwegian refuses to pay, I'll send this to one of those companies that specializes in claims and takes 25%. Not worth my time trying to fight this personally in court.
 
Sep 19, 2015
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#6
This is a tough one- do you get double compensation when the replacement flight is delayed — or is it just one payment because of an extended delay in getting back.

I am not sure would have to check the rulings.
 
Jul 27, 2016
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#7
This is a tough one- do you get double compensation when the replacement flight is delayed — or is it just one payment because of an extended delay in getting back.

I am not sure would have to check the rulings.
My recollection is that, if the replacement flight is a separate flight and flight number (rather than just an "extra section" of the original flight), it's two delays, and two fees owed.
 
Sep 19, 2015
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#8
Hey folks, I'm new to the forum and hoping for some help with a Norwegian Airlines compensation issue.

My Norwegian flight DY7060 (MCO-CDG) on 27.03.2018 was cancelled. The airline stated "This cancellation was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to technical difficulties."

The airline rebooked me to a new flight DY7960 on 28.03.2018 (the next day) with a different operating carrier, Hi Fly. This rebooked flight was subsequently delayed by over 10 hours from its scheduled arrival time. The declared reason for this delay was "mandatory crew rest".

Norwegian agreed to provide 600 euros compensation for the cancellation of DY7060, plus hotel and food expenses, under EU 261/2004. That compensation was paid on 28.05.2018.

However, the rebooked flight, DY7960, operated by Hi Fly, was itself delayed by over 10 hours from its scheduled arrival. I believe the delay of DY7960 also qualifies for compensation under EU 261/2004. (Mandatory crew rest does not qualify for exemption from compensation as "extraordinary circumstances", since the crew rest requirement should have been taken into account when they scheduled the new flight. I suspect "mandatory crew rest" is standing in for some other explanation.)

I requested 600 euros compensation from Norwegian for DY7960, which they denied on the grounds that it was the same flight as DY7060, just under a different flight number, and did not qualify for further compensation. I do not agree that it was the same flight since the first flight was openly cancelled and DY7960 was a rebooked flight operated by a different carrier with a different aircraft on a different date.

I attempted to contact the French civil aviation authority (DGAC) to request an investigation, but I was not able to follow through due to the bureaucracy and language barrier. I still believe this compensation is warranted and would like to hear what you all think and recommend.
Norwegian has a “wet lease” with Hi Fly —they are often flying in replacement for the 787s that have been grounded.
 
Sep 19, 2015
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#9
My recollection is that, if the replacement flight is a separate flight and flight number (rather than just an "extra section" of the original flight), it's two delays, and two fees owed.
Once a flight is extra sectioned to another day does it get a new flight number?

European Flight 123 flies daily, is canceled on Tuesday, extra sectioned Wednesday, but they cannot use the Flight 123 as the Flight number is already in use for the normal scheduled flight.

The DY 7960 does not seem to be a regularly scheduled flight while DY 7060 is

I will be interested to hear how the regulators respond.

I wonder how long Norwegian can stay in business with all the cancellations and compensation it pays.
 
Jul 27, 2016
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#10
Once a flight is extra sectioned to another day does it get a new flight number?

European Flight 123 flies daily, is canceled on Tuesday, extra sectioned Wednesday, but they cannot use the Flight 123 as the Flight number is already in use for the normal scheduled flight.

The DY 7960 does not seem to be a regularly scheduled flight while DY 7060 is

I will be interested to hear how the regulators respond.
Good question, and I don't know the answer.

I wonder how long Norwegian can stay in business with all the cancellations and compensation it pays.
On the surface, their on-time performance (70-80%) and cancellation rate (~0.5%) aren't meaningfully different from most other European or major US carriers, although that data doesn't include the subsidiary which operates out of Gatwick.

https://www.flightstats.com/v2/monthly-performance-reports/airlines[/QUOTE]
 
Jan 19, 2018
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#12
Not exactly the same situation but as I have posted before my adult son collected twice last August after his first flight on Brussels Airlines was cancelled for mechanical issues. Rebooked for the next day on Air France. The second leg of that trip was also delayed making him miss his last flight home. He collected from both Brussels Airline and Air France. I hope this works out for you and please keep us posted.