http://daf-andrew.livejournal.com/433223.html
ЛОТу ушло сегодня письмо с требованием о компенсации 250 евро. буду ждать результатов, может затянуться надолго, судя по тому, что я читал на форумах
Скарга ЛОТ
Написав claim ЛОТу, зараз піду відправляти:
Polskie Linie Lotnicze "LOT" SA
Reklamacje Pasażerskie
Ul. 17 Stycznia 39
00-906 Warszawa
CLAIM
Hello,
My name is Andrii ******, and I was a LOT passenger on the flight LO752 KBP-WAW, on June 08th, 2012, ETKT 080 **********. My flight LO752 was cancelled due to technical faults (according to the public media announcement by LOT spokesman Leszek Chorzewski), and I arrived at my destination point on a different flight, approximately 8 hours after scheduled arrival time.
Under Regulation 261/2004 of the European Parliament and of the European Council of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, under Article 5, point 1, paragraph C, I have a right to compensation in case of cancellation of a flight, in accordance with Article 7 ((a) EUR 250 for all flights of 1 500 kilometres or less).
In the case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07) of 22 December 2008, the European Court of Justice in Luxembourg ruled on the interpretation of Article 5 of the Regulation 261/2004 relating to cancellations, establishing that any technical issues during aircraft maintenance don’t constitute "extraordinary circumstances" that would allow airlines to avoid paying passengers compensation for canceled flights.
The Fourth Chamber of the European Court of Justice on 19 November 2009 also ruled that under the definition of "extraordinary circumstances", technical faults within an aircraft should not be included and therefore an air carrier cannot rely on a technical fault within an aircraft as a defence from a valid claim under the Regulation.
I would also like to inform you, that LOT Polish Airlines have seriously violated p.1 and 2 of the Article 14 of the Regulation 261/2004
1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: ‘If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance’.
2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.
There was no notice displayed, under p.1, and I was not provided a written notice under p.2 setting out the rules for compensation and assistance in accordance to this Regulation, although I specifically asked the LOT airline representative for such a notice! Moreover, there was no airline representative near the gate for almost 3 hours after the scheduled departure time, and when I found the representative (named Oksana) in 2 hours after scheduled departure time in the LOT office in Terminal B, she refused to provide me with a written notice setting out the rules for compensation and assistance, and refused to go to the passengers of the flight and talk to them, showing the unprecedentedly awful level of customer service.
I request LOT Polish Airlines to pay me the compensation of 250 euro, according to the abovementioned regulations, to the following bank account:
If you refuse me my right to compensation under Regulation 261/2004 of the European Parliament and of the European Council of 11 February 2004, I will be filing a complaint to the Civil Aviation Office of Poland, describing the infringement of my rights both under Article 5, p. 1, paragraph C, and under p.1 and 2 of the Article 14, and/or any other infringements of applicable Polish and European legislation.
I also reserve my right to file a lawsuit in a court of law, seeking to remedy material and moral damages from LOT Polish Airlines.
I kindly expect you to reply to this letter in time set by appropriate legislation, either by e-mail: ********, or by regular mail to the following address:
Failure to reply to this letter in time set by law will lead to filing a complaint to the Civil Aviation Office, adding failure to reply to the list of my rights that were infringed by LOT Polish Airlines.
I am also attaching a copy of my boarding pass for the cancelled flight for your convenience.
Best Regards,
Andrii ********
