Do airlines lie while refusing passengers to pay compensation?
The consumer laws of the European Union and Georgia impose strict obligations of the airlines to pay compensation to their passengers in case of flight delays or cancelations. Compliance to those regulations is costly enough for the airlines. Each year, airlines have to pay hundreds of millions of EUR in compensations to the passengers. That’s a lot of money, isn’t it? 😊
For the same reason, it is no surprise that airlines are using all available methods to avoid paying compensation. If you are not well informed, you can be easily tricked.
Do airlines unjustly refuse their passengers to pay what is due? –Our experience shows that yes. Even more, airlines will do ALL they can not to pay, even in the cases when they clearly know they have to pay.
This is a strategy employed by many airlines. Many passengers may easily believe that what airline says is true and give up on the legal battle. Passengers know much less about the aviation industry and are less capable of fighting against airlines.
Shall we accept the reason provided by the airline for the refusal to pay? We advise not to. To be more clear, you should always double check the validity of reason. It is not easy to do by yourself, but our team of experts can easily do it for you.
So, if your airline refuses to pay the compensation, it’s not the end still. Always double check with those who know it better.
Here is an example from our experience.
We have sent a claim on behalf of our client to the airline, but initially, the airline refused to pay compensation.
Airline motivated their refusal by arguing that the claim was sent after the expiration of 2 years periods from the date of the flight. Airline referred to 2 years time bar determined by Montreal Convention and the general conditions of carriage established by the airline itself.
All airlines perfectly know that the claims for the compensation are based on the EU Regulation #261 and the 2 years time bar determined by the Montreal Convention, as well as any time limit established by the airline, does not apply to those claims.
The time bar for the claims for compensation depends on the national legislation of EU member country and in most of the cases, it is more than 2 years. You can read more about time bars in our blog How far back can I claim the compensation for disrupted flight?
Even though the airline knew the time bar was not expired, they still refused to pay based on that reason. Of course, we would never accept such an answer. We continued to fight.
We again indicated that the reason for the refusal to pay was not valid under the applicable law.
Want to know the reaction of airline? – Silence. Usually airlines remain silent when they have no valid argument.
We appealed the airline’s refusal to the civil aviation agency of that EU member country. The agency analyzed the case and shared our position. Eventually, the airline had no other way than to agree to pay the compensation and wrote us this:
So, if airlines refuse to pay you compensation, it still does not mean that it is not due. You have to cross check the validity of the reason provided by airline and if necessary, escalate the issue to the higher instances.
Sky Lawyer will help you find your truth and not let the airline easily trick you.