Norwegian Refuses Compensation For 5.5 Hour Delay

My JFK - CDG flight was delayed by 5.5 hours. In the end it was operated by Hi Fly's A380.

Norwegian has denied my EC261 claim, citing extraordinary circumstances. They claim it was caused by "mandatory checks from aviation authorities on a specific type of Rolls Royce engine, forcing us to take the scheduled aircraft out of service."

I found some excellent information in this posting:

Norwegian refuses EU delay (4.7 hours) compensation because it turned out there was nothing wrong with the aircraft

However, I am unclear if all of this applies as Norwegian mentions inspection of Rolls Royce engine. Are they trying again to use the manufacturer defect as the reason for the extraordinary circumstance? I thought these engines were replaced and aren't inspections normal anyway? Does anyone have any expert advice as to whether or not my claim would be valid. I really appreciate your input.

ec261

Best Answer

If aviation authorities have mandated inspections of all airplanes with a specific engine model, I suspect they may actually have more merit to claim extraordinary circumstances in this case. This brings it closer to "hidden manufacturing defect", which has been ruled to be extraordinary circumstances. The fact that aviation authorities have mandated the inspection may also be seen as providing the "external" in "unpredictable, unavoidable and external ".

However, you should still ask to see some form of evidence of these mandated inspections before you buy their explanation.

If you give up on trying to argue with Norwegian, you could always try to contact a claim agency specializing in EC261 claims and present your case to them. If they don't think you have a good case they probably will not pursue it, but there's not much harm in trying and if they do agree to pursue it you'll get most of the compensation with a minimum of effort.

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How much compensation can I get for delay?

You can usually get compensation if: you booked both flights as a single booking. you were delayed for more than 3 hours. the delay was the airline's fault.

Can you get compensation if your flight is delayed?

When a flight delay occurs, you are entitled to assistance and a choice between rerouting, reimbursement, or rebooking. If you arrive at your destination more than 3 hours after your scheduled arrival time, you are entitled to the same reimbursement, rerouting, and rebooking structure as a denied boarding.

How long does a flight have to be delayed before compensation?

U.S. flights: maximum compensation by type of delayNew flight arrival timeCompensation (% of ticket price)Within 1 hour of original arrivalNoneBetween 1 and 2 hours after original arrival (1 to 4 hours for international)200%More than 2 hours after original arrival (more than 4 hours for international)400%Oct 11, 2021

Can I claim if my flight is delayed by 5 hours?

Beyond Airline Compensation: Other Rights That Come With EC 261. In addition to compensation for your loss of time, if your delay exceeds 5 hours, you are entitled to a full or partial refund of your original ticket and a return flight to your point of departure, if needed.

How to claim compensation for flight delays

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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