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Source: http://www.opodo.co.uk/blog/vueling-baggage-policy/ |
曾乘搭歐洲廉航的朋友，是否有與Vueling交手的經驗? 班中同學早2天向我提起與Vueling就航班取消的賠償經歷半年仍然懸而未決；因久仰Vueling大名，就替同學草擬回覆，希望與Vueling速戰速決。令人意外的是，Vueling竟然1個工作天後就火速回覆，承諾作出賠償。
希望藉這個個案剖析如何應對航空公司的解釋, 尤其是不可抗力因素(Extraordinary circumstances)
- 從Vueling首個回覆可見，Vueling籠統表示航班取消不能避免，故此航空公司不會作出賠償, 暗示航班取消因不可抗力因素(Extraordinary circumstances)而起。
面對這種回覆，旅客可要求航空公司具體說明不可抗力因素，如: 罷工、天氣。接著，航空公司有責任提出真憑實據(evidence)。
"Can you please state the cause of the cancellation? Can you please produce the relevant evidence if you have reasonable grounds that it was caused by extraordinary circumstances provided under EC261/2004?"
根據同學憶述，在航班原定起飛時間後10分鐘即有一班Ryanair航班起飛，同樣由布魯塞爾國際機場(BRU)直飛巴塞隆那機場(BCN)。不可抗力因素是否成立就不言而喻。
提要:
航線:布魯塞爾國際機場(BRU)直飛巴塞隆那機場(BCN)
飛行日期: 2016年8-9月
狀況: 航班取消
結局:Vueling以空前(絕後?)的速度回覆，並無提出證據，但就承諾賠償。
電郵來往全文:
Dear Client.
Thank you for contacting Vueling.
We would first of all like to offer our apologies for the inconveniences caused.
Our Passenger Compensation and Service Plan for delays of more than 3 hours or cancellations includes the following possibilities:
...
Lastly, in line with Regulation(EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, you are entitled to financial compensation. In order to process it, you will receive an e-mail containing a link shortly on which you need to click and then fill out the requested bank details. It is important that you do this within 72 hours of receiving the link, as it will otherwise expire after this time for security reasons.
We remain at your disposal for any other doubts, suggestions or requests you may have. Our apologies again for the inconveniences caused.
Best regards,
Customer Service Department
Vueling Airlines, S.A.
Dear Customer service,
Can you please state the cause of the cancellation? Can you please produce the relevant evidence if you have reasonable grounds that it was caused by extraordinary circumstances provided under EC261/2004?
If not, I expect immediate payment of the compensation due under EC261/2004. I am always ready to supply my IBAN details for this purpose.
I am aware that other flights took off at BRU the same time. For example, a Ryanair flight (BRU-BCN) took off 10 mins after your scheduled flight on that day.
Your cooperation is very much appreciated. I sincerely hope that our dispute can be satisfactorily and promptly resolved through liaison with your customer service staff, rather than resorting to seeking intervention from enforcement bodies.
If I don't receive a satisfactory substantive reply from you within 14 days, I will consider making a complaint to the respective enforcement bodies.
Thank you for your attention.
Kind regards,
xx
Dear customer,
We are writing you in response to your previously sent email.
With regard to the flight delay, we regret not having been able to avoid such situation, but assure you that all efforts were put into meeting the original flight schedule.
Sometimes, airlines are forced to delay flights against our will due to circumstances on which we have no control. In these events, it is our policy to provide or help find the most favorable solution as long as the means and alternatives are available. Moreover, we do our best to maintain passengers informed about the efforts being taken to minimize the impact of such incident.
Relating to you compensation request, we inform you that after reviewing your case, the compensation established by EU regulation 261/2004 does not apply to your case.
In light of the aforementioned and having complied with EU regulations, we regret informing you that your compensation request can unfortunately not be honored.
We remain at your disposal for any other enquiries you may have.
The reference number is: [SR_Number: 1-xxxxxxxx]
Please use this reference for future questions about this case, or just reply to this email.
Your sincerely,
Customer Services Department,
VUELING AIRLINES, S.A.
