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Norwegian Airlines claims

We had tickets for Norwegian Air Shuttle's flights from New York City, JFK, to Oslo, OSL on 28 August (DY7002) and 29 August (DY7092) and were thus affected by the cancellation of the first flight and the delay of the second flight. As the European Union explain, we are entitled to financial compensation for our inconvenience on 28, 29, and 30 August, in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council (cs, de, en, es, fr, it, nl, pl, &c).

We should each submit two claims.

We are entitled to 600 EUR for each claim, for a total of 1200 EUR.

We each need to submit two forms, one for each of the two claims. Here are the filled-in forms that I am submitting.

I am providing partially filled-in versions of the forms as starting points for everyone else. You can print them out and fill the rest out yourself.

I filled in only the things that I thought would be the same for everyone. Notably, I did not go to the airport on 28 August, but many of you did, so you will have to fill in those parts differently.

If Norwegian made you stay overnight in Oslo or Stockholm, you may be entitled to even a third claim. I am happy to look into this for you if you tell me the details of the flights that you originally booked and the flights that you wound up on.

Filling out your form

Here are a few things to keep and mind when filling out your form.

Capital letters

The form's instructions request the following.

Please fill in the form in block capital letters.

Ticket number

I think Norwegian refer to the ticket number as "document number". I have two, one for my JFK-OSL flight and another for my OSL-BUD flight.

Picture of Tom's ticket with the ticket number highlighted

Connecting flight

To find out when your connecting flight arrived, check the 30 August flight status page.

Having me fill out your form

If a few people are interested, I can even fill out the forms for you, as it is easy for me to write a program that automatically fills out the form. You would put the missing information in a spreadsheet, and then I would make you a PDF file with all of the fields filled in.

Submitting the form

You must first submit the form to Norwegian Airlines. After six weeks, assuming Norwegian does not respond helpfully, you must submit a copy to Norsk ReiselivsForum, the Norwegian enforcement body for Regulation 261/2004.

First submission of the form

The regulation requires that we submit the form to Norwegian Airlines, but it does not specify exactly how the form must be submitted.

The form does not explain how Norwegian should pay the compensation. I am going to include a cover letter that requests a bank transfer. Section 7.3 of the regulation lists the acceptable payment methods.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

Norwegian used the email address "customer.relations@norwegian.com" to contact me about both of my prior claims, so I think we can send the form there.

It may be worth submitting the form by fax and by post as well. Norwegian included the following contact information in the emails that delivered my ticket.

Norwegian Air Shuttle ASA. PO Box 115, NO-1330 Fornebu. Fax +47 67 59 30 01, Contact us. NO 965 920 358 MVA

Keep copies of the everything that you submit.

Second submission of the form

Wait six weeks after submitting the form; Norwegian is supposed to respond within six weeks of receiving the form.

I anticipate that they will not reply or that their reply will be unsatisfactory. In that case, submit a copy of the same form to Norway's enforcement body.

Norsk ReiselivsForum
Transportklagenemnda
Øvre Slottsgate 18-20
NO - 0157 OSLO

Tel.: +47 22 54 60 00
Fax: +47 22 54 60 01
fly@reiselivsforum.no
www.transportklagenemnda.no

Since they list an email address, I will probably try that first.

Ignore pretty much everything that Norwegian say

I expect Norwegian Airlines to be unhelpful, slow, and misleading, in an attempt to get us to accept less than the 1200 EUR that we are each entitled to (600 EUR per claim). As an example, see this email they sent me about one of my two previous claims, which I had AirHelp submit.

Dear Mr Levine,

Norwegian Air Shuttle has also received a claim from Airhelp on your behalf concerning your booking 2PDYLM. As informed to you in our previous correspondence, we do not relate to Airhelp based on past experience where they act very unprofessionally. Our dialogue regarding also this issue will therefore be sent directly to you. Airhelp is informed of this and will out of our courtesy be added as a copy of the correspondence.

We sincerely apologise for the inconvenience caused by the cancellation of your flight DY7012 from New York to Copenhagen on the 29th of September 2014. Unfortunately this flight was cancelled due to an unforeseen technical problem with the electronic engine control on a previous departure.

The flight was rescheduled with a new flight number, DY7112, with departure on 30th of September 2014 at 23:29 and arrival in Copenhagen on 1st of October 2014 at 12:20. This resulted in a total delay of 25 hours and 10 minutes for the affected passengers.

We appreciate that punctuality is vital for our passengers, and Norwegian strives to ensure that all flights operate according to schedule. Regrettably, due to the nature of air travel, delays and cancellations are unavoidable and do occur from time to time.

Norwegian follows all maintenance programs imposed by the CAA, and the aircraft manufacturer, as well as internal maintenance procedures. We therefore consider that all reasonable measures were taken to avoid such technical difficulties.

In accordance with the legislations which we are bound by, we are not obliged to provide compensation aside from that specified in EC Regulation 261/2004 Article 9 if the disruption was caused by reasons outside of our control. Circumstances that are beyond the control of the air carrier are events that are not caused by an act or omission of the air carrier. In light of this information, unfortunately we are unable to honour your request for EU compensation.

Norwegian would however like to provide compensation with the amount 150 USD as a gesture of goodwill due to the inconvenience and long waiting time. Please provide the following bank account details: Bank name, IBAN, BIC/Swift code, account holder's name and postal address; for US account please provide: Bank name, account number, Swift code, ABA number, account holder's name and postal address.

We respect that our response may not offer the outcome you were seeking, however we must adhere to such guidelines to ensure we are providing a fair and equitable service.

For the avoidance of doubt, we refer to the relevant legislations and verdicts found in the European Court of Justice which apply to your particular case.

Regulation EC 261/2004, Article 5(3): An operating air carrier shall not be obligated to pay compensation in accordance with Article 7, if it can prove that the disruption was caused by an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken.

European Court of Justice - C-549/07 (Wallentin-Hermann): Judgement C-549/07 (Wallentin-Hermann) is trying to define what can be classified as extraordinary circumstances. According to the judgement, technical problems that are found during the scheduled maintenance of an aircraft cannot be defined as extraordinary circumstances, unless the technical problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the carrier's activity and are beyond the operating carrier's actual control. Circumstances that are not inherent in the operation of air services are events that do not routinely occur during the operation of the aircraft.

We trust that we have clarified the reason for our decision in this matter, we look forward to your reply and hope to have the opportunity to welcome you back onboard a Norwegian flight again in the future.

Best regards

Annika
Customer Relations

In response to the other claim I made, Norwegian didn't even offer 150 EUR.

Dear Mr Levine,

Norwegian Air Shuttle has received a claim from Airhelp on your behalf on the 10th of October 2014. We wish to inform you that we do not relate to Airhelp based on past experience where they act very unprofessionally, but we still want to process the claim in accordance with current legislation. Our dialogue regarding this issue will therefore be sent directly to you. Airhelp is informed of this and will out of our courtesy be added as a copy of the correspondence.

We sincerely apologise for the inconvenience caused by the delay to your flight, DY7005 from Stockholm to New York on the 6th of November 2013. Regrettably, this flight was delayed by 8 hours and 39 minutes due to an unforeseen technical problem with the genarator.

We understand that punctuality is vital for our passengers, and Norwegian strives to ensure that all flights operate according to schedule. Regrettably, due to the nature of air travel, delays and cancellations are unavoidable and do occur from time to time.

Norwegian follows all maintenance programs imposed by the CAA, and the aircraft manufacturer, as well as internal maintenance procedures. We therefore consider that all reasonable measures were taken to avoid such technical difficulties.

In accordance with the legislations which we are bound by, we are not obliged to provide compensation and/or cover additional expenses incurred not including that outlined in EC Regulation 261/2004 Article 9 if the disruption was caused by reasons deemed to be outside of our control. Circumstances that are beyond the control of the operating air carrier are events that are not caused by an act or omission of the air carrier. In light of this information, unfortunately we are unable to honour your request for EU compensation.

We respect that our response may not offer the outcome you were seeking, however we must adhere to certain guidelines to ensure we are providing a fair and equitable service.

For the avoidance of doubt, we refer to the relevant verdicts found in the European Court of Justice which apply to your particular case.

European Court of Justice - C-402/07 (Sturgeon): The EC Regulation 261/2004 does not expressly provide compensation for cases where the flight has been delayed as it does in the case of cancellations. According to the decision of the European Court of Justice in case C-402/07 (Sturgeon), the passengers affected by a delay should be compensated under the terms laid down in Article 7 of regulation 261/2004, when they reach the final destination three hours or more after the original scheduled arrival time. The airlines are exempt from further compensation if the reason for the delay is extraordinary circumstances outside the airline's control.

European Court of Justice - C-549/07 (Wallentin-Hermann): Judgement C-549/07 (Wallentin-Hermann) is trying to define what can be classified as extraordinary circumstances. According to the judgement, technical problems that are found during the scheduled maintenance of an aircraft cannot be defined as extraordinary circumstances, unless the technical problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the carrier's activity and are beyond the operating carrier's actual control. Circumstances that are not inherent in the operation of air services are events that do not routinely occur during the operation of the aircraft.

We apologise for any disappointment our response may cause and hope that we may have the pleasure in welcoming you onboard a Norwegian flight when you next choose to travel.

Best regards

Annika
Customer Relations

In fact I had not really read these emails until just now; I had previously just skimmed them for a few seconds and then ignored them.

I wound up getting the full 600 EUR in the end for each particular claim, minus AirHelp's 150 EUR fee. That is, they Norwegian paid out a total of 1200 EUR, and AirHelp took 300 EUR.

I remind you that I have made money overall by flying Norwegian airlines. Including this week's flight, I have taken six long-distance flights on Norwegian, at a total cost of about 1500 EUR (250 EUR each). Five of those flights were tax deductions for me as business expenses, so the effective total cost of all six flights is just 1000 EUR.

Don't try to make sense of anything that Norwegian tells you; it's a waste of time.

Applicability of Regulation 261/2004 to our flights

I wanted to confirm that Regulation 261/2004 applies to our flights as Norway is not in the European Union.

Well, first of all, it obviously applies because Norway has designated Norsk ReiselivsForum as the enforcement body for the regulation.

But it is quite clear in the law as well. The scope of Regulation 261/2004 is articulated in article 3.

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.

Article 2 defines "community carrier"

(c) "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(5);

It is thus necessary that Norway be a Member State. In this case, our flight would be within the scope on the basis of the carrier and the destination country.

Fortunately, the interpretive guidelines explain that

The Regulation is applicable to Iceland and Norway in accordance with the EEA Agreement and to Switzerland in accordance with the Agreement between the European Community and the Swiss Confederation on Air Transport (1999).