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Home » Reader question » Advice sought with EVA Air claim
Advice sought with EVA Air claim
Dear readers,
As is well known by now, the EVA Air staff is on strike and various readers of the Thailand blog have (had) to deal with this and so have I. In itself, EVA Air solves the problems (if you want to be patient for an hour on hold), but I do have something to claim. I incurred extra expenses, had to travel in KLM's cramped economy instead of the more luxurious premium economy I had paid for and lost 1,5 days of my holiday.
I am aware of the fact that airlines are very good at denying claims, even when they are clearly justified. I understand that it is difficult to take EVA to court as a non-European company.
Who can advise me on how best to approach this? Does anyone have experience with a claim with EVA about the current problems or in the past?
Thank you very much for thinking along.
Kees
EVA's website mentions compensation of up to USD 250, for demonstrable, actual costs incurred:
'For passengers holding EVA Air's individual tickets (FIT), if the departure time of your alternative flight is 6-hour behind your original schedule, EVA Air will reimburse any necessary expenses such as meal, accommodation, or transportation caused during the delay, with the maximum reimbursement amount of USD250 (or equivalent foreign currency). Please upload related receipts and alternative flight boarding pass to ”TRANSPORTATION OR ACCOMMODATION FEE APPLICATION”, and we will contact you after further evaluation. Your understanding and patience will be highly appreciated as the process takes time.'
In addition, there is the regulation of EU Regulation 261/2004: https://eur-lex.europa.eu/legal-content/NL/TXT/HTML/?uri=CELEX:32004R0261&from=NL
Article 3 of that Regulation shows that this applies to flights to and from the EU with an EU airline, but that with a non-EU airline only flights departing from the EU fall under this legislation.
Fill in google "Claim delayed flight".
Numerous companies that can / want to help you against a certain percentage.
Or fill in “Sample flight delayed letter” on google.
You also get plenty of examples.
You can try it yourself first and if they don't respond, you can still call in an agency.
Tried to collect the claim several years ago. Long lasting and no response.
Because it was lawful, my legal expenses insurance was turned on. He has duly submitted the letter of complaint and the accompanying claim to the company.
It took several weeks for another rejection to come.
They have asked the legal assistance insurance if we can solve it by not proceeding to litigation.
This cost more than buying them off.
They paid out 600 euros.
Without engaging a company that works on No cure no pay you will eventually also lose 30%.
I was satisfied and it didn't turn into years of discussion.
With [email protected] you can have your miles that you have made with an alternative flight credited to your EVA Air account anyway. So save the ticket. I was also crammed into KLM economy while I booked premium economy with EVA. I will also reclaim those extra costs via the above email address when I am back in the Netherlands. Good luck to the victims.
I was helped correctly by EVAAir because they transferred me to KLM on the same day. Also to Economy, but booked a comfort seat for EUR 140 yourself. Claimed this at EVA Air Amsterdam, and have mail ([email protected]) that they will pay USD 180 per comfort seat, and will also reimburse my internet voucher.
Now it's a bit of a hassle that they suddenly can't read photos or scans of boarding passes. So I sent the PDF from KLM. Now wait and see.
I am now sending emails in English, so that if nothing happens later, I can submit a complaint.
As stated above, based on an EU directive, EVA is only obliged to offer compensation for its flights departing from an EU airport, not for other flights.
This directive delays fixed amounts. For a flight NL-Thailand that is €600 per person. These are fixed amounts that are always due. If there are additional costs, they can be claimed separately.
Competent in this case is the subdistrict court in Haarlem (which includes Schiphol) and the procedure can be done via this form https://e-justice.europa.eu/fileDownload.do?id=7d937cc9-e81d-41d5-9a2d-4b6f9cf43f63 be started. It is a simplified procedure based on EU rules: https://e-justice.europa.eu/content_small_claims-42-nl-maximizeMS_EJN-nl.do?member=1
Detail, but not entirely unimportant: it concerns an EU regulation, not an EU directive. The first is directly valid in all Member States and 'overrules' national legislation if necessary. The second only entails an obligation for Member States to regulate in national legislation.
Regulation EU 261/2004 is therefore directly applicable in all Member States, irrespective of the national laws of those countries.
That's right. A regulation is also drafted differently from a directive.
But that in itself makes no difference once the implementation period of a directive has expired.
If national legislation is not in accordance with a directive, then what is stated in the directive itself applies.
Thank you for your response, and again learned something, because I didn't know that last one!
The EU Directive is clearly explained on the site of the Consumers' Association and a few other sites.
The independent European Consumer Center (ECC) also has a clear site. I quote:
—
Has your flight been delayed, overbooked or cancelled? Within the EU there are rules that offer you protection and possibly compensation. These rules can be found in European Regulation 261/2004. They apply to any flight departing from an EU country. In addition, they apply to all flights of European airlines arriving in an EU country.
(..)
My flight has been cancelled. What are my rights?
If the airline you were supposed to be flying with cancels your flight at the last minute, the airline must offer you a flight to the same destination free of charge. You are also entitled to care while waiting for that flight.
Your right to care
If your flight is cancelled, you are entitled to care. The airline is obliged to provide you with:
Free drinks and meals in a reasonable proportion to the waiting time;
The possibility to send 2 e-mail, fax or telex messages free of charge;
Free hotel accommodation if you have to wait 1 or more nights for the delayed flight;
Free hotel accommodation if your stay has to be extended due to the delay;
Complimentary transportation to and from hotel accommodation and airport.
Flight cancellation compensation
Is there no force majeure, such as bad weather or an unannounced strike? Then the airline must also offer you financial compensation. The following fees apply in the event of a flight cancellation:
€ 250 for flights up to and including 1500 km;
€ 400 for flights within the EU of more than 1500 km;
€ 400 for flights outside the EU from 1500 to 3500 km;
€ 600 for flights of more than 3500 km. (<–AMS–BKK)
This compensation can be reduced by 50% if you accept an alternative flight and your delay is limited. Did the airline inform you of the cancellation at least 2 weeks before the scheduled departure time? Then you are not entitled to compensation.
—
Source: https://www.eccnederland.nl/nl/hulp-bij/toerisme-en-vervoer-eu/vliegreizen
There are plenty of sample letters to request compensation through simple Googling (sample letter delay/cancellation flight).
What the information you quoted does not state (but what the Regulation does state) is that you can also choose to have the ticket refunded – so you can arrange another flight yourself. I did that when EVA was unreachable by phone - the busy tone after listening to the tape - and a quick decision regarding a replacement flight was needed. Incidentally, the Regulation also states that this repayment must be made within 7 days and EVA indicates that this can take 2 months…
EVA Air will have to compensate you for demonstrable damage. But in that case you will have to demonstrate what your damage is. Flying with KLM instead of EVA Air is a bit more difficult, although you are of course entitled to a refund of the premium economy premium if you have only flown Economy with KLM.
You can try it yourself, but chances are EVA Air will reject that. Not because they're right, but because that's how they play the game. The next step is to call in professional help via legal assistance insurance or, for example, an EU claim (or similar). However, the latter requires a percentage of the compensation you would receive. And your legal assistance can decide that it is too much work compared to the expected compensation and the surrender, whether or not in consultation with EVA Air. Because in my estimation it concerns a few hundred euros, both EVA Air and your legal assistance will certainly not go to court, but will buy it off. EU claim is a bit more persistent, but sooner or later they too will make that decision.
In any case, expect a large sum. As said with a few hundred euros, it will stop.
All flights up to and including 19-07 have now been cancelled.
Where did you get that information if I may ask?
Is not true. EVA-airways flights AMS-BKK-AMS are canceled on their website today 3/7 until 9/7
https://booking.evaair.com/flyeva/eva/b2c/flight-status.aspx
Had a delay of 1 day in Amsterdam in the past, arranged a hotel stay through EVA and downloaded a sample letter from the internet 4 months later when I was back in the Netherlands.
€1 credited to my account within 600 month.
Dear Kees,
I have not experienced this myself with Eva.
What I do know is that Eva is on the sky team and then they have to deal with the rules
imposed by the EU and or the rules they have as a whole.
I would submit a clam to Eva, it is not for nothing that they overbook flights
to KLM.
I have explained the same in a previous post regarding China Southern.
They wanted to fob people off with a night at the airport where these people have the right
had to get a hotel (China thought you are now on our territory and get nothing).
I managed to arrange an overnight stay for these people, this is in the rules.
Me and my family didn't get this out of annoyance(555 I had my gram).
They must arrange or compensate for this.
My Advice: keep calling and getting in touch.
I myself find this very rude and would not leave it at that, whatever talk they have.
After all, you paid for it.
A young Thai boy was also fobbed off with this who is studying in the Netherlands.
At the moment he kept an eye on me and approached me to help.
This boy then came to the Netherlands under our care.
We are still in contact until now.
Do not give up!
Yours faithfully,
Erwin
EVA does not belong to Skyteam, KLM indeed does. Had that been the case, I probably would have flown with EVA more often. Although EVA also flies directly to BKK, I prefer KLM because of the FlyingBlue miles you get when you pay with your AMEX card.
Erwin, EVA is not part of the Sky Team, but is a member of the Star Alliance. Whether or not they are part of such an organization has nothing to do with EU rules. As a non-EU airline, they are only bound by those rules when it concerns a flight departing from the EU.
Furthermore: aren't you a bit premature with your qualification 'very rude'?