Here is my 3rd reply from air france after i issued your letter with regard to court action and the ECJ, so do i go to the CAA now as they are still refusing to pay ?
Our reference :
Dear Mrs
Thank you for your further communication of 05 February in reply to mine of 01February.
From this, I am sorry to learn that you are not in agreement with our previous reply. Whilst this is always of concern to us, I must confirm that we maintain our stance in this matter, i.e. that a time limit of two years exists in which to bring such a claim.
This time limit of two years is indeed set out in the Montreal Convention of 1999. Article 35 of this convention stipulates that, ‘the right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.’
Furthermore, there is an international consensus between nations to respect a general and fundamental principle concerning the hierarchy in law. This is as follows:
1 – The National Constitution of the State, or its equivalent
2 – The International Treaties or Conventions which are duly ratified by the State
3 – The State’s National Law
4 – Statutory Acts (Regulations, Decrees, Judgements, etc.)
It therefore follows that the articles contained in an International Convention which is ratified by a given State take precedence over the National Law of that State.
It is also a fundamental principle of law that special rules supersede general rules and therefore, in the case of States having ratified the Montreal or Warsaw Conventions, the limitation period of two years in which to bring a claim for damages arising during air transportation takes precedence over any general limitation period mentioned in the State’s National Law.
Concerning the travel voucher which was offered to you on 10 April 2010 I must point out that it was an electronic one and the confirmation of it was in the emailed communication sent to you by my colleague at the time ,as a follow up and explanation concerning the disruption to your journey. No paper document was therefore sent.
I am sorry you were unable to make use of it within the one year validity stated but must point out that the voucher stopped being valid on 10 April 2011. Please see below a copy of our 10 April emailed message to you.
I am sorry to disappoint you once more, as I understand that this is not the answer you wished for. However, I do hope we can move forward from this point that and that we might have an early opportunity to restore your confidence in our service.
Yours sincerely,
Customer Care
