Fly4free.pl

Dear Ms

Thank you for your feedback and for granting us the time to look into the matter.

We are delighted that you included Edelweiss when you planned your trip.

During a routine maintenance check an unforeseen defect was found on the aircraft that was scheduled to operate flights Zurich - Havana – Zurich, which had to be repaired.

It turned out that the repair work was more extensive than expected and thus took longer than anticipated.

The mentioned circumstances led to the fact that your flight from Zurich had to be carried out with a substitute aircraft.

In this situation, Edelweiss undertook every possible measure to not only keep the delay as short as possible for our flight passengers but to also ensure the execution of the flight from Zurich to Havana.

Please be advised that the mentioned flight was at no time cancelled but postponed, to be carried out at a later stage.

We are aware that such an unexpected incident affects not only our own plans, but also impacts the travel plans of the passengers concerned. At this point we would like to express our most sincere apologies for any inconvenience caused.

Edelweiss and SWISS notified the affected passengers immediately via sms in the event that a mobile number was correctly entered.

Our flight passengers were looked after on site in Zurich and kept up to date by our colleagues from our external partner Swissport. All affected passengers received the passenger’s rights form as well as all the care services they were entitled to.

At the SWISS ticket desk, agents were available to provide passengers with information regards to possible rebookings. In accordance with the passenger’s rights form passengers were able to cancel their flights and request a full refund of their ticket after the flight was delayed by more than 5 hours.

In the event that you were unable to use the means of communication provided free of charge at the airport in Havana, you will also receive the amount of Euro 14.-. We kindly ask you to forward us your full banking details (postal address of the bank) in order for us to process the refund as fast as possible.

Furthermore, we are informing you that the law applicable in some of the EU member states as per the ECJ judgement of 19 November 2009, according to which compensation can be claimed if a flight has been delayed by more than 3 hours, does not apply in Switzerland and is thus not valid.

In accordance with Article 1, paragraph 2, of the Air Transport Agreement, Switzerland adheres by implication to the "Community acquis", meaning the legal provisions as well as the judgements, rulings and decisions of the European Court of Justice and the Commission of the EU relevant for the implementation, interpretation and application of those legal provisions as they were in existence at the time of the conclusion of the Agreement; the cut-off date is 21 June 1999. In conformity with the latter part of Article 1, paragraph 2, of the Air Transport Agreement, all other decisions taken by the EU after that date must be communicated to Switzerland. Furthermore, the recognition of such later judgements, rulings and decisions for Switzerland requires the approval by the Joint Committee within the meaning of the Air Transport Agreement. In the absence of communication of such later judgements, rulings and decisions, and in the absence of recognition by the Joint Committee, the corresponding interpretation by the ECJ or the Commission cannot be applied in Switzerland.

To the extent apparent, the EU has, to the present date, not communicated any decision etc. taken by the ECJ or by the Commission to Switzerland, nor has any such decision been presented to the Joint Committee including, in particular, the above-mentioned ECJ judgement of 19 November 2009. Therefore, in the absence of such communication to Switzerland and in the absence of approval pursuant to the rules set out in the Air Transport Agreement, the judgement of 19 November 2009 is not applicable to the present case.

Despite this unfortunate event, we would be delighted to welcome you on board an Edelweiss flight again soon.

Kind regards