Join the SAA class action suit!
It pays to know the law - Michiel Spaapen from Oranjezicht in Cape Town certainly does. After his scheduled SAA flight was cancelled as a result of a strike he took SAA to court and won compensation.
Amsterdam to Cape Town
On the 27th May 2005 Michiel was booked to fly business class (lucky boy!) on an SAA flight from Amsterdam to Cape Town. SAA staff were striking at the time due to a pay dispute, Michiel was denied boarding and SAA put him on an LTU flight 4 days later - to add insult to injury they relegated the man to cattle class.
The law
European regulations requires an airline that denies boarding or delays a flight for more than 4 hours to a destination of 3,500 km or more to compensate passengers involved. The compensation to be paid is a basic of 600 Euros (some R 5,700) and extra compensation if you downgraded the class flow (e.g. business class to economy).
Michiel fights back!
The legal path should be the last option, but if the other party isn't even willing to speak to you it becomes the only option. Michiel asked South African Airways to pay him the compensation due but they wouldn't communicate with him. Michiel took SAA to the European court on the 22nd May 2007 the courts in Amsterdam ordered SAA to pay him compensation of R15,000 (including court costs). The European court ruled that the strike of SAA was NOT beyond their control (as they claimed) and could have been avoided, and that they made no attempts to re-book the passenger on an alternative flight when information about the strike was available 2 weeks earlier.
Michiel invites class action
On his website, www.saastrikes.co.za, Michiel urges others affected to contact him: "If you were affected between 25 July 2005 and 03 August 2005, were delayed for more than 4 hours and still have proof ( ticket, boarding pass, any communication with SAA etc.) we urge you to contact us. We have teamed up a group of lawyers in South Africa and Europe that are ready to start this action. We work on a no win, no pay basis and you will receive at least the monies that SAA has to pay, LESS our nominal fees ( to cover any legal costs or court fees )."
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