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Location: New Jersey

Hey everyone,

I am a New Jersey resident in the US. My return flight with Norse Atlantic Airways from Rome (FCO) to New York (JFK) was cancelled. I was notified more than 14 days before departure, so I understand that I likely don't qualify for the €600 EU261 cancellation compensation.

After the cancellation, I had to arrange alternative travel myself. I initially submitted a claim for my replacement flight, accommodation, meals, and transportation expenses.

After several rounds of emails with Norse, I agreed to accept a reduced settlement amount, leaving out some expenses (including meals and transportation) in the interest of reaching a quicker resolution.

I specifically stated in my correspondence that I was accepting the reduced amount solely to achieve a faster, amicable settlement, and that if Norse failed to make the payment within the agreed timeframe, the settlement would be void and I would pursue my original claim.

Norse acknowledged receiving my bank details and advised that payment would take 45 business days. That deadline is November 11, and I am preparing in case they fail to pay.

I am unfamiliar with the legal process and have been using ChatGPT to understand my options. It suggested looking into filing a small claims case in Queens, NY, since JFK was the destination airport for my cancelled flight.

I am considering:

\- Pursuing my original reimbursement claim rather than the reduced settlement amount.

\- Claiming 9% annual prejudgment interest under New York law.

\- Including any other legitimate financial losses resulting from the delayed payment.

I would really appreciate advice from anyone familiar with New York small claims court, airline disputes, or EU261 claims.

A few questions:

  1. As a New Jersey resident, is Queens Small Claims Court the appropriate place to file a case against Norse Atlantic, given that the cancelled flight was scheduled to arrive at JFK?

  2. If the airline fails to pay by the agreed deadline, can I withdraw from the reduced settlement and pursue my original claim, assuming my correspondence supports that condition?

  3. Is claiming 9% annual interest under New York law appropriate in this situation?

  4. Has anyone successfully recovered money from Norse through small claims court or dealt with a similar airline settlement dispute?

  5. Are there any other legal avenues or important considerations I should be aware of?

I would appreciate any practical advice, especially from people who have actually gone through this process. I want to make sure I am following the correct legal route rather than relying entirely on ChatGPT.

Thanks!

submitted by /u/Intelligent_Can7775
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