eigenvector

I am not a charity either but if I try to play this game of "I don't owe anything until you tell me I owe something" with the CRA, I will end up with a whack load of penalties and interest.

yytleisure

I was rerouted from muc-lhr-yyt to muc-lhr-Yhz-yyt Bc of mechanical (told by AC at lhr transfer desk). Asked that guy about comp he said none is due. Get to Yhz and get bumped due to downgrade. Given $200 voucher and a form to sign saying this is all you get. I declined to sigh and after one email the week after got my €600 cheque in the mail with no issues.

In my experience it was certainly not proactive but minimal resistance to a concise email spelling out the details

Often1

Doubtful. Tons of people are band-loyal to carriers which are a nightmare to deal with on compensation. On a 200-seat aircraft, we're talking about EUR 120,000 (approx. CAD 175,000). That's a lot of money against the remote chance that it's brand-enhancing to pay without a request.

MB24

How exactly did you file your claim with AC? I filed mine using the online "complaint" tool, received an email file number stating they'll get back to me, etc. That was two weeks ago, and I haven't heard anything. My case is pretty clear cut: AC 857 on Aug 5 (LHR-YYZ) was delayed about 5.5 hours due to mechanical. Any suggestions as to how to get a response (and my €600) would be most welcome.

yytleisure

Once, maybe 2-3 years ago I sent an email on the usual online form and within a couple weeks resolved easily.

The second time last year, or perhaps in 2015, I was getting no response so emailed one of the bens that hung out here - [email protected] I believe. Email about cheque on the way the next day.

It's foolish to have to email upper management but when your "customer service" is so terrible you have to be creative.

ChrisA330

Sadly it's just patience. Their customer relations response times are horribly slow...especially in summer. What was the response time noted in the email back to you? Usually it's 20 business days.

MB24

Yeah--they said 20 business days, but I usually hear back earlier. They've still got some time, so I'll certainly wait another week or two before contacting anyone else. I was just worried that the claim might have to be submitted through the regular mail or something. I know, seems strange in 2017, but it is AC...

hhecky

Is it clearly stated in within EC 261/2004 that the duty to inform the passenger is entitled to compensation is merely a suggestion, and that it is not mandated? A flight I was recently involved with and was delayed 6 hours, and AC offered a 10% off next purchase within days. Based on the 261/2004 reg I knew the passenger was entitled to 600 Euros, we emailed AC and has not come back offering this.

I get that this has happened before, but my question is what exact part of EC 261/2004 is left open for interpretation as so the airlines can deliberately not comply with the entitled compensation associated with the regulation.

Any guidance is greatly appreciated

rankourabu

All AC needs to do is have an information pamphlet available at the airport. They do.
They will deny its existence unless pressed for it though.

Same with payment - may initially deny to discourage people, but it pays off to keep pressing them.
Sometimes they just give in right away when its a clear cut case.

Last resort is always one of the many ambulance chaser companies that will go after AC for you and take a cut.

Often1

The most that happens to AC is it fails to have the pamphlet available is that one of the NEB's may slap its wrist. But, that has nothing to do with the passenger.

If you have made a claim and it has been denied, it has presumably been denied for a reason. If you do not accept that reason, you will need to pursue AC, presumably in a local small claims court in the appropriate EU member state or by retaining one of the claims agents for a cut of the loot.

If by some chance, your departure was from the UK, you might use a UK small claims proceeding as those proceedings permit telephonic hearings.

hhecky

Sorry, in my original statement, I meant to say AC DID come back offering the 600 Euros as soon as we cited that we confirmed the delay was mechanical with AC costumer service and cited 261/2004.

As stated earlier in this thread, AC knows exactly who is entitled to compensation, and how much. The fact that they know this, then deliberately contact the passenger effected, offering a "10% off next purchase" seems to be completely contradictory to the spirit of the law. Item 2 of Article 14 states "An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice."

The people who I am looking into this on behalf of are unaware if a pamphlet regarding 261/2004 was made available at the gate. However, it is hard to believe that a sole post flight contact from AC containing a "10% off next purchase" voucher with no mention of the passengers entitled compensation as per 261/2004, would be seen by the regulatory body as anything but deliberately misleading.

I am aware that even if AC were to get a wrist slap over this behavior, the passenger receives nothing. However several court cases have been tried in order to define sections of 261/2004 and I wondering if this type of scenario, which does not seem to be unique or a one off, is within that category. Thoughts?