(C)UR('S) GUIDE TO EC261 COMPENSATION AND WS(( )) = info needs to be filled in and/or fact checked

Applicability of EC261
EC261 bases compensation on multiple variables; distance, origin+destination, and length of delay. Ws flights fall into one category: ex-EU and greater than 3,500km. Therefore EC261 applies to any WS flight to Canada departing from an EU member state such as LGW

Reasons for claim
-Denied boarding (due to overselling, down-gauge, or error on part of airline)
-Cancellation that leads to you arriving to your destination late (see delay)
-Delay longer than 3 hours
Delay is measured as the difference between scheduled arrival time and the time the cabin door is opened after arriving at the gate

What you are entitled during/the carrier's duty of care
-For WS delays from EU over two hours "passengers must in every case be offered free meals and refreshments plus two free telephone calls, telex or fax messages, or e-mails"
-For delays longer than 5 hours, "passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure."
(source: http://eur-lex.europa.eu/legal-conte...URISERV:l24173 )

What you are entitled after
-Denied boarding: 600euro plus care from the airline if you must overnight
-Cancellation of your original flight leading to a delay longer than 4 hours: see delay
-Cancellation of your original flight leading to a re-route leading to delay more than 1 hour and less than 4 hours: ((50 percent of the delay compensation?))
-Delay:
--3-4 hours: 300euro
--4+ hours: 600euro

Exception for cash compensation: extraordinary circumstances
If the following directly caused your denied boarding, cancellation, and/or delay, it is considered an extraordinary circumstance and therefore exempts the carrier from compensation
-Terrywrism
-Security risks
-Extreme weather such as thunder storms halting ground operations or volcanic ash (see faq)
-Civil unrest
-Industrial action
-Hidden manufacturer defects

What is not an extraordinary circumstance?
-Mechanical issues except those caused by hidden manufacturer defects or other extraordinary circumstances
-Airline short staffing or crews timing out due to crew duty hour regulations
-Denied boarding due to an oversell or down-gauge
-Weather at down-line stations affecting your (later) flight (see faq)

Where to contact and how
thewishy had success emailing FacilitationTeam [[at]] westjet period com

For every event and irregardless of number of pax you should submit one (1) single piece of written correspondence that is lucid, factual, and succinct. Keep it short and don't get emo. It must state your claim, state what you are entitled/what you are claiming, and why you are entitled (ie: the EC261 regulation). You must clearly imply or explain that you will not accept anything less than what you are entitled, unless, of course, you want to accept less?

Submitting copies of your ticket(s) (containing e ticket number), reservation, and boarding pass(es) is not compulsory. Failing to provide proof of your ticket, res, and/or boarding pass does not invalidate your claim for compensation.

Use this form letter or write something close to it. Note the succinctness
Processing time
30-60 calendar days, from when you send your email to receiving the check in the mail. This is very fast by ec261 standards.

How late can I apply for compensation/statute of limitations?
Statute of limitations in the UK is six (6) years

Appeals
If ws rejects your first or second or xth attempt:
-they could be right and you are wrong
-you could be in this 3-4 hour delay grey area (see "What you are entitled after" -Delays), or;
-you are not asserting your claim properly. See the faq below.

However if you are positive that you are entitled compensation and your claims were properly submitted, you can appeal to the UK CAA's Pax Advice and Complaints Tribunal (PACT).
https://www.caa.co.uk/Passengers/Res...-CAA-can-help/

Further reading
http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
http://www.thisismoney.co.uk/money/h...-261-2004.html

FA-Q:
Q: Are weather delays down line that cause late inbound aircraft actually extraordinary circumstances and therefore a legitimate cause ws to deny my claim?
eg: Your lgw-yvr flight is delayed 4h10m solely because that plane was held up by thunderstorms in yyz.

No: this is not extraordinary circumstances. The airline has the obligation to get you to your destination at the scheduled time and delays isolated from your departure and arrival airport are not considered extraordinary. ((iirc there was a court case that wasn't Sturgeon that re-affirmed this, anyone know?))

Q: I see more value in receiving ws flight credit than fungible, liquid cash. What amounts in ws flight credit have others reported in lieu of the 300/pax or 600/pax euro cash compensation?
((there are reports on this thread of what people got going this route))

Q: After my first request, ws is offering me less than what I am entitled citing extraordinary circumstances. I am absolutely positive this is not the case. What do I do?
Airlines typically reject your claim and/or offer you garbage in the form of a flight credit worth significantly less than the cash amount you are entitled. This tends to happen to those who did not submit a claim like a pro (ie: long winded letter, asking for compensation instead of telling you are owed compensation, general non-assertiveness). Avoid using passive phrases like "are you/is your company willing" or "could you/your company". This suggests that you do not realize that you are entitled compensation, giving the carrier an out. Instead use assertive phrases like "I expect" or "I am entitled" or "therefore I am seeking" in order to make clear that you understand your rights. Just persist, stick to your guns, and don't take it personal if you get rejected.

Q: Is there a direct contact? I'm not feeling this web-form complaints thing
While many have used the web form and have got satisfaction, at least one user used FacilitationTeam [[at]] westjet period com and got satisfaction.