Old Aug 13, 2016, 1:17 am
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(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
Dear Sir/Madam

I am writing regarding flight [flight number] on [date] from [departure airport] to [arrival airport] with the scheduled departure time of [scheduled departure time].

My booking reference is [booking or reservation reference if available]. This flight arrived [number of hours] hours late at [airport] (or) This flight was cancelled and I arrived late on [time and date of arrival].

The passengers in the party were [names of party].

The judgment of the Court of Justice of the European Union in Tui & others v CAA, confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was [use http://gc.kls2.com/], therefore I am seeking (300€, 400€) per delayed passenger in my party. The total compensation sought is [ ].

I look forward to hearing from you and would welcome a response in 14 days.

love,

[name]
(source: http://www.thisismoney.co.uk/money/h...-261-2004.html)
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.
Print Wikipost

WS Canada-LGW delays

Old May 23, 2016, 2:27 pm
  #16  
 
Join Date: Jul 2014
Location: YVR
Programs: WS Nothing, AC Something, AS Gold. Too big for 737Max washrooms
Posts: 893
Originally Posted by tracon
Why the drama?
WS will do what they can to ensure their customers see Canada. More so than some airlines.
Case in point, todays YVR-LGW is Omni Air. Guy next door is booked on the flight. He's not a ff and probably won't even know its not WS metal. If he did he probably wouldn't care. He's bought a ticket and he's going.
Frequentlander is offline  
Old May 23, 2016, 3:54 pm
  #17  
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Originally Posted by tracon
Why the drama?
WS will do what they can to ensure their customers see Canada. More so than some airlines.
No, they can only do less than other airlines, with no relief aircraft on hand. Also, Westjet useage of non metal 767 is a negative.
Wpgjetse is offline  
Old May 23, 2016, 4:52 pm
  #18  
 
Join Date: Dec 2008
Posts: 797
All of this leans towards upping my wager WS will order / lease new iron much sooner than later.

The biggest risk to the TATL program isn't whether or not WS is achieving sufficient loads and compensatory fares. That was established well before they launched the first flight.

The biggest issue is aircraft reliability. These birds simply aren't cutting the mustard.

Unfortunately, WS divested and distanced themselves from a very experienced core of guys that knew a thing or two about bird dogging older aircraft and ensuring they wouldn't be hangar queens. When was the last time WJ acquired a used airframe? 2003?

At one point, WS had about the oldest fleet of 737 classics on the planet, with the highest completion factor, according to Boeing's stats. That team knew what they were doing and got the job done.

That has not occurred on the 767 program. Egos should have been set aside long ago and specialized help should have been brought in at least this time a year ago, and probably earlier, to ensure the program was in the hands of folks with an established, unquestionable track record who knew how to get the job done.
HangTen is offline  
Old May 23, 2016, 6:47 pm
  #19  
 
Join Date: Jul 2014
Location: YVR
Programs: WS Nothing, AC Something, AS Gold. Too big for 737Max washrooms
Posts: 893
Originally Posted by HangTen
All of this leans towards upping my wager WS will order / lease new iron much sooner than later.

The biggest risk to the TATL program isn't whether or not WS is achieving sufficient loads and compensatory fares. That was established well before they launched the first flight.

The biggest issue is aircraft reliability. These birds simply aren't cutting the mustard.

Unfortunately, WS divested and distanced themselves from a very experienced core of guys that knew a thing or two about bird dogging older aircraft and ensuring they wouldn't be hangar queens. When was the last time WJ acquired a used airframe? 2003?

At one point, WS had about the oldest fleet of 737 classics on the planet, with the highest completion factor, according to Boeing's stats. That team knew what they were doing and got the job done.

That has not occurred on the 767 program. Egos should have been set aside long ago and specialized help should have been brought in at least this time a year ago, and probably earlier, to ensure the program was in the hands of folks with an established, unquestionable track record who knew how to get the job done.
Not that any of this speculation matters but if I were a betting person I'd place a small wager on some A350s.
Frequentlander is offline  
Old May 23, 2016, 8:43 pm
  #20  
 
Join Date: Mar 2010
Location: Calgary
Posts: 1,444
The cancelled LGW/YYZ flight was flown today as WS4204, an additional YYZ/LGW flight will be flown on Wed as WS4303, the cancelled YVR flight will be flown tomorrow as WS4223 and the cancelled YYC flight on Wed as WS4302.
aerobod is offline  
Old May 23, 2016, 8:44 pm
  #21  
 
Join Date: Dec 2011
Location: YYC
Programs: Aeroplan, Westjet, Marriott, Nexus
Posts: 447
EU compensation?

So just to clarify as I currently have a friend who's mom has be delayed in London due to a cancellation....the EU compensation applies in this situation right?
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Old May 23, 2016, 8:52 pm
  #22  
 
Join Date: Mar 2010
Location: Calgary
Posts: 1,444
Originally Posted by radnub
So just to clarify as I currently have a friend who's mom has be delayed in London due to a cancellation....the EU compensation applies in this situation right?
That should be the case.
aerobod is offline  
Old May 24, 2016, 8:22 am
  #23  
 
Join Date: Dec 2008
Posts: 797
Originally Posted by aerobod
That should be the case.
Delays at other airlines.....

http://www.flyertalk.com/forum/air-canada-aeroplan/1767828-anyone-know-why-ac832-delayed-5-hours-tonight.html#post26671355
HangTen is offline  
Old May 24, 2016, 6:35 pm
  #24  
 
Join Date: Feb 2005
Posts: 67
Toronto - London cancellations - any info?

My son was booked onto a flight that was cancelled yesterday. Notified via email. He agreed to take a flight today as that was the best they could offer. His first time travelling to London.
Today he gets to the airport to find that todays flight has been cancelled. No notification. They have found him an alternate flight that will get him there much later than anticipated.

Does anyone know what the compensation should be for these cancellations? They blamed it on aircraft problems yesterday. He was offered $100 credit for this flight, 25% off a future flight.
No info on their website.
thanks
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Old May 25, 2016, 8:44 am
  #25  
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Join Date: May 2016
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So, WestJet are now cancelling relief flights as well as scheduled flights.
Delay and cancellation statistics since start up are awful and more alarmingly are deteriorating.
Far from enthusing passengers about the exciting new transatlantic service, all WestJet are currently achieving is demonstrating that they are running junk aircraft, distressing and frustrating passengers yet to fly, dissuading prospective passengers and losing repeat customers.
Monsieur Hulot is offline  
Old May 25, 2016, 8:43 pm
  #26  
 
Join Date: May 2005
Location: CBR
Programs: Virgin Australia, United, Delta, Qantas, Air Canada
Posts: 148
Westjet had a particularly successful day of messing up on the LGW-YYC flight Wednesday. My sister and her family's flight was cancelled and she was moved to a Westjet relief flight that was leaving an hour earlier than her original flight. Unfortunately, that flight left 3 or 4 hours late.

So if the flight that they were transferred to arrives more than 3 hours late are they entitled to the 600 EUR compensation per ticket? Or are they exempted from that because they only arrived 2 hours later than their original ticket?

I'll note that the Thursday flight to Calgary is already listed as delayed.
BTR_CDN is offline  
Old May 25, 2016, 8:53 pm
  #27  
 
Join Date: May 2016
Posts: 1
Monsieur Hulot,

[Unduly personalized post deleted by Moderator per FT Rule 12.]

A relative of mine flew LGW-YYZ for 300pounds return and was ecstatic with the service albeit arrived 30mins late. (Still made it to Canada)

From WestJet's site, A15 OTP 2016 to date over 73,281 flights is 84.3%. Well done!

As Aerobod mentioned, Encore began with mediocre OTP yet has risen to be the best performing regional airline according to flightstats in 2015. http://westjet2.mediaroom.com/index.php?s=43&item=1100
One senses that Monsieur Hulot is in a position that is now threatened by WestJet's TATL expansion.

Today is LGW, Tomorrow the World!

Last edited by Ocn Vw 1K; May 25, 2016 at 10:46 pm Reason: Let's discuss the topic, not the member in a personal way.
LEDLAMP is offline  
Old May 26, 2016, 2:06 am
  #28  
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Join Date: May 2016
Posts: 10
LGW delays

Monsieur Hulot's interest in WestJet (or other TATL carriers) extends only as far as a passenger with 4 family tickets to fly to Canada on WestJet at beginning of July.
I welcome WestJet's expansion into the TATL market and, if all goes to plan, look forward to flying on their well-presented 767s.


However, my observations about the current OTP service on the LGW/Canada service remain valid.
WestJet has cancelled 1 in 5 of its outbound planes from LGW this week.
And the LGW ontime/cancellation statistics have deteriorated since the service started.


If you are fortunate enough to board a WestJet LGW to Canada plane that is a/on time and b/a WS jet not a low-spec charter-in substitute - I am convinced the service is excellent.
But, if you are prospective passenger facing a 20% risk that your flight will be cancelled (especially in high season, with limited spare capacity to re-route), the perception is very different.


WestJet may have a good OTP record overall and they may be able to bring their TATL service up to their regional stats in due course (although they are using a completely different aircraft and capacity model).
But, cancelling a TATL service brings a totally different set of consequences to re-scheduling or replacing a regional flight.
And brings, a high proportion of potentially dissatisfied (first time)customers, whose repeat custom is jeopardized and whose word-of-mouth observations are quickly dispersed.


I wish WestJet success.
I have been impressed by their customer service and the slick presentation of the new service.
But the goods have to match the hype.
And, I need re-assurance that WestJet TATL service is not as under-prepared and under-resourced as it now appears to be.
And, promises of 84% OTP by 2017 cut little ice for someone booked to fly in Jul 2016.
Monsieur Hulot is offline  
Old May 26, 2016, 7:33 am
  #29  
 
Join Date: Jan 2008
Location: YHM (BUF/YYZ/YTZ in practice, formerly LHR)
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Posts: 974
Also watching this thread with interest, as I've got two LGW-YYZ flights coming up this summer:

2 adults 2 kids, end July
1 adult 1 kid, end Aug

I think between our family lounge passes, we can cope with any delays that are given in advance - it'll be another matter entirely if we're penned in at the gate or stuck in the aircraft for ~2 hours...

Interested to hear how these delays are being handled at LGW.
Does anyone have any first-hand experiences they can share?
sofasurfer is offline  
Old May 27, 2016, 12:16 am
  #30  
 
Join Date: Feb 2012
Posts: 192
Since you asked...

Was scheduled LGW-YVR for the 23rd that was cancelled. The cancellation wasn't the end of the world for us, though a bit of a pain. The post-cancellation support wasn't exactly fantastic though.

Afternoon of the 22nd, I get an email saying my flight had been cancelled, and to give them a call. Called immediately, gave my reservation code, and was told that my flight wasn't showing as cancelled, it was probably just a slight modification of the arrival time that had triggered the email. I was dubious, but the arrival time had been moved all over the place over the month of April, so that didn't seem implausible.

A little later, my phone alerted me that my flight was definitely cancelled (Google scrapes your flights from your inbox), so I called again, and was again told that it wasn't cancelled. By a bit of a fluke, we found out that the agent was looking at a reservation for the 24th, I had been rebooked automatically. Seems a little odd that the first thing an agent does when a customer calls about their flight being cancelled isn't to verify that the reservation they're looking at is in fact the same one the customer booked.

Anyway, after confirming I did in fact want that flight (no alternatives were offered other than a refund) the agent offered me a $50 travel credit as compensation which I declined, and eventually moved up to $200, claiming that was the absolute maximum WS does in any circumstance, but she was willing to give it to me because she knew London is very expensive. Being unfamiliar with EU compensation rules, I accepted it, as it's around the maximum I've ever managed to get out of WS/AC in the past (though that's always been under Canadian rules). I'll be calling Westjet later this week to ask for the rest of the owed compensation. I'm a little miffed that one of the EU rules is that the airline is to inform the customer of their rights, which never happened. It's pretty black and white.

I had selected a seat in advance, as my girlfriend was flying with me on a separate itinerary. I asked the agent to select me a seat in a set of 2, and gave my gf's reservation code and asked her to select her the seat beside me. Seemed to work okay. We later discovered that the agent hadn't noticed that we were on separate flights, my gf was on the Omni rescue flight. Not sure how that got missed. GF had to call in and get herself switched to WS23.

The next day, I was unable to check in online as it said I owed fees, turns out the agent from the day before hadn't marked my seat selection as having been paid for. Today's agent spent a minute or two arguing that the seat I had paid for was for the first leg of my roundtrip, not the return, despite me pointing out several times that I had paid for the seat selection 3 days after the first flight. Even if I hadn't actually paid for the seat, come on, I'm "stranded" in London for an extra day, throw me a free seat selection, why are you arguing about it?

At the airport the next day, Westjet's website was showing a one hour delay already, nobody at the (otherwise well run) baggage drop off made any mention of this, and the info screens at the airport didn't show it either. We headed to a lounge to wait it out (we'd also gotten there early as I was expecting mayhem at baggage drop). Over an hour from the original flying time, and 2 hours before the rescheduled time, the info screen announced that the flight was boarding. We quickly packed up and ran to the gate, but of course nothing was going on. Back all the way to the lounge, and then back to the gate again an hour later. Boarding was late, and then we sat on the tarmac for another 90 minutes due to an APU issue before finally taking off. The cabin/cockpit crew didn't handle the delay particularly well as far as offering useful info, but at least they were cheerful about it. Not that I wanted/needed anything, but I found it odd that no compensation in the form of free food/drink/tablets was offered on the flight due to there not being enough on board. You'd think with the delays they'd been having they'd have thought to haul some extra bottles of wine along just in case this wasn't one of the 20% of flights actually leaving on time.

Despite everyone being reasonably pleasant to deal with, there wasn't much of anything that was handled in a smooth manner, which I've only really fully realized after typing all this out. The YVR-LGW flight was great though, WS has always been very pleasant when everything is working as intended. Assuming I don't have too much trouble calling about proper compensation, this experience won't prevent me from booking WS again for a LGW flight, though I'll certainly keep an eye on the on time performance to make sure it's gotten better.

Last edited by eggsbenedict; May 27, 2016 at 12:21 am
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