Originally Posted by
SK AAR
First of all, based on the strict wording of EU Reg. 261/04 you are
not entitled to compensation for delay. Compensation is due for denied boarding and cancellations only. For delays you are entitled to care (food, hotel, phone call if needed).
http://eur-lex.europa.eu/LexUriServ/...01:0007:en:PDF
HOWEVER, some EU case law decisions have applied a more 'generous' approach to long/excessive delays (but clearly outside the wording of EU Reg. 261/04) and have granted compensation for long delays. The arguments are that longer delays are quite similar to cancellations and have the same effect.
If your delay was only approx. 4 hours, I doubt you were entitled to any compensation under EU reg. 261/04 and the compensation was most like granted
ex gratia by TG = you should be more than happy to receive EUR 300/pax
With due respect, this is incorrect. One is entitled to compensation for delays exceeding three hours. The ECJ has made that crystal clear in
Sturgeon and, for those who still entertained any doubt, confirmed that in the
Nelson case (sitting as a Grand Chamber no less in the latter case).
The ECJ is the ultimate authority in matters of interpretation of EU Law. If it says that one is entitled to compensation for delays over 3 hours under Reg 261/2004, then this is what Reg 261/2004 says, even if
SK AAR's own reading of the 'strict wording' of the Regulation (or anybody else's for that matter) is different.