Originally Posted by
deissi
Mpkz, I am not sure whether you are more familiar with Hong Kong law than I am, but I would be surprised if it is not possible to invoke EU legislation in Hong Kong.In accordance with conflict of law rules (and choice of law clauses), it is entirely ordinary that a court in, say, Nepal will apply the laws of a foreign jurisdiction such as EU/Finland. Whether or not the court in Hong Kong will have jurisdiction is a matter of Hong Kong law, and the OP may also face difficulties in enforcing a HK award against Finnair.
As far as the 3 month limitation goes under Nordic law, Finnair's position is not entirely without merit. There is of course no such thing as "Nordic law", but Finnish contract law is to a great extent similar to the other contract laws of other Nordic countries. The
Swedish Supreme Court has held that a passenger must submit a notification (fi:
reklamaatio / sv:
reklamation) of his/her delay claim to the airline within a reasonable period of time (and that 2 months is always a reasonable period of time). Failure to submit a notification results in the passenger forfeiting his/her right to compensation. This is what Finnair is referring to when refusing to pay out.
It should be emphasized that this is a Swedish Supreme Court ruling, and is as such not directly applicable under Finnish law / before a Finnish court.
IANAL (funny acronym), my experience with HK law consists only of having lived there, never had to use the court system. You may be correct. Apparently the consumer council in HK has helped HK customers get full refunds (but it is not clear how this happened:
https://www.scmp.com/news/hong-kong/...le-it-yourself). Seems very unlikely though that you could try to extend the claim period by claiming that HK law applies to the time limitations but Finnish law to the compensation (not that the Swedish court ruling really teaches you anything other than 2 months is always ok and 2 years 3 months is too long... in Sweden).