Originally Posted by
hughw
Well, I received what I would consider an unresponsive response to the claims that I filed on line using the form provided. The response offered a 15% discount on a future flight and claimed that the delay was caused by Canadian airspace being closed to 737 MAX aircraft and that has disrupted the schedule, and as such the flight was operated by AC Rouge. Problem is that the flight they're speaking of which was originally on a 737MAX BOD-YUL was actually on time to YUL.... it was the connecting flights that were cancelled and delayed impacting arrival at the final destination of BOS. Any suggestions on how to pursue this further? email to customrelations? letter to corporate offices?
I received an additional response denying the claim (see below) saying that the delay was due to the AC connecting flight YUL-BOS and not the original flight from the EU community....true.
Air Canada submits that flight from Montreal to Boston on 2019/07/12 is not under the Scope of the EU Regulations 261/2004. Air Canada is not a Community carrier and this flight was departing from Canada and not the EU. In cases where flights are not operated by Community carriers, the EU Regulations 261/2004 applies where passengers are departing from an airport located in the territory of a Member State to which the Treaty applies.
.this is in direct contradiction to EU Court of Justice rulings (Wegener et al) that clearly state the opposite per quote from the court below...Before turning to a third party, is there any path within AC to escalate the claim? letter to the CEO?
By today’s judgment, the Court states, first, that a flight with one or more connections which is the subject of a single reservation constitutes a whole for the purposes of the right of passengers to compensation provided for in the regulation on the rights of air passengers. Accordingly, connecting flights of which the first flight was performed from an airport located in the territory of a Member State, in this case Prague, fall within the scope of that regulation even if the second of those connecting flights was performed by a non-Community carrier from and to a country which is not an EU Member State.”