flyingcrooked

Wanted to pass on some details from a recent, successful claim invoking EU261 (well, the UK version), as they may benefit others and haven't been mentioned upthread I think.

Was booked EDI-YYZ-YOW back in May, with a 9am departure and 2pm arrival. About 6 days before the flight AC cancelled the EDI-YYZ flight and rebooked me the same day EDI-FRA-YYZ-YOW, with the first segment on LH and a 6am departure. I filed for compensation citing EU/UK261, which requires compensation given my new departure time was more than an hour earlier than originally scheduled. I got a reply saying I wasn't due compensation because my arrival in Ottawa wasn't delayed. I replied pointing out the exact part of the UK law that requires compensation for an early departure and the agent basically told me to go pound sand, no delay = no compensation. I don't know whether he really was ignorant of the law that binds AC in this case (bad) or was just lying (also bad).

I finally got around to filing with AviationADR in late October, specifically mentioning the law plus an EU court ruling that interpreted the regulation as requiring a 520GBP instead of halved compensation of 260GBP (which some readings of the law would suggest). The EU ruling is not binding in the UK but a UK court could be persuaded by the same reasoning. The process with AviationADR was very simple and costs nothing.

Just today got an email from AC saying that upon further review, they are sending me 520GBP ($870 CAD).

I strongly suggest AC flyers considering EU/UK 261 issues should consult the BA thread on compensation for anything that isn't straightforward. Folks there were immensely helpful, e.g. pointing out the EU ruling and suggesting I pursue 520GBP rather than 260GBP, which I'd been inclined to do based on how I read the law!