Delay out of Dublin

Old Jun 19, 12, 5:19 pm
  #1  
Original Poster
 
Join Date: Dec 2010
Location: YYZ
Programs: Continental SE 2010, Air Canada Elite 2011
Posts: 82
Delay out of Dublin

Just back home from a trip to Dublin. The flight was supposed to be on Monday morning but after sitting on the plane for nearly 6 hours with an unhappy 20 month old toddler (as a series of technical problems were identified) we were de-boarded and sent off to a hotel for the night. We were scheduled to leave again on Tuesday morning at 8:30 but the plane took off around 10 (after trying to reconcile the passenger manifest).

We were emailed some discount coupons for 25% off another flight, which is the most I've seen offered but still seems little compensation for losing a vacation day.

European law seems to suggest that AC are on the hook for 600 Euros for international delays beyond 4 hours (for flights originating in Europe). Anyone have any experience with applying for the compensation.
soconn is offline  
Old Jun 19, 12, 6:08 pm
  #2  
 
Join Date: Oct 2010
Location: AKL
Programs: BA Silver, ANZ Gold, Hertz Gold
Posts: 468
Yep, write to the airline with a complaint, saying that you will be using your rights according to European law to claim for compensation. Usually they will then pay, if not you need to write to the authorities which is a lengthy process..

source: I've done it before
Mart81 is offline  
Old Jun 19, 12, 6:18 pm
  #3  
 
Join Date: Apr 2011
Location: YEG
Posts: 3,718
AFAIK and correct me if I am wrong but Mart81 is not correct...

The rules do not apply to an MX situation
hearna is offline  
Old Jun 19, 12, 6:35 pm
  #4  
FlyerTalk Evangelist
 
Join Date: Jun 2003
Location: YYC
Posts: 22,039
Originally Posted by hearna View Post
AFAIK and correct me if I am wrong but Mart81 is not correct...

The rules do not apply to an MX situation


Uh?
Stranger is offline  
Old Jun 19, 12, 6:42 pm
  #5  
Original Member
 
Join Date: May 1998
Location: Vancouver, Canada
Posts: 6,189
Wirelessly posted (Mozilla/5.0 (BlackBerry; U; BlackBerry 9780; en-US) AppleWebKit/534.8+ (KHTML, like Gecko) Version/6.0.0.448 Mobile Safari/534.8+)

Originally Posted by Stranger
Originally Posted by hearna View Post
AFAIK and correct me if I am wrong but Mart81 is not correct...

The rules do not apply to an MX situation


Uh?
I think Mart81 didn't actually do what he said he did.
KenHamer is offline  
Old Jun 19, 12, 6:42 pm
  #6  
 
Join Date: Apr 2011
Location: YEG
Posts: 3,718
Originally Posted by Stranger View Post
Uh?
I thought those where the exceptions to the rule, MX and weather.

Flight crew issues, late inbound, etc where the reason for the law in the first place. If an A/C is not safe to fly or if the weather interferes with normal operations those are hardly within the control of the airline....
hearna is offline  
Old Jun 19, 12, 8:01 pm
  #7  
 
Join Date: Sep 2008
Location: YVR
Programs: AC*SE-MM, BA Silver, Marriott Ambassador & lifetime Plat
Posts: 1,673
There's a questionmark over maintenance at the moment I think (as well as lots of other things), on which there's supposed to be a court ruling about two years ago. I'm still waiting on a decision on a complaint I filed in January 2010!

I would think that some maintenance problems are just bad luck, some are the fault of the airline.

Anyway, write to Air Canada. If/when you don't get your euro, you need to file a complaint with the Irish Aviation Regulator (as the flight originated in DUB). http://aviationreg.ie and look for the link to the complaint form on the right. Lots more info on entitlements there too.
Worst case, the Aviation Regulator rules you're not entitled to anything. Best case, it's 400 free euro.
krayZpaving is offline  
Old Jun 21, 12, 4:53 am
  #8  
 
Join Date: Oct 2010
Location: AKL
Programs: BA Silver, ANZ Gold, Hertz Gold
Posts: 468
Well you can find my story by looking for the thread "Wizzair Nightmare" in my history.

I got stranded at LTN for 16+ hours and according to EU law any flight under a certain (range I think it was 1300km or so) with such a delay is eligible to a 220€ compensation. I wrote 2 letters and eventually got that money in my bank account. It was easier than expected.

My flight was also disabled due to an engine failure (technical problems ...)
Mart81 is offline  
Old Jun 21, 12, 5:35 am
  #9  
 
Join Date: Apr 2009
Posts: 552
Originally Posted by hearna View Post
AFAIK and correct me if I am wrong but Mart81 is not correct...

The rules do not apply to an MX situation
Clearly Mart81 is correct and claimed and received the compensation due to them.

EU compensation for delay was brought in via precedent case law (Sturgeon v Condor):

http://eur-lex.europa.eu/LexUriServ/...7J0402:EN:HTML

You will note that mechanical and technical issues are excluded from being valid reasons for denying compensation, except in the most unusual of circumstances. The OP should make their claim accordingly of 600 euros per passenger.
Centipede100 is offline  

Thread Tools
Search this Thread
Search Engine: