Aug 24, 2022, 2:48 pm
Last edit by: flyingcrooked
AC Delayed/Cancelled Flight Compensation Threads
There are several threads on compensation for delayed/cancelled flights operated by AC.
If your question is about claiming compensation under EU or UK rules (a.k.a. EU261, EC261 or 'UK261'), this is the correct thread.
For information on which regime(s) you're eligible for compensation under, or which would be more favourable, please see: Air Canada Compensation For Delayed/Cancelled Flights
For information regarding APPR (Canadian regulations), please see: Claiming compensation from AC under APPR (Air Passenger Protection Regulations)
EU/UK 261:
- EU261 legislation predates Brexit, but post-Brexit the UK has retained the substance of the law; the UK version is informally known as UK261
- flights must be operated by an EU/UK carrier, or be departing the EU/UK (so any LH flight, anywhere, counts, but an AC flight counts only when departing the UK/EU)
- for claims under UK261, if you get nowhere with Air Canada you can file with AviationADR, an alternative dispute resolution service, this is relatively easy and there is no charge
- although EU Court rulings on the interpretation of EU261 are not binding on the interpretation of UK261, they are typically/often followed. For complicated or nuanced situations, the BA thread on EU261/UK261 is the most authoritative on flyertalk for EU/UK 261 issues.
There are several threads on compensation for delayed/cancelled flights operated by AC.
If your question is about claiming compensation under EU or UK rules (a.k.a. EU261, EC261 or 'UK261'), this is the correct thread.
For information on which regime(s) you're eligible for compensation under, or which would be more favourable, please see: Air Canada Compensation For Delayed/Cancelled Flights
For information regarding APPR (Canadian regulations), please see: Claiming compensation from AC under APPR (Air Passenger Protection Regulations)
EU/UK 261:
- EU261 legislation predates Brexit, but post-Brexit the UK has retained the substance of the law; the UK version is informally known as UK261
- flights must be operated by an EU/UK carrier, or be departing the EU/UK (so any LH flight, anywhere, counts, but an AC flight counts only when departing the UK/EU)
- for claims under UK261, if you get nowhere with Air Canada you can file with AviationADR, an alternative dispute resolution service, this is relatively easy and there is no charge
- although EU Court rulings on the interpretation of EU261 are not binding on the interpretation of UK261, they are typically/often followed. For complicated or nuanced situations, the BA thread on EU261/UK261 is the most authoritative on flyertalk for EU/UK 261 issues.
[Consolidated] Claiming EU261 Compensation from AC
Jul 6, 2021, 11:16 am
#136
A FlyerTalk Posting Legend
Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,353
So I swear I read something about some precedent being set that any flight on an ex-EU itinerary would be subject to a compensation ("One significant change happened in 2019, in that the CJEU allowed for the first time non EU sectors on non EU airlines to be potential" from https://www.flyertalk.com/forum/brit...61-2004-a.html)
I flew:
SK ARN-LHR
AC LHR-YYZ
AC YYZ-SFO
YYZ-SFO was cancelled, and I'm delayed way more than 6 hours. I'm pretty sure based on what I quoted above that this would be eligible for compensation, but I can't find the specific precedent other than that quote, and I have no experience dealing with these claims at all.
Any advice or pointers?
I flew:
SK ARN-LHR
AC LHR-YYZ
AC YYZ-SFO
YYZ-SFO was cancelled, and I'm delayed way more than 6 hours. I'm pretty sure based on what I quoted above that this would be eligible for compensation, but I can't find the specific precedent other than that quote, and I have no experience dealing with these claims at all.
Any advice or pointers?
Jul 6, 2021, 11:35 am
#137
Join Date: Feb 2011
Programs: WS Gold, AC 75K, Hertz PC, National EE, Hilton Diamond, Bonvoy Gold, Bills Mafia
Posts: 346
So I swear I read something about some precedent being set that any flight on an ex-EU itinerary would be subject to a compensation ("One significant change happened in 2019, in that the CJEU allowed for the first time non EU sectors on non EU airlines to be potential" from https://www.flyertalk.com/forum/brit...61-2004-a.html)
I flew:
SK ARN-LHR
AC LHR-YYZ
AC YYZ-SFO
YYZ-SFO was cancelled, and I'm delayed way more than 6 hours. I'm pretty sure based on what I quoted above that this would be eligible for compensation, but I can't find the specific precedent other than that quote, and I have no experience dealing with these claims at all.
Any advice or pointers?
I flew:
SK ARN-LHR
AC LHR-YYZ
AC YYZ-SFO
YYZ-SFO was cancelled, and I'm delayed way more than 6 hours. I'm pretty sure based on what I quoted above that this would be eligible for compensation, but I can't find the specific precedent other than that quote, and I have no experience dealing with these claims at all.
Any advice or pointers?
https://www.airhelp.com/en/
Jul 6, 2021, 12:13 pm
#138
A FlyerTalk Posting Legend
Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,353
Check your eligibility
https://www.airhelp.com/en/
https://www.airhelp.com/en/
Jul 6, 2021, 12:22 pm
#139
Join Date: Feb 2011
Programs: WS Gold, AC 75K, Hertz PC, National EE, Hilton Diamond, Bonvoy Gold, Bills Mafia
Posts: 346
The EU actually cares about passengers rights unlike in Canada. I know when I fly a complaint via the USDOT website the airlines will give me more compensation and faster.
Air Passenger rights are a joke in Canada. The most powerful body in the CTA is Air Canada lol.
Jul 6, 2021, 2:27 pm
#140
Join Date: Feb 2004
Location: USA
Programs: AC SE100K, F9 100k, NK Gold, UA *S, Hyatt Glob, Bonvoy Titanium
Posts: 5,198
Did you ask go thru Europe, Asia, or Mexico?
Sep 16, 2021, 5:27 pm
#141
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Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,353
I ended up submitting my claim through airhelp.com (note: they take a 35% cut).
AC cancelling a YYZ-SFO was just too far from "obvious EC 261" that I didn't want to have a massive back-and-forth with AC over it.
I'm still not convinced I'll get anything out of this. I'm sure this will end up in court (note: they take an additional 15% if court is required).
But €300 for 10 minutes of my time seems better than €600 for many many hours.
AC cancelling a YYZ-SFO was just too far from "obvious EC 261" that I didn't want to have a massive back-and-forth with AC over it.
I'm still not convinced I'll get anything out of this. I'm sure this will end up in court (note: they take an additional 15% if court is required).
But €300 for 10 minutes of my time seems better than €600 for many many hours.
Sep 24, 2021, 1:26 pm
#142
A FlyerTalk Posting Legend
Join Date: Sep 2012
Location: SFO
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AirHelp got it done. In hindsight, I think I could have done it myself. I figured AC would fight it too hard.
So uh my advice for others I guess is to try it yourself first, and only use a service if AC says no.
So uh my advice for others I guess is to try it yourself first, and only use a service if AC says no.
Sep 25, 2021, 8:18 am
#143
Join Date: Dec 2007
Location: Body in Downtown YYZ, heart and mind elsewhere
Programs: UA 50K, refugee from AC E50K, Marriott Lifetime Plat
Posts: 5,132
Oct 14, 2021, 12:03 pm
#144
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Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,353
I received a check yesterday for $703 USD. Pretty painless once it was all approved.
But a friend who was on the exact same itinerary was denied by AC. So not always painless.
But a friend who was on the exact same itinerary was denied by AC. So not always painless.
Oct 14, 2021, 1:08 pm
#145
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Join Date: Feb 2004
Location: YVR
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Posts: 35,255
Jan 14, 2022, 2:43 pm
#147
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Join Date: Sep 2012
Location: SFO
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Posts: 44,353
Am I eligible for EC261?
Jan 15, 2022, 9:46 am
#148
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Join Date: Jan 2002
Location: Canada
Programs: UA*1K MM SK EBG LATAM BL
Posts: 23,309
That is a lawyer question. I have no idea. But I can definitely see your argument for it!
In my case its XXX-LHR-YYZ with the first leg on a different airline. That flight is still a go. But AC first changed and then dropped the afternoon LHR-YYZ. Clicking view other flights does nothing.
I suspect the first airline would not let me go until the ticket is fixed.
As it is, this is a good opportunity to cancel for a refund for me, and use my backup ticket that day
In my case its XXX-LHR-YYZ with the first leg on a different airline. That flight is still a go. But AC first changed and then dropped the afternoon LHR-YYZ. Clicking view other flights does nothing.
I suspect the first airline would not let me go until the ticket is fixed.
As it is, this is a good opportunity to cancel for a refund for me, and use my backup ticket that day
Aug 1, 2022, 2:51 am
#149
Join Date: May 2003
Location: Washington, DC, USA
Programs: HH Diamond, Marriott Titanium, UA 1k.
Posts: 296
I'm quite unhappy with how AC has been handling the aftermath of my ATH-YUL-LAX travel in June this year.
Ticketed in J, ATH-YUL was delayed by an hour or so. Then YUL-LAX delayed by two hours. All-in-all, I got to LAX about 3.5h late. (Without one of my bags, which they eventually declared lost. But that's another issue.)
First segment was delayed because of a "security issue from an earlier flight which is causing the late arrival of the aircraft that is scheduled to operate your flight." Second segment, " due to additional time needed to board customers with a late connection or arrival and complete the check-in processes at the airport gate", then "due to additional time needed for health and safety initiatives." It was a mad house at YUL transit point.
I filed an EC261 claim with AC. They first denied it outright because "In this instance, the compensation you are requesting does not apply because the delay was caused by an event outside of our control." Baloney! I complained, second time they repeated this generic response, but also offered me 20% off future flight base fare as a "gesture of good will". Oh, sure.
Together with dealing with the lost bag, this is taking way too much of my time but I also do not want to give up. Any suggestions?
Ticketed in J, ATH-YUL was delayed by an hour or so. Then YUL-LAX delayed by two hours. All-in-all, I got to LAX about 3.5h late. (Without one of my bags, which they eventually declared lost. But that's another issue.)
First segment was delayed because of a "security issue from an earlier flight which is causing the late arrival of the aircraft that is scheduled to operate your flight." Second segment, " due to additional time needed to board customers with a late connection or arrival and complete the check-in processes at the airport gate", then "due to additional time needed for health and safety initiatives." It was a mad house at YUL transit point.
I filed an EC261 claim with AC. They first denied it outright because "In this instance, the compensation you are requesting does not apply because the delay was caused by an event outside of our control." Baloney! I complained, second time they repeated this generic response, but also offered me 20% off future flight base fare as a "gesture of good will". Oh, sure.
Together with dealing with the lost bag, this is taking way too much of my time but I also do not want to give up. Any suggestions?
Aug 24, 2022, 2:15 pm
#150
Join Date: Nov 2003
Location: YYZ
Posts: 1,675
I need to file for EU261 compensation with Air Canada, but (surprise, surprise) perusing their website does not yield an obvious mechanism for doing so. Can a kind should post a link to an online form or otherwise to info on where to submit the claim? Adam Smith , is there a way to put such a link in a sticky at the top of this thread?
Edited to add: I found this link for submitting a claim, but it doesn't give me the option to specify under which regulatory regime I want to pursue it... This is not a choice I want to leave in AC's hands.
Edited to add: I found this link for submitting a claim, but it doesn't give me the option to specify under which regulatory regime I want to pursue it... This is not a choice I want to leave in AC's hands.
Last edited by blue2002; Aug 24, 2022 at 2:42 pm Reason: link added