FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Air Canada | Aeroplan (https://www.flyertalk.com/forum/air-canada-aeroplan-375/)
-   -   [Consolidated] Claiming EU261 Compensation from AC (https://www.flyertalk.com/forum/air-canada-aeroplan/1582114-consolidated-claiming-eu261-compensation-ac.html)

yyz_atc_qq Jun 2, 2014 1:06 pm

[Consolidated] Claiming EU261 Compensation from AC
 
Hello.

a couple of co-workers were supposed to be on their way back from CDG today but the flight got cancelled due to mechanical, and they have been re-accomodated for tomorrow.

What is the procedure for claiming delay/cancellation compensation in accordance with EC 261/2004?

Thanks

QQ

yyz_atc_qq Jun 2, 2014 8:07 pm

134 views and no AC forum viewers have any experience with it???

Jasper2009 Jun 2, 2014 11:16 pm

What you need to do is send AC customer service an e-mail / letter asking for the compensation.

I usually send something along the lines of "flight 123 from abc to xyz was delayed on Jan. 1 due to a mechanical defect and I arrived at my final destination with a delay of x hours. Since the delay was within AC's control, I am asking for 600 Euros compensation in accordance with EU guideline 261/2004".

Keep it short and to the point.

Generally speaking most airlines refuse to pay any compensation claiming that mechanical issues are an extraordinary circumstance and that no compensation is due, so don't expect the airline to be overly cooperative, but sending a message to CS is the first step you need to take.

RTW1 Jun 2, 2014 11:23 pm

Or better yet, let your coworkers or your company TA do that....

yyz_atc_qq Jun 3, 2014 5:24 am

If the company TA does it, then likely the money will go back there.

I was hoping that someone had experience getting it.

I heard back from them this morning and they were handed a form, to complete online. Sadly the form gives me the impression that it will lead to an eMCO and the regs say that is only a choice if the passengers sign an agreement.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.


QQ

xray Jun 3, 2014 8:51 am

My experience was with LH (for downgrade compensation) and I sent them an email to their customer service address and got a nice big cheque a few months later. I referenced EU 261/2004 and that was that.

If i were one of your co-workers, I would send the email to AC without filling out the form for the eMCO (unless they want that).

flyquiet Jun 3, 2014 9:09 am

I had a luggage issue that was ex-EU, and I submitted a complaint about it to AC, which they denied, and I objected to the denial, and they sent me a token blow-off amount, and I objected again citing my understanding of the EU law and asking them to clarify their understanding, and they wordlessly sent me a cheque for the difference. There was no "procedure" in my case, just a series of correspondences in which reference to the EU law came up.

Gus2013 Jun 3, 2014 11:39 am


Originally Posted by yyz_atc_qq (Post 22969695)
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
QQ

I put the important words in bold. It is standard operating procedure for pretty much every airline to stonewall, offer 5% coupon, etc. in response to these claims. Know your rights under the law and do not accept anything less than what you are entitled to (money, not gift certificates).

If you get nowhere after many tries, get an attorney who will send them a letter... asking for due compensation plus his/her fees.

drumbo Jun 3, 2014 12:12 pm

A naive question, to which I almost know the answer, but still:

Is the EU261/2004 only available for flight disruptions originating from the European Union? Also does the /2004 mean that this directive was implemented in 2004? :confused:
thanks drumbo:)

hearna Jun 3, 2014 12:21 pm


Originally Posted by drumbo (Post 22971923)
A naive question, to which I almost know the answer, but still:

Is the EU261/2004 only available for flight disruptions originating from the European Union? Also does the /2004 mean that this directive was implemented in 2004? :confused:
thanks drumbo:)

Yes the law started in 2004
Yes it is only for flights originating in the EU on foreign carriers like AC, and to both directions of travel for EU registered airlines.

Skyborne Flyer Jun 3, 2014 2:13 pm

Also consider tacitly mentioning the potential of legal action in case of non compliance and fines levied by EU authorities to the tune of 10k per pax in the case of wrongfully denied compensation, that tends to spur things along.

jeffypop75 Jun 4, 2014 11:59 am

I was also on this flight and filed a claim today for both me and my companion. We'll see what happens! AF was 1J1Y and the concierge offered me a seat but he really needed to return home so I asked her to give him my seat. He ended up in Y because of no status so at the very least I hope we can get the difference in miles for the segment (we were on AP tickets). He actually only got home 2 hours before me because of a misconnect at YUL and had to overnight there.

BrotherBranwell Jun 4, 2014 3:01 pm

I had one experience trying to claim against AC under the EU regulations for a flight that went mechanical. AC made things as difficult as they possibly could and resisted at all costs. There are agencies out there that can assist in this regard for a portion of the proceeds.

Often1 Jun 4, 2014 7:05 pm


Originally Posted by Gus2013 (Post 22971700)
I put the important words in bold. It is standard operating procedure for pretty much every airline to stonewall, offer 5% coupon, etc. in response to these claims. Know your rights under the law and do not accept anything less than what you are entitled to (money, not gift certificates).

If you get nowhere after many tries, get an attorney who will send them a letter... asking for due compensation plus his/her fees.

Fees aren't payable. Take a look at EC 261/2004.

AC will stonewall because they know that you are not in the EU and that you will likely have to retain one of the legal "mills" which take a hefty chunk of the compensation as a fee. Hence, most people on this side of the pond settle for a lot less and not in cash.

rankourabu Apr 6, 2015 9:53 am

Unsurprisingly, AC is denying any existance of EU261 today at LHR apart from issuing £10 meal vouchers for a 4+ hour mechanical delay....

Probably will have to resort to the above mentioned legal mills


All times are GMT -6. The time now is 3:35 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.