Aug 24, 2022, 2:48 pm
Last edit by: Adam Smith
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 rules (a.k.a. EU261 or EC261), 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)
There are several threads on compensation for delayed/cancelled flights operated by AC.
If your question is about claiming compensation under EU rules (a.k.a. EU261 or EC261), 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)
[Consolidated] Claiming EU261 Compensation from AC
Jun 2, 2014, 1:06 pm
#1
Original Poster
Join Date: Dec 2005
Location: YYZ most of the time
Programs: AC SE100K MM, Princess Elite
Posts: 3,921
[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
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
Last edited by Braindrain; Jul 5, 2018 at 11:46 pm Reason: Fixed reference
Jun 2, 2014, 11:16 pm
#3
FlyerTalk Evangelist
Join Date: May 2009
Location: FRA / YEG
Programs: AC Super Elite, Radisson Platinum, Accor Platinum
Posts: 11,874
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.
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.
Jun 3, 2014, 5:24 am
#5
Original Poster
Join Date: Dec 2005
Location: YYZ most of the time
Programs: AC SE100K MM, Princess Elite
Posts: 3,921
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
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.
Jun 3, 2014, 8:51 am
#6
Join Date: Apr 2003
Location: YYZ
Programs: AC E75K, Amex Plat, NEXUS, Aman-user (not really a -junkie)
Posts: 1,721
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).
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).
Jun 3, 2014, 9:09 am
#7
Join Date: Aug 2012
Programs: AC E35K, NEXUS
Posts: 4,368
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.
Jun 3, 2014, 11:39 am
#8
Join Date: Dec 2013
Programs: AC, A3*G AB-G
Posts: 155
If you get nowhere after many tries, get an attorney who will send them a letter... asking for due compensation plus his/her fees.
Jun 3, 2014, 12:12 pm
#9
Join Date: Mar 2005
Programs: AC SE100K, 2MM, Bonvoy LTTE, HH Diamond
Posts: 323
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?
thanks drumbo
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?
thanks drumbo
Jun 3, 2014, 12:21 pm
#10
Join Date: Apr 2011
Location: YEG
Posts: 3,717
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.
Jun 3, 2014, 2:13 pm
#11
Join Date: Nov 2010
Location: ZRH/YXU
Programs: A3*G, OZ*G, OW Sapphire
Posts: 526
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.
Jun 4, 2014, 11:59 am
#12
Join Date: Oct 2006
Location: YYZ
Programs: AC SE100K 1MM, IHG Spire, Hertz PC, Avis Preferred Plus
Posts: 162
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.
Jun 4, 2014, 3:01 pm
#13
Join Date: Mar 2013
Posts: 252
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.
Jun 4, 2014, 7:05 pm
#14
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
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.
If you get nowhere after many tries, get an attorney who will send them a letter... asking for due compensation plus his/her fees.
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.
Apr 6, 2015, 9:53 am
#15
FlyerTalk Evangelist
Join Date: Jan 2002
Location: Canada
Programs: UA*1K MM
Posts: 23,297
Unsurprisingly, AC is denying any existance of EU261 today at LHR apart from issuing Ł10 meal vouchers for a 4+ hour mechanical delay....
Probably will have to resort to the above mentioned legal mills
Probably will have to resort to the above mentioned legal mills