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-   -   Chance for compensation EC261? (https://www.flyertalk.com/forum/swiss-international-air-lines/1981257-chance-compensation-ec261.html)

Mr.Potato Aug 2, 2019 5:11 am

Chance for compensation EC261?
 
Hi,

Before starting a fight with LX, I wanted to know whether anyone faced the same type of delay and was successful in claiming EC261.

Booked on YQB-YUL-VIE-ZRH with AC-OS-LX I was rebooked on YQB-YUL-GVA-ZRH on AC834-LX2809 due to planned delay of my first AC flight from YQB, that ended-up flying on time, but I don't think it is relevant for the matter at stake. Anyway, on my new itinerary, planned arrival was 11.55 in ZRH. AC834 to GVA took off with 2h40 delay (due to technical reasons on the plane inbound from YYZ) and I missed my connection in GVA. I was rebooked on LX2811 smoothly, that landed in ZRH at 16.00 with exactly 4h05 delay on my planned arrival. I claimed the 600€ compensation to LX that denied it and redirected me to AC because they are responsible for the original delay.

My understanding was that the last carrier on a journey was responsible for compensation, but I also know that for intra-CH flights, EC261 might not apply, and certainly does not apply to AC (since it is not a EU carrier). Is it worth to fight LX on this, and on what ground?Should I directly get in touch with one of these recovery companies? Or should I get in touch with AC and enjoy whatever they might offer me?

Thanks a lot for your insights and help.

SWISSBOBBY Aug 2, 2019 5:30 am

If i have undersood correctly

AC834 from YUL - GVA was delayed by 2h40 leaving YUL, this caused a missconnect in GVA
you were rebooked on LX 2811 instead of the LX2809 which meant you arrived in ZRH 4h05 late.

As I see it your delay was caused by AC 834 which is operated by Air Canada from outside the EU.
This means that you are not entitled to compensation as out lined in EU 261.

EU 261 applies the all EU register airlines including LX and all none EU airlines when departing from the EU & CH

as Air Canada is not an EU airlines and YUL is outside the EU and this is where the delay was caused then sorry

chris63 Aug 2, 2019 9:56 am

No compensation due under EU261 since your delay originated outside the EU & on a non EU carrier.


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