Another EU261 query

DrPhilG

Situation:

Flying back from Calgary to Dublin on Westjet (Canadian airline) flight. Originally booked direct, that ended up cancelled and changed to a connection in Toronto.

Flight from Calgary was delayed due to "Air traffic control restrictions". Delayed by an hour, so we missed our connection by 20 minutes.

Went to the Westjet desk, they've rebooked us on an Aer Lingus flight tomorrow, but offered nothing else. No accommodation, no voucher, no compensation. Reason being that the ATC restriction was beyond their control.

Do I have any grounds for a claim or are they right?

California Dreamer

I can't see how EU261 would apply to a Canadian airline with a flight originating in Canada with delays in Canada.

"The regulation applies to any passenger:

• departing from an airport located in the territory of a Member State to which the Treaty applies;
• departing from an EU/EEA member state, or
• travelling to an EU/EEA member state on an airline based in an EU/EEA member state"
  
  

Sheep Shagger

https://www.boards.ie/discussion/comment/122465505#Comment_122465505

This.

For compensation, travel insurance should cover it.

davetherave

There is an ECJ ruling on the reverse, that states that a flight with connections that is booked as a single unit, on a single booking code, counts as a single flight. In this case it was Berlin —> Casablanca, Moroco and Casablanca, Morocco —> Agadir, Morocco. All on Royal Air Maroc booked as a single booking, not two singles. The first flight left late and she missed the second flight in Morocco

On those grounds, the Court (Eighth Chamber) hereby rules:

Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that the regulation applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft.

doctorchopper

Canada has their own version of Eu261, might be worth checking into https://rppa-appr.ca/eng/compensation-flight-delays-and-cancellations

DrPhilG

https://www.boards.ie/discussion/comment/122484480#Comment_122484480

Same issue, doesn't apply when the delay was caused by ATC.

Board Walker

• the passenger is travelling on a free or discounted ticket not available to the general public, other than a ticket obtained from a frequent flyer programme.

other than… does that mean you get it if you got your ticket from frequent flier?

I did save and use my points.

Lockheed

https://www.boards.ie/discussion/comment/122505421#Comment_122505421

Yes