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Another EU261 query

  • 05-08-2024 2:35am
    #1
    Registered Users, Registered Users 2 Posts: 12,620 ✭✭✭✭


    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?



Comments

  • Registered Users, Registered Users 2 Posts: 2,646 ✭✭✭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"



  • Moderators, Business & Finance Moderators Posts: 6,760 Mod ✭✭✭✭Sheep Shagger


    This.

    For compensation, travel insurance should cover it.



  • Registered Users, Registered Users 2 Posts: 3,455 ✭✭✭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.



  • Registered Users, Registered Users 2 Posts: 889 ✭✭✭doctorchopper


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



  • Registered Users, Registered Users 2 Posts: 12,620 ✭✭✭✭DrPhilG


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



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  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭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.



  • Registered Users, Registered Users 2 Posts: 707 ✭✭✭Lockheed




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