Flight delay compensation, US and Canadian Airlines

mummytofour

It's only for EU regulated flights

An EU flight is where the flight departed from an EU airport, regardless of the airline, OR where an EU airline landed at an EU airport. Under this law, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.

So a delayed Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you are entitled to compensation flying Virgin or KLM, but not on Air India.

111KAB

Ah apologies - however Iceland Express do not appear to be an EU (still listed) airline but suppose that is the place to start as if recognised as an EU carrier and Iceland is appropriate for a 261/2004 claim your 11 hour delay from Canada to Iceland should attract compensation.

fifeken

As Iceland Express no longer exist, you may have to send any claims to WOW airlines, who took them over a couple of years ago.

Alan_Bowen

Not sure that WOW took over Iceland Express, my understanding is they took on some of the routes but not the airline, and specifically not the liabilities, so don't be surprised to get a letter saying 'sorry'

David_e

Alan_Bowen wrote: »

Not sure that WOW took over Iceland Express, my understanding is they took on some of the routes but not the airline, and specifically not the liabilities, so don't be surprised to get a letter saying 'sorry'

Suspect you are right, Alan. Wow website says "In October 2012 WOW air took over the flight operations of Iceland Express" which is subtlely different from taking on the business - liabilities and all.

[Deleted User]

Can anyone give me any advice - I think I have a claim, but after reading FAQs and lots of posts, I cant quite find a delay like mine.

Flew last month to Fort Myers, Florida. Indirect flight connecting in Dallas. Booked through BA but carrier was American Airlines on a codeshare.

Took off on time, advised of a flying time of 9 hours to Dallas (as expected). After 7 hours on first flight told that due to strong winds, we now needed to divert via Chicago to refuel (seems unlikely).

Rushed to clear immigration at Chicago and then put back on a different plane (so not a simple refuel) to continue to Dallas. Just as about to taxi to runway, told there was a problem with tyre. Got off and this all took another couple of hours. Finally landed in Dallas 5.5 hours late so missed connecting flight to Fort Myers, with no more available till next morning.

Worse than that, told on arrival at Dallas that local were full. Was given a list of other hotels to try and a voucher for dinner but we didnt have a phone and then all the staff disappeared. Ended up spending night on floor (with two kids). Luggage kept by AA so no change of clothes or personal effects.

Finally arrived 16 hours late, didn't make use of our hotel booking in Fort Myers.

What compensation should I claim for?
Thanks for reading!

David_e

[quote=[Deleted User];66311636]What compensation should I claim for? [/QUOTE]

"Strong winds" looks like a weather issue (!) so you may well struggle for a starting point. You say the tyre problem was "a couple of hours" so that doesn't necessarily give you a killer 'technical issue' lengthy delay argument. The 16 hour (total) delay seems mainly due to lack of alternative flights from Dallas. Could they have brought in a spare plane when you got to Dallas less than 6 hours late?

I'd speak to a no win no fee firm; your case doesn't (to me) look as straightforward as some.

Vauban

As David says, could be complicated. Strong winds themselves don't necessarily get them off - particularly if they under fueled the plane. But not straightforward at all.

[Deleted User]

thank you both.

I thought the refueling sounded a bit iffy, as early on in the flight they did tell us we would arrive a little bit early.

At Chicago they then changed the plane we were on rather than refueling it (they made us get off and go through immigration).

Then when second aircraft was finally ready to take off after tyre replaced, they had no idea who was on board as they had rerouted some people. They did countless passenger calls. I think the arrival in Dallas was almost 6 hours - more due to tyres and passengers whereabouts more so than the diversion.

heatherw_01

Bumping, please do post on the correct thread