Flight delay compensation, all other non-EU airlines

jonnywoods

EUClaim said I couldn't claim, but didn't specify the reason.

Bottonline said the following:

Sorry, it looks like you can't claim

We're sorry but our data shows that this is not a flight we can offer a no-win no-fee service on. If you still want to take this up with the airline then download our free claim letter template here.

Our data shows that your flight arrived less than 3 hours late. However, as good as our data is, there can be times when something is missed. Therefore, if you have any information or evidence which shows that your flight was indeed delayed for more than 3 hours, we'd be happy to look into this for you.


In actual fact my flight was delayed by 26 hours. My question really is whether or not Air Caraibes would fall under the EU regulations?

jonnywoods

I spoke to Bottonline on the live chat, and they said they couldn't help because the flight didn't take off from an EU country. So no help from there at all.

Justice13075

I Think what they are saying is although they may be part of Air France they are not registered in Europe so they are outside of Eu legislation unless they fly from Europe and not to Europe. Looks like no claim.

jonnywoods

Are they part of Air France? I haven't seen that info anywhere

Justice13075

My mistake they are not owned by Air France

jonnywoods

No worries. So from what I understand, we were flying to the EU, on an EU-owned airline... so I have a claim?

Vauban

jonnywoods wrote: »

No worries. So from what I understand, we were flying to the EU, on an EU-owned airline... so I have a claim?

Not sure how you understand that. It is not an EU airline - it's HQ is located in a French overseas territory (not the EU). So non-EU airline flying from non-EU airport = no claim.

Justice13075

I think the clue is in the replies from Bott and EuClaim. Although they are a French company they are not registered in Europe but in Guadeloupe so are not covered by Eu regulations if flying into Europe. If you had been delayed flying from Europe you would be able to claim compensation. So no compensation due Sorry.

jonnywoods

Vauban wrote: »

Not sure how you understand that. It is not an EU airline - it's HQ is located in a French overseas territory (not the EU). So non-EU airline flying from non-EU airport = no claim.

I just have to say this... and forgive me if I've taken this the wrong way. Any time I post on this website (which is rare), I encounter sarcasm and arrogance beyond belief. People seem to be so smug. The reason I "understand" that Air Caraibes is an EU airline is that they are French-owned, and their HQ (Guadeloupe) is part of the EU. I'm no expert, that's why I was asking for advice, but is it not reasonable to assume that an EU country may follow EU regulations?

Vauban

jonnywoods wrote: »

I just have to say this... and forgive me if I've taken this the wrong way. Any time I post on this website (which is rare), I encounter sarcasm and arrogance beyond belief. People seem to be so smug. The reason I "understand" that Air Caraibes is an EU airline is that they are French-owned, and their HQ (Guadeloupe) is part of the EU. I'm no expert, that's why I was asking for advice, but is it not reasonable to assume that an EU country may follow EU regulations?

I don't follow how what I've written is either sarcastic, smug or arrogant - I didn't understand why you were concluding you had a claim, in light of the advice you had got from Botts and the others who took the trouble to comment on your thread. In fact I still don't.

Where you are flying to is largely immaterial for the application of the Regulation. The basic position is that all EU airlines are covered flying to or from Europe, as are all airlines flying from an EU airport. So your claim in law is essentially dependent on whether Air Caraibes is registered as an EU airline.

I'm not an expert on this, but I do know that the application of EU law to specific non-European territories is super complicated. As a rule, most are NOT covered. Indeed nor are some of the UK Crown Dependencies like the Isle of Man or Channel Islands. However, having done a bit of research this morning, I can see that Guadeloupe does have a specific special arrangement and is covered by the Regulation:

"On the other hand, under Article 355 of the TFEU, the provisions of the Treaties do apply to French overseas depart! ments, namely Guadeloupe, French Guiana, Martinique, R!union Island, Mayotte as well as Saint-Martin, the Azores, Madeira and the Canary Islands. Therefore, these territories are part of a Member State to which the Treaty applies within the meaning of the Regulation."

But I think this leaves you with two problems. One is whether an airline registered in Guadeloupe is actually still classed as an EU airline, the above notwithstanding. You might just have to write to them and see what they say.

The second issue is that if they decline your claim your legal options are limited. There is no UK court jurisdiction as you didn't fly to or from a UK airport. Assuming the airline has a presence in Paris, you might be able to use a French court - but that would be super tricky, obviously. I'm not sure that you could use the ESCP in these circumstances either.

I wouldn't bother with Resolver - just email their customer services and see what they say.