Air Canada won't pay out...

albertc30

Mark2spark wrote: »

Hold fire Albert!!
In order to comply with court pre action protocols, you have to give them notice (NBA) (14 days) that if they don't cough up then you're off to court.
NBA template in the FAQ's.
Also quote the More case to them as part of this NBA.
The More case quite clearly states that the EU261 reg operates before the Mont Conv.

I finally know where the FAQ are but this More case you have mentioned I have failed to see it.

Please advise as I am building my case and it would be great to have this also attached to my NBA.

Thank you all.

albertc30

Hello all.

Guess what?

Here's the e-mail from Air Canada after being served with a NBA.

"Thank you for your most recent correspondence. We appreciate your patience while waiting for our response.

It is Air Canada's position that the action for the right to damages must be brought within a period of two years. This is outlined in the Montreal Convention which the ticket was subject to. For your review, I have extracted Article 35 as follows:

Article 35 - Limitation of actions

1. The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

However, without admission, we are offering compensation as outlined in this instance, you are entitled to the Right to Compensation as outlined in Article 7 of the Regulation(EC)261/2004. Specifically, you shall receive the compensation equivalent to EUR600.00 based on the distance of the flight and the re-routing to your destination which did not exceed the scheduled arrival time of the flight originally booked by four hours.

Therefore a cheque in the total sum of GBP 1028.00.00 (EUR1200.00) will be mailed out to you in full and final settlement of your claim. This amount will be is issued for both passengers.

Once again on behalf of Air Canada our sincere apologies are re-iterated for the inconvenience caused to you in this matter.

Thank you for contacting our office and choosing Air Canada.
"

Thank you all for your support and much appreciated help.

It's funny that they are still not admitting to the EU261 regulation yet they are paying out rather than going to court. I wonder why?

In the end well worth it.

Thanks all.

Vauban

Well done Albert. Astonishing that the airline has paid out to you, even though - as they kindly explain - you really had no case at all. They're kinder than Mother Theresa, gawd bless 'em.

albertc30

Vauban wrote: »

Well done Albert. Astonishing that the airline has paid out to you, even though - as they kindly explain - you really had no case at all. They're kinder than Mother Theresa, gawd bless 'em.

If I had no case why did they pay out after being served with a NBA?

The rules clearly states that the EU261 regulation comes before the Montreal Convention and claims have been awarded in the small claims court, the More case for example, where the judge has clearly mentioned that the Montreal Convention has no effect here in the UK but the EU261 where it states 6 years for UK.

I'm well chuffed really.

Mark2spark

albertc30 wrote: »

I finally know where the FAQ are but this More case you have mentioned I have failed to see it.

Please advise as I am building my case and it would be great to have this also attached to my NBA.

Thank you all.

It's in the FAQ's under 'More' Albert

http://forums.moneysavingexpert.com/showpost.php?p=57419493&postcount=3208

albertc30

I have founded already, thank you.

All this is done and dusted now.

Many thanks for all of your help.

Regards and a very nice weekend to all.

Albert