Compensation for delayed flights Discussion Area

JPears

You are correct, medical emergency (if indeed there was one ) on previous flight is probably not an EC.

Justice13075

EuClaim won't take this on not because there isn't a claim there is, but that WestJet don't have a office in the UK

DrA_Harrogate

As m'learned colleagues have pointed out compensation is very likely to be due in this case. I observe, however, that the airline is Canadian with no UK presence I can find. Vauban's Guide refers to Dr Watson's good advice re European airlines but not ones from other countries. So how would the claimant, or indeed a nwnf lawyer, pursue their case? What prevents Westjet from ignoring the whole thing?

PS I had a recent flight with Vueling (me neither) which had a bit of a delay and my goodness me they bust a gut to speed things up and duck under the limit.

Justice13075

So EU law does not cover all airlines that fly out of Europe only airlines which have offices in Europe.

JPears

The lesson for today therefore is, if the airline has a poor history of delays, cancellations and denied boarding AND doesn't have EU premises - don't book....

DrA_Harrogate

I did suspect as much. The question is not of liability, but enforcement.

sje_111

My wife flew Swissair to New York via Zurich.


The originating flight from UK was on time, however the connecting flight to NY landed slightly more than 3 hours late.


All Swissair gave was a voucher for £150 off claiming that as they are not in the EU, the EU legislation didn't apply- fine if she wants to use this airline again.


We suggested that as the journey (rather than the 2nd flight) originated in the UK it was subject to the EU regulation regarding compensation but they did not budge.


Any thoughts would be welcome please.

Justice13075

SJE_111

I believe they are wrong. I found this on the Citizens Advice Bureau web site.

For the EU law to apply, one or both of the following must apply:

your flight is departing from the UK, European Union (EU), Iceland, Liechtenstein, Norway or Switzerland

Quite clear me thinks.

nsnoweandrews

Hi All,

I have checked and the NWNF sites all except EUclaim say i am due compensation, westjets flight number WAS indeed recognised in those ones i tried and hence i feel i really have nothing to lose, but.. hey if the flight with the medical emergency was on a PRECEDING flight then I cannot see that their excuse for no compensation is valid as the plane we got on was not the one with the ME.

Justice13075

EcClaim also say you are due compensation but because Westjet don't have an office in the UK they won't take it on. There lies your problem. Do Bott & Co say they will take it on if so it is probably best to go with them otherwise you will have serious problems trying to do this yourself. 70% of something is better than 0% of nothing.