Fuelling Issue Delay - any chance of refund

Plashet30

On 23rd July my flight from Heathrow to Calgary took off and landed over 4 hours late due to the late arrival of the incoming flight to Heathrow caused by a "Fuelling Issue" at Calgary Airport. Air Canada are refusing compensation as they say it was the airports fault and they are not liable citing the EU Directive 216/2004 article 5 paragraph 3. They also did not advise me of the delay until I reached Heathrow even though the Company knew the aircraft would not be ready to take off at the scheduled time. On first arriving at Heathrow the departures board stated that there would be a 2 hour delay and then nearer to the original scheduled time this delay was extended by a further 2 hours.The Airline also did not supply free refreshment vouchers or free telephone calls as required under article 9 of the said Directive. Does anyone have any thoughts as to whether I have a valid claim?

Caz3121

start here and you will see how to proceed
https://forums.moneysavingexpert.com/discussion/5173888

Plashet30

Thanks for your quick reply Caz3121. Having read Vaubans guide I cannot see any reference to a "Fuelling Issue" in extraordinary circumstances and that's what Air Canada are quoting me as causing the delayed flight from Calgary. They say it is the airports fault and out of their control. The nearest that I could see that would nullify the Airlines case is in the Judgements section, especially the Eglitis Judgement 2011, do you think I could claim using this?