Flight Compensation - Rights under Section 75

agrinnall

Caz3121 wrote: »

me too (although I don't have much confidence it successful claim) - there must be 1,000s of WOW, Monarch, Air Berlin etc that would have been due EU261 compensation had the airlines not gone bust....not heard anybody mention receiving EU261 under S75.

for info Vauban's Guide (referenced on flight delay board) states - Is the airline is still in business, or has been taken over by another company? (If it went bust, you have no claim.)

That's a different situation though, the OP's claim is for a flight that was delayed while the airline was still in operation but ceased to function before the claim could be paid. It's probably reasonable that EU261 wouldn't apply to delays because the airline went bust and ceased to fly.

Ben8282

I disagree. I do not believe that there has been any breach of contract (there is NO WAY that any airline would guarantee to operate their flights on time) so s75 would not apply.
The airline has transported the passenger to their destination, albeit later than advertised, so have fulfilled their obligations under the transportation contract and have therefore provided the service paid for.