Are non-EU airlines operating in Europe subject to EU rules re consumer rights?

rattymother

I have asked Air Canada for a refund as per EU rules and CAA guidance as they have cancelled my flight from Heathrow to Calgary.  They have refused by saying as Air Canada is not a european airline they are not subject to EU rules.  Does anybody know if this is correct?  Both EU and CAA say if a flight is cancelled and starts or ends in Europe it is subject to EU law.  So, is this wrong?  Thanks for your comments.

Life__Goes__On

To fly out of the EU they have to agree to follow EU  rules.
Canadian airlines seem to be refusing cash refunds, some people are using their payment card to claim the cash back

Westin

The Canadian airlines however seem to be following the advice from their own Canadian government and transportation commission which allow for credit vouchers to be given instead of a cash refund.   The EU regulations say differently, although even EU carriers have decided to thumb this obligation and the EU commission are turning a blind eye.  As LGO mentions Air Canada are under the obligations of EU261/2004 for the ex UK operating flight but gaining satisfaction from this at the moment will be difficult.  The poor passenger is currently trapped in between an airline that does not wish to or can not financially afford to pay refunds, EU regulations not fit for purpose and being ignored anyway and the Canadian authority which Air Canada will be more aligned to, saying a credit voucher is acceptable.

ic

My Air Canada flights have been rerouted so as to originate from London instead of Manchester, after Air Canada cancelled their summer schedule (i.e. all of 2020) for Manchester.  I'd initially raised a chargeback on my Amex, but that has been challenged, so I've today raised a Section 75 dispute instead.

Looking at the EU rules, I'm presuming these are the relevant parts that apply (and have cut out the other bits):

Article 1

Subject

1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:

(b) their flight is cancelled;

Article 2

Definitions

For the purposes of this Regulation:

(l) "cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved.

Article 3

Scope

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

2. Paragraph 1 shall apply on the condition that passengers:

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

Article 7

Right to compensation

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

So in all this, they can only get you to accept refund via vouchers with your signed agreement.  They certainly don't have that from me.  If I need to, I'll be quoting all this in my comms with Amex to support my S75 claim.

Life__Goes__On

ic said:

So in all this, they can only get you to accept compensation via vouchers with your signed agreement.  They certainly don't have that from me.  If I need to, I'll be quoting all this in my comms with Amex to support my S75 claim.

You won't get any compensation, what you want is a refund (reimbursement).

macman

Compo is additionally payable under EU 261/2004 if they cancel your flight with less than 14 days notice. We don't know if that applies to the OP or not in this case.

bradders1983

Doubtful..

Life__Goes__On

macman said:

Compo is additionally payable under EU 261/2004 if they cancel your flight with less than 14 days notice. We don't know if that applies to the OP or not in this case.

That's the second time you stated that today.
Is there some sort of parallel universe where COVID-19 doesn't exist?

macman

I'm not aware that the EU has passed any emergency legislation under COVID-19 that removes your rights under EU261/2004? If they have, please link to it and I'll happily withdraw my statement.
Airlines are being very careful to only cancel outside of the 14 day deadline: I've just had a BA flight to France on 19/6 cancelled on 1/6, so refund only. Why wouldn't they wait until a day or two before if 261/2004 no longer applied?

bradders1983

macman said:

I'm not aware that the EU has passed any emergency legislation under COVID-19 that removes your rights under EU261/2004? If they have, please link to it and I'll happily withdraw my statement.

macman said:

I'm not aware that the EU has passed any emergency legislation under COVID-19 that removes your rights under EU261/2004? If they have, please link to it and I'll happily withdraw my statement.

"The European Commission has stated that cancellations due to measures by public authorities intended to contain the pandemic, to protect the health of crew or even for the reason that flights would otherwise depart empty all fall under the “extraordinary circumstances” definition.

This means that almost all cancellations as a result of COVID-19 will, unfortunately, rule passengers ineligible for compensation from airlines."

https://thepointsguy.co.uk/news/claim-eu-261-coronavirus/

Life__Goes__On

macman said:

I'm not aware that the EU has passed any emergency legislation under COVID-19 that removes your rights under EU261/2004? If they have, please link to it and I'll happily withdraw my statement.

You first need to read the rules that you are quoting. Article 5 Number 3
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

COVID-19  has been declared an "extraordinary circumstance" so no further legislation is needed.