claiming for delay AND cancellation on one flight

hi- im wondering if anyone has any expertise on this. Im assume lots of people have had a similar situation in last few weeks and would also like to know the answer.

Our Wizz air flight was delayed by 7 hours- that time we spent sat in the airport with no info. After 7 hours they finally told us it was cancelled and to go home. 

I understand the law on this that you can claim for a cancelled flight based on the distance and how far in advance they tell you. And you can claim on delayed flights depending on the distance and the delay time.

My question is- can we claim on the delay AND the cancellation for one flight- so get 2 times the compensation?

It doesn't seem right that a flight that is cancelled 7 days in advance is eligible for the same compensation as a flight that is cancelled after the scheduled departure time. Also it doesn't seem right that a flight with a 3 hour delay but that arrives is also eligible for this same compensation. But this is what the law seems to say? I would much much rather either of those situations! So to me it would seem fair that if both happen, you can claim on both.

On a separate point- the EU regulation on this (google Document 32004R0261 and view it on EUR LEX Europa site) seems to say that the laws are meant to "induce carriers to inform passengers of cancellations before the scheduled time of departure" (bullet 12, first section). However nowhere in this regulation can I see any points that act on this or even reference it. The closest it gets is making rules on compensation for cancellations within 7 days. But 7 days out is very different to on the day or even after the scheduled departure?! Unless im missing something?!

Im presuming the answer will be- no you've not missed something, there aren't separate rules for compensation for post scheduled departure time cancellations, and no you cant claim for both delay and cancellation, but im giving it a shot because £350 doesn't seem fair for a wasted day sitting in an airport, a ruined bank holiday and a missed holiday. Especially as we would have got the same if we'd got there but just a few hours late.

thanks
Anastasia 

Comments

  • Caz3121
    Caz3121 Posts: 15,544 Forumite
    Name Dropper First Anniversary First Post
    delay compensation is based on the actual arrival time v's scheduled. As the flight was cancelled there was not a delayed arrival. Claim for the cancelled flight.
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