Wizzair - Cancelled 2 successive flights and We flew with a different airline

eskbanker

JPears said:

I think we had a discussion on this forum many years ago about the scenario that if your flight was cancelled and you purchased the second replacement flight, theoretically you could claim compo twice.

Out of curiosity, are you able to locate this discussion?

JPears said:

The regulation states that it must be a flight you have paid for.

Do you have a citation as to exactly where this is stated, as I haven't found it?  In any case, the price paid is pertinent in the event of reimbursement under article 8 but doesn't seem to have any relevance under article 7.

Edit: I've spotted what I think you're referring to, in article 3:

3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.

However, to me this is likely to be intending to exclude complimentary tickets (e.g. competition prize winners), staff fares, etc, rather than those who've paid a public fare and then been rerouted (in lieu of being reimbursed, so not 'travelling free of charge' as such), so personally wouldn't see it as relevant here, especially in the light of the case referred to below.

JPears said:

It is an interesting arguement to discuss. It would be a significant step if anyone did receive compensation for a twice cancelled flight. Dependent on the reason for cancellations of course...

Yes, a worthwhile debate, but to me there isn't such a thing as a "twice cancelled flight", it would be two cancelled flights (in that the combination of date and flight number uniquely identifies a flight) and I'd expect them to be treated as such by the airline when assessing compensation, subject as ever to the root cause(s).

Edit: perhaps worth noting C--832/18 A and Others v Finnair Oyj, which established the principle of multiple compensation payments when rerouting:

Article 7(1) thereof, must be interpreted as meaning that an air passenger who has received compensation for the cancellation of a flight and has accepted the re-routing flight offered to him is entitled to compensation for the delay of the re-routing flight, where that delay is such as to give rise to entitlement to compensation and the air carrier of the re-routing flight is the same as that of the cancelled flight

JPears

Well done in finding the Finnair judgement, I wasn't aware of the 2020 update from the 2018.

At least it snook in before Brexit.

So many years ago when I started on this forum.

eskbanker

JPears said:

Well done in finding the Finnair judgement, I wasn't aware of the 2020 update from the 2018.

At least it snook in before Brexit.

It's cited in the CAA's 2021 rerouting guidance document at http://publicapps.caa.co.uk/docs/33/Re-routing Guidance (CAP2155).pdf so yes, it'll be considered applicable to flights within 'UK261' scope, but in any case, OP's booking with an EU carrier from Tenerife would presumably benefit from post-Brexit EU rulings too....

CKhalvashi

eskbanker said:

JPears said:

Well done in finding the Finnair judgement, I wasn't aware of the 2020 update from the 2018.

At least it snook in before Brexit.

It's cited in the CAA's 2021 rerouting guidance document at http://publicapps.caa.co.uk/docs/33/Re-routing Guidance (CAP2155).pdf so yes, it'll be considered applicable to flights within 'UK261' scope, but in any case, OP's booking with an EU carrier from Tenerife would presumably benefit from post-Brexit EU rulings too....

Wizz Air UK is (sadly) no longer an EU carrier.

JPears

CKhalvashi said:

eskbanker said:

JPears said:

Well done in finding the Finnair judgement, I wasn't aware of the 2020 update from the 2018.

At least it snook in before Brexit.

It's cited in the CAA's 2021 rerouting guidance document at http://publicapps.caa.co.uk/docs/33/Re-routing Guidance (CAP2155).pdf so yes, it'll be considered applicable to flights within 'UK261' scope, but in any case, OP's booking with an EU carrier from Tenerife would presumably benefit from post-Brexit EU rulings too....

Wizz Air UK is (sadly) no longer an EU carrier.

So flying from a Non EU destination with Whizzair rules out 261/2004  regulations?

CKhalvashi

JPears said:

CKhalvashi said:

eskbanker said:

JPears said:

Well done in finding the Finnair judgement, I wasn't aware of the 2020 update from the 2018.

At least it snook in before Brexit.

It's cited in the CAA's 2021 rerouting guidance document at http://publicapps.caa.co.uk/docs/33/Re-routing Guidance (CAP2155).pdf so yes, it'll be considered applicable to flights within 'UK261' scope, but in any case, OP's booking with an EU carrier from Tenerife would presumably benefit from post-Brexit EU rulings too....

Wizz Air UK is (sadly) no longer an EU carrier.

So flying from a Non EU destination with Whizzair rules out 261/2004  regulations?

You need to learn to spell.

No, the flight was operated by Wizz Air UK (Codes W9/WUK) and not Wizz Air Hungary (W6/WZZ). These are different airlines operating to different procedures.

Compensation will be payable for one flight under the UK equivalent, however as this was a flight departing the EU, EU law will be applicable. The other will not be due to the well publicized issues at EGGW.

Wizz Air UK is no longer an EU carrier. This is factual.

JPears

Publicized?

CKhalvashi

JPears said:

Publicized?

Autocorrect on my phone.

The runway was closed on Monday due to it being unsafe for operation.

Many things at Luton are Wizz's fault, the closure of a runway, especially one they weren't the last to use, isn't one of them.

MKPINN

CKhalvashi said:

JPears said:

Publicized?

Autocorrect on my phone.

The runway was closed on Monday due to it being unsafe for operation.

Many things at Luton are Wizz's fault, the closure of a runway, especially one they weren't the last to use, isn't one of them.

True and that's what they said when i submitted a compensation claim for this.

I must confess Wizz air's actual website to make the claim wasn't that bad , once I found the link.