Which Law?

weaswan

My Wizz Air flight from Poland to Luton was cancelled in June this year.  I am using the MSE template letter to claim compensation which has two options for which law to quote.

Am I claiming under UK law as its post brexit or under EU law since Wizz is an European airline and the flight was from Poland?

bagand96

Flight was departing from the EU so EC261/2014 that applies.

If the flight was operated by a Wizz UK aircraft then the UK law would also be applicable. It's a bit of a mute point though as the laws at this point are the same (other than compensation amounts being specified being € vs £).  But of course you don't get to claim twice even if both sets of laws apply!

JPears

Apparently Wizz UK is not an EU airline. So it would seem claiming under EC261/2004 is the way forward.

eskbanker

As above, you effectively have the choice between claiming under UK or EU legislation, which (assuming <1500 km) essentially boils down to compensation being either £220 or €250, so, as the former is higher just now, I'd be inclined to go with that!

CKhalvashi

JPears said:

Apparently Wizz UK is not an EU airline. So it would seem claiming under EC261/2004 is the way forward.

Wizz Air UK is not an EU airline, Wizz Air Hungary is.

In general;

Wizz Air UK operate sectors from Luton to Poznan, Lublin, Olsztyn and Rzeszow, plus selected flights to Wroclaw.
Wizz Air Hungary operate Gdansk, Katowice, Krakow and Warsaw, plus selected flights to Wroclaw..

In any event, as this was a flight departing the EU, EC261 will generally be the best option.