Flight delay compensation Air Canada

jomomang

In January myself and my husband booked to fly from Heathrow to Costa Rica, via Montreal, with Air Canada. We booked direct with Air Canada.

The first flight from Heathrow was delayed meaning we missed our connection in Montreal. Air Canada re-routed us through Mexico City then another flight from there to Costa Rica. As a result our arrival in Costa Rica was delayed by 14 hours.

We completed the compensation claim forms on Air Canada’s website. Yesterday, three months after our claims were submitted, my husband received an email advising that his claim was approved and, under EU regulations he is due 600 euros. I have yet to hear about my claim and will chase separately.

My question is, why have they used the EU regulations where, on their own website, they say compensation for delays over 9 hours will be paid at 1000 Canadian dollars? 

I’ve read through Air Canada’s Ts&Cs and can’t find anything to explain why different regulations apply. Getting information out of them is like getting blood out of a stone so I’m hoping one of you knowledgeable people know the answer.

eskbanker

I can't see why they'd apply EU regulations at all when the itinerary didn't include any EU locations!

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/passenger_rights/ACF519_UK_Eng-fr-(2022-09).pdf suggests that it's possible for delayed UK-originating passengers to choose between the UK or Canadian regulations when claiming.

Caz3121

their site says
"Travelling from the European Union, Switzerland, Iceland or the United Kingdom?

If you’re departing the European Union, Switzerland, Iceland or the United Kingdom and your flight is delayed, cancelled, or you’re denied boarding, you may be entitled to compensation or certain standards of treatment under the EC 261/2004 RegulationExternal site which may not meet accessibility guidelines. or the UK passenger rights regimeExternal site which may not meet accessibility guidelines.. However, you can only submit a claim for compensation under one applicable regulation."

I would have expected them to use the UK amounts but given that €600 and the UK amount of £520 are pretty much the same it doesn't make much difference

https://www.aircanada.com/ca/en/aco/home/fly/flight-information/flight-disruptions.html#/

this also shows the different treatments https://www.aircanada.com/ca/en/aco/home/fly/flight-information/delayed-flights-and-cancellations/passenger-rights.html#/

TELLIT01

eskbanker said:

I can't see why they'd apply EU regulations at all when the itinerary didn't include any EU locations!

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/passenger_rights/ACF519_UK_Eng-fr-(2022-09).pdf suggests that it's possible for delayed UK-originating passengers to choose between the UK or Canadian regulations when claiming.

If they were flying from Canada to the UK, Canadian rules apply.  Flying from the UK, we still use the EU rules.

eskbanker

TELLIT01 said:

eskbanker said:

I can't see why they'd apply EU regulations at all when the itinerary didn't include any EU locations!

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/passenger_rights/ACF519_UK_Eng-fr-(2022-09).pdf suggests that it's possible for delayed UK-originating passengers to choose between the UK or Canadian regulations when claiming.

If they were flying from Canada to the UK, Canadian rules apply.  Flying from the UK, we still use the EU rules.

They weren't flying from Canada to the UK, and we don't still use the EU rules as such, we use the UK equivalent, and hence the above comment about the compensation due being £520 rather than €600....