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Do they have to compensate?

Hamilton, Bermuda
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114 posts
33 reviews
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Do they have to compensate?

So my parents were booked on a Sunwing lfight from Toronto to Paris direct return. A few weeks before they left, their return flight was changed to include a 1 hour stopover in Amsterdam. Although they were not happy about it the airline said they reserve the right to change anything therefore too bad.

On Friday they were to return to Toronto. They went to the airport and the flight was delayed, and delayed and delayed some more. Finally the airline put them up at a hotel and gave them dinner because the delay was over 12 hours by this time. They were to be back on the plane first thing in the am, delay and delay some more. Finally they took off but 1/2 or 3/4 of the way into the flight, the pilot announced they had to land in Newfoundland (nowhere near where they were supposed to land - thousands of kilometres away still) because with all the delays, the crew would exceed their # of flight hours. They landed deboarded everyone while they awaited a new crew to man the plane - waited many hours another 12 I believe, reboard and be on their way. All in all - they were supposed to land on Friday at 2 pm and instead landed at 10 pm Saturday - a 32 hour delay!! No weather problems, no civil unrest, strictly Sunwing problmes. They advised passengers that they were fed and housed so to not expect any compensation. I believe the flight should have been fully reimbursed.

Seattle, Washington
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10,857 posts
94 reviews
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1. Re: Do they have to compensate?

They were provided food, lodging, and the airline delivered them safely to the final destination. They are not entitled to a refund of their ticket price.

2. Re: Do they have to compensate?

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Removed on: 09 September 2012, 18:35
Atlanta, Georgia
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664 posts
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3. Re: Do they have to compensate?

Aren't they supposed to get you to your destination within four hours of the scheduled time? Or is that only EU carriers?

Liverpool, UK
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18,636 posts
34 reviews
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4. Re: Do they have to compensate?

EU regs 261/2004 set out the "compensation" for delays - as it currently stands the airlines are required to provide "care" in respect of hotels/meals which they did.

They are not required to provide any further financial compensation although this issue is currently under legal challenge.

As the law currently stands the airline met their obligations although technically I believe they should have also offered the option to cancel with a full refund of that part of the fare although I'm not sure this would have helped as buying a last minute fare could have been more than the refund value.

Canada
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3,955 posts
69 reviews
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5. Re: Do they have to compensate?

They would be less happy if mechanical problems downed them over the Atlantic!

I do not understand why people seem to think flight delays should be treated as a cash cow.

Things happen- thats part of the risk you accept when you travel.

London, United...
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27,178 posts
28 reviews
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6. Re: Do they have to compensate?

Isn't Sunwing American? The eu regulations don't apply surely?

Seattle, Washington
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10,857 posts
94 reviews
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7. Re: Do they have to compensate?

Isn't Sunwing American

********

No, they are a Canadian charter company.

London, United...
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27,178 posts
28 reviews
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8. Re: Do they have to compensate?

But surely same rationale applies,,eu regulations don't apply?

Leicester, United...
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1,280 posts
1 review
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9. Re: Do they have to compensate?

They were flying from Paris. The EU regs apply to all airlines, EU or not, when departing an EU airport.

Depending on the circumstances EU 261 compensation may be payable but it won't be easy to claim it.

10. Re: Do they have to compensate?

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Removed on: 09 September 2012, 21:05