Your Air Canada compensation claim is denied.
It can be frustrating when you try to get compensation from Air Canada on your own, especially if you’re unsure if you’re eligible. So, what’s the next step? Is it worth the struggle? Well, it’s worth your time and effort to explore your options. One option is to consider using a flight compensation service to handle your claim for you. But remember, there are other choices available as well.
You have every right to carry on defending your legal rights.
Your Air Canada Compensation Claim Is Denied. Now What?
Your Air Canada compensation claim is denied. What do you do now?
Don’t panic – there are other ways to secure compensation from Air Canada.
Before you proceed further though, it’s crucial to brush up on the legalities. Refer to Regulation (EC) No 261/2004 to determine if you are eligible for flight compensation.
These EU rules only apply to Air Canada planes leaving from the EU and the UK since Air Canada is not a European airline.
As Air Canada is a non-European airline, these EU regulations apply only to Air Canada flights departing from the EU and the UK.
1. Partnering With Flight Compensation Companies
The easiest approach is to partner with a flight compensation company.
This involves completing an online claim form, providing a company with a copy of your boarding pass and passport, and lodging the claim. Thereafter, the company takes over, freeing you from any further stress. You no longer have to communicate with Air Canada.
If there are any other questions that only you can answer, the flight compensation company will contact you. The main downside of this approach is the fee. Most flight compensation services charge approximately 25-45% of the compensation amount.
Our partners offer these services.
When choosing this option, here is all you will have to do:
And that’s it — the rest is handled by professionals.
* Your boarding pass and passport or ID copy.
What is the cost involved?
Typically, the fees are around 25 to 45 per cent of the compensation. The remaining amount is transferred to you. Always find out what are the fees before making a claim.
Read more:
- How to Claim Air Canada Compensation?
- Your Air Canada Refund Is Taking Forever. What Can You Do About It?
2. Reaching Out to the NEB of the Country Your Flight Originates From
You are not limited to partnering with a flight compensation firm.
Reaching out to the NEB (National Enforcement Bodies) is the next logical action if your independent engagement with the airline has been met with refusal or no feedback at all. This service doesn’t require any charges. Working with a flight compensation firm is not a simple task and can be time-consuming. Typically, the NEB takes at least two months to process your compensation application.
One significant drawback is that even if your application is approved, there is no guarantee of compensation. Air Canada still has the authority to reject the application.
The list of National Enforcement Bodies can be found here.
The National Enforcement Bodies assist passengers in the event of denied boarding, flight delay or cancellation, as well as enforce the regulation Regulation (EC) 261/2004 and make sure passengers are treated according to these rules.
3. Escalating Your Case to Court
Your Air Canada compensation claim is denied.
The following step is to bring the case to court.
It’s highly suggested to obtain a positive decision from the NEB before you advance. This is because it will notably strengthen your case against the airline (Air Canada in this instance).
This route may be complex, but it is often the most productive. Before taking your complaint to court, make sure to validate the legitimacy of your application. Refresh your understanding of your rights and carefully shape your argument. Only then can you be sure that it is worth escalating to the court. If you have a judgment from the NEB confirming your right to compensation, include it with your court files.
Always bear in mind, that going to court with your complaint will lead to expenses.
As Air Canada is a non-European airline, these EU regulations apply only to Air Canada flights departing from the EU and the UK.
Extraordinary Circumstances
Airlines tend to avoid providing accurate reasoning for the rejection of your claim.
They generally give a vague explanation, and that’s the conclusion.
They tend to categorize “everything” as extraordinary circumstances.
The reason for this is simple: airlines don’t benefit from compensating passengers. As a result, they try to avoid paying compensation. Airlines are aware that most passengers are not fully aware of their rights, and they take advantage of this lack of knowledge. So, be careful when you encounter this term in the future.
According to EU regulation 261/2004, airlines are exempt from paying flight compensation in cases of extraordinary circumstances. Such circumstances encompass severe weather conditions, political and social unrest, and concealed manufacturing flaws. Notably, only concealed manufacturing flaws are deemed extraordinary circumstances. Most technical problems are seen as the airline’s responsibility.
Furthermore, bad weather is not always considered an exceptional circumstance. Sometimes, the weather is completely predictable. For instance, snowfall during winter (unless it is uncommon in that area). In such situations, the airline is expected to take necessary measures to ensure the flight departs as scheduled.
Determine the genuine reason behind the flight delay or cancellation.
It matters.
As Air Canada is a non-European airline, these EU regulations apply only to Air Canada flights departing from the EU and the UK.
When Can You Get Flight Compensation From Air Canada?
You may be eligible for compensation in different situations related to your flight experience.
These include flight delays, cancellations, and being denied boarding due to overbooking.
As Air Canada is a non-European airline, these EU regulations apply only to Air Canada flights departing from the EU and the UK.
1. Flight Delays
According to EU regulation 261/2004, passengers can claim compensation if their flight arrives at the final destination more than three hours late.
The compensation amount differs based on the delay duration and total flight distance. For example, if a trip from Dublin to Paris, with a distance less than 1,500km, is delayed by four hours, passengers may be eligible for €250 in compensation.
Read more: Air Canada Flight Delay Compensation
2. Flight Cancellations
If your flight is cancelled without at least 14 days’ notification, you may be eligible for compensation.
The compensation amount is determined by the flight distance and the delay in reaching your final destination. For instance, if your flight from London to Toronto is cancelled without sufficient notice and you arrive at your destination four hours later than originally scheduled on a replacement flight, you may be eligible to claim up to €600 in compensation.
You also have the option to request a full refund, in case of an alternative flight.
Read more: Air Canada Flight Cancellation Compensation
3. Denied Boarding Due to Overbooking
Airlines often overbook flights to account for passengers who don’t show up.
If you’re denied boarding because of overbooking and you didn’t willingly give up your seat, you may be eligible for compensation.
The amount of compensation depends on the flight distance. For instance, if you fly from Brussels to Istanbul, which is a medium distance of 1,500km to 3,500km, and you’re denied boarding due to overbooking, you may be eligible for €400 in compensation if you arrive at your destination more than three hours late.
Read more: Air Canada Denied Boarding Compensation
As Air Canada is a non-European airline, these EU regulations apply only to Air Canada flights departing from the EU and the UK.
Your Air Canada compensation claim is denied? Do you have first-hand experience of denied Air Canada compensation claim? Did you take the case to NEB or court?