Denied boarding by WOW Air- What are my rights for resolution?

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Sep 19, 2015
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#21
EU 261 compensation delay cancellation of long flights (3000 km) remains at euro 600. That is the amount for several years. The Exchange rate to US dollars varies.

What type of claim was submitted.
 
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John Galbraith

Staff Member
Director
Jan 22, 2017
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#22
I don't think it's too late - as least not according to the information we have on this site. There is no deadline mentioned for filing a complaint:

http://www.elliott.org/frequently-asked-questions-about-eu261/
As Neil says the information on our site shows that there is no deadline. That is because the legislation does not set one. The difficulty comes when enforcing the right in a court - if the Airline does not pay out. Time limits for such claims vary from country to country. In most of the U.K for example the time limit is 6 years. that is contrasted with Belgium which is only 1 year. As to which country you can or have to put a claim in, well that all depends upon a number of factors including in relation to the terms of the contract.

I would file it as quickly as possible.
 

John Galbraith

Staff Member
Director
Jan 22, 2017
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Poole
#23
For the geeks among us the decision related to time limits for enforcement of compensation under EU261 (articles 5 & 7) was by the European Court of Justice in Joan Cuadrench Moré v Koninklijke Luchtvaart Maatschappij NV (KLM) Case C-139/11.

Paragraph 33 "in the light of the foregoing, the answer to the question referred is that Regulation No 261/2004 must be interpreted as meaning that the time‑limits for bringing actions for compensation under Articles 5 and 7 of that regulation are determined in accordance with the rules of each Member State on the limitation of actions."
 
#24
Hello Christopher and Advocates! I saw your article in the Boston Globe Jan 7, 2018 and was encouraged that someone was paid by WOW Air for a delay. Is the Eu 261 amount owed $670 now ? Is that retroactive to an airline trip to which we were denied boarding on 6-22-2017 or does that EU 261 amount remain at $600? (in response to post #16, we did not see any email in regular or spam emails and wonder that if they had sent us such news of a cancelled flight, I would think that they would not have given us boarding passes for that flight and sent us on to the gate when we arrived at the airport).

I did put in email claims to claims.wowair.net on 7-31-2017 (and copied my claim to their CEO) and was given automated WOW claim ticket numbers for each of the 4 people traveling. There has been no response at all and the claims simply show that they are "open". As of today, it has now been 6 months.

Please let me know of the correct EU 261 amount and how you think I should best proceed from here.

With many, many thanks! Jennifer
The reimbursement under EC 261/2004 is 600 Euros. The exchange rate changes daily. $670 dollars would correspond to about 1.12 Euros per dollar. One Euro exchanges at $1.24 as of this morning. While I hesitate to recommend them (because they take a percentage of your recovery) there are several services that you can find on Google that will pursue your claim for you and will let you know the most efficient direction to take.
 
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#26
One more thing I just found. The Icelandic Transportation Authority has a website and on the page I've linked, below, you can find a drop down entitled "What to do if your claim is rejected." Inside that section is a form that you can fill out and return to the Authority. Here's the link to the page: https://www.icetra.is/aviation/passengers/in-case-of-disruption/

It may be the same complaint form you've seen previously but sending it to the Icelandic Transportation Authority might be more effective.
 
Dec 7, 2017
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#27
I don't think it's too late - as least not according to the information we have on this site. There is no deadline mentioned for filing a complaint:

http://www.elliott.org/frequently-asked-questions-about-eu261/
Not from a legal perspective but from a practical one - if the delay in filing causes the airline to be unable to respond to the claim - then its likely you may not recover. The burden of proof as to the reason for the delay is on the customer - not the airline - I'm just pointing out that justice delayed is often justice denied. . . .
 
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Neil Maley

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Dec 27, 2014
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#28
Not from a legal perspective but from a practical one - if the delay in filing causes the airline to be unable to respond to the claim - then its likely you may not recover. The burden of proof as to the reason for the delay is on the customer - not the airline - I'm just pointing out that justice delayed is often justice denied. . . .
In the U.K. a passenger has 6 years. I think sfe’ll be fine filing. I just don’t understand why she did t do this in July when we told her about this.
 
Jul 18, 2017
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#29
Nope, I did not file an EU claim as I was hoping that the airline would respond and thought that filing a complaint might be perceived as being antagonistic. Also, I was under the impression that it could take a number of months to resolve a complaint, but at this point it seems long enough! Should I try calling WOW first before filing an EU261 complaint? Thanks!
 
Sep 19, 2015
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#30
There is no point in calling WOW. Just file the claim. WOW has been ignoring you for months, only a claim will make them pay attention. If they do not respond to that a claim to the Icelandic authority will encourage them to stop ignoring the issue.
 
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