Reader Question: S7 Airlines Claims EC 261/2004 Doesn’t Apply Because Not EU Airline?

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A LoyaltyLobby reader sent us a question via Facebook regarding EC 261/2004 delay compensation on S7 Airlines ex-Vienna that the airline had decline based on the fact that it is not based in European Union.

S7 Oneworld Sapphire

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Here’s the email from the reader:

I was traveling from Moscow to Vienna and back. First flight was alright, but with returned I had some problems. I was traveling from Vienna to Moscow by Russian airlines S7.

They canceled my flight before 4 days till my departure. They didn’t gave me alternative ticket. They just write to me to call to them and after this they maybe do something. I called them free days and made three application that I need another flight. Before one day till my departure they send me email with another ticket.

When I returned I tried to receive compensation due EC 261/2004, but S7 wrote to me, that they are not EU resident and not regulated by EU law. They don’t wont to pay to me.

I don’t know what to do. How can I punished them and forced them to pay compensation to me? They should pay to me due EC 261/2004 because flight was canceled with out any reason and it was from EU.

The EC 261/2004 definitely does apply here. It doesn’t matter that S7 Airlines is not Community Carrier because the flight was from Austria.

Because S7 Airlines didn’t inform the reader more than a week in advance of the cancellation they could get away from paying compensation only if the alternate flight(s) is not scheduled to leave more than hour earlier and the reader doesn’t arrive to his final destination more than two hours late.

As long as this is not the case, the reader could contact the National Enforcement Body for Austria and open a case with them against the S7 Airlines.

Here’s the list of the enforcement bodies:

Download (PDF, 220KB)

There are companies that handle these claims too that usually take roughly one third or more from the compensation paid by the airline.

Conclusion

The reader lives in Russia and perhaps S7 Airlines staff in their offices there are not well versed with the EC 261/2004 legislation or are trying to brush off eligible passengers with these nonsense reasons.

Let’s hope that the reader follows up with the National Enforcement Body and keeps up updated with the results like was the case with the recent BA case (read more here and here).

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