Hi Again Jim. Air Canada took their sweet time to respond. But then again they are busy denying a massive strike due to breakdowns.
Here is the response in regard to our EU complaints. - I have, in the meantime lodged a complaint with the Irish Airline Board. But what do you, or anyone else make of their "Creeping Delay"??? Many thanks. Jen
Dear Ms. Wright,
Thank you for your email.
Air Canada is committed to ensuring the common rules on compensation and assistance to passengers outlined in the European Community (EC) Regulations are adhered to. However, we respectfully submit we are not obliged to pay the compensation you mention for the disruption of flight AC895 on August 29th. The disruption of this flight was caused by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken.
We understand your frustration with the situation. However, this mechanical disruption was what is referred to as a 'creeping delay'. The repair took longer than anticipated.
In addition, Article 5 stipulates that no compensation is due when a carrier is able to demonstrate that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all precautionary measures had been taken. Extraordinary circumstances are defined in the preamble of the Regulations as political instability, weather, security, safety, and strikes. All precautionary measures had been taken on this aircraft and the mechanical fault on this occasion could not be avoided. The flight could not operate safely.
Based on the above, regretfully, we are unable to offer the compensation you have requested.
We hope you are able to use the travel credit and promotional code offered as gestures of goodwill Ms. Wright and we thank you for this final review.
Sincerely,
Sheila Pennell