After a 14-hour delay on WOW Air, Rachael Lopez thinks she’s entitled to some compensation. WOW disagrees. Who’s right?
Question
I recently flew from Los Angeles to Reykjavik, Iceland, on WOW Air, a discount airline. WOW told me to arrive at 4:30 p.m., but the flight was delayed more than 14 hours.
The reason: The aircraft we were using had left Iceland late. WOW knew this, but still told me to get to the airport at 4:30.
I missed an entire day of my vacation by arriving in the middle of the night instead of at lunchtime. I paid for parking, a car rental and a hotel night that I didn’t use.
I’d like WOW to refund the ticket and pay me $670, the amount it owes under EU 261, the European consumer protection regulation. I’ve asked WOW, but it refuses to refund or pay any compensation. Can you help me? — Rachael Lopez, Mission Viejo, Calif.
Answer
Wow, I’m really sorry to hear about your delay. WOW should have advised you of the delay, which would have allowed you to avoid the hassle of returning home and then coming back to the airport the next day.
But that’s not always possible. Maybe WOW was hopeful that a delay of the inbound aircraft could have been avoided, and advised you to get to LAX on time. I want to believe WOW had the best of intentions.
Your request for a ticket refund isn’t doable. That’s because in the end, WOW transported you from LA to Reykjavik, thereby fulfilling its legal obligation under its ticket contract. In other words, it got you from point “A” to point “B,” as promised.
It just didn’t do it when it promised, and that means it ran afoul of EU 261, the European airline consumer protection regulation. Under that rule, you were entitled to real money for the delay — unless WOW could prove that there were “extraordinary” circumstances that led to the delay. And that, it could not. (Related: If Expedia says your return flight costs $1,668, believe it. Otherwise this could happen to you?)
The next time you have a lengthy delay, make sure you ask the airline immediately if it can authorize meal
vouchers, hotel vouchers or phone cards. Don’t wait for it to offer you overnight accommodations, which seems to be what happened to you. Ask. Most airlines include provisions for food and accommodations in their contracts of carriage, which can be found online. (Here’s how to get a refund on a nonrefundable airline ticket.)
I list the names, numbers and email addresses of the WOW Air customer service managers on my consumer advocacy site. After your first “no” I would have appealed to one of these executives in writing.
I contacted WOW on your behalf. You also contacted the executives, and eventually the airline paid you the $670 owed under EU 261.
