Anne Bucher  |  October 28, 2016

Category: Consumer News

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WOW Air flight cancelledIcelandic airline WOW Air EHF has been hit with a class action lawsuit alleging it fails to provide compensation to passengers whose flights are delayed or cancelled, in violation of its contract with passengers.

Plaintiffs Brenda Leerar of California states that she had a confirmed reservation on a WOW Air flight from San Francisco to Reykjavik, Iceland, but her flight was cancelled.

She says that the flight was cancelled on the day it was scheduled to depart, and that the cancellation was not related to any extraordinary circumstances.

Although she was put on a different flight, Leerar says she arrived in Reykjavik about 27 hours after her originally scheduled arrival time.

According to the WOW Air class action lawsuit, Leerar’s return flight from Reykjavik to San Francisco was also delayed by more than three hours. The delay was allegedly not announced until the day she was scheduled to depart.

Similarly, plaintiff Samantha Robman, also of California, states that her WOW Air flight from Los Angeles to Reykjavik was delayed by approximately 14 hours, and that the delay was not announced until the day of the originally scheduled departure. According to the WOW Air class action lawsuit, the delay was not the result of extraordinary circumstances.

The WOW Air class action lawsuit states that WOW Air is contractually bound to provide compensation in accordance with Regulation No. 261/2004 (“Regulation 261”) of the European Parliament and European Council to passengers whose flights are delayed and/or cancelled.

After their flight delays and/or cancellations, Leerar and Robman say they wrote to WOW Air to request compensation. They both say they received automated responses informing them that the processing of their claim could take up to four to eight weeks. However, the airline never provided any response or offered the plaintiffs any compensation, the WOW Air class action lawsuit states.

According to the lawsuit, the airline has incorporated Regulation 261 into its U.S. Customer Service Plan and Conditions of Carriage.

This regulation reportedly requires the airline to pay up to €600 to each passenger whose flights are cancelled or delayed for more than four hours, and to pay €300 to passengers whose flights are delayed by more than three but less than four hours.

“Each named plaintiff, and each member of a class of similarly situated persons, was a passenger on a WOW Air flight that was cancelled or delayed by more than three hours,” the WOW Air class action lawsuit states. “WOW Air has breached its obligations by failing to make the payments required by [Regulation 261] as incorporated into WOW Air’s contracts.”

The WOW Air class action lawsuit asserts a claim for breach of contract and seeks compensation that are due to the plaintiffs and putative Class Members under Regulation 261.

Leerar and Robman are represented by Gordon W. Renneisen and Paul J. Byrne of Cornerstone Law Group.

The WOW Air Flight Delay Class Action Lawsuit is Brenda Leerar and Samantha Robman v. WOW Air EHF, Case No. 3:16-cv-06011, in the U.S. District Court for the Northern District of California, San Francisco.

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34 thoughts onWOW Air Class Action Says Airline Owes Money to Delayed Passengers

  1. Sheila Ann Clark says:

    Sheila Clark

    I would like to join the class action suit. My story in a nutshell. My sister and I flew from Baltimore BWI airport to Copenhagen for a vacation. Only to find that our return flight was cancelled. This inconveniently caused financial dilemna since we both had to pay for round trip tickets to Copenhagen. In addition we accumulated 3 additional nights stay at our Hotel, food, and missing 2 days at the office unscheduled PTO from work. My sister at the time was recovering from hip replacement surgery so it was extremely difficult for her to walk. Aside from the pain uncertainty and the mental anguish associated with the fear of being stuck or forced to fly a 7407 jets out of despiration made he entire experience traumatic.
    Yes, please~Add me to the list!

  2. Lisa Jenkins says:

    I too would like to join the class action. My husband and I showed up for our flight, only to find out the airline had gone out of business and we were out our $453 for the flight, had to book new flights and then out the hotel money for where we were supposed to stay because we wouldn’t be arriving until the next day. Please advise

  3. Kevin Brown says:

    Is there a filing in Canada yet?

  4. Katrina Young says:

    I would like to join the class action. My flights were cancelled for a flight in early May and I received no prior notification of the flight being canceled and nor a refund. Now the airlines is out of business and i am out of thousands of dollars.

    Please help.

  5. Lidia Bellod says:

    I would also like to join this class action, since my flight to Barcelona was cancelled last December and I am entitled to compensation having also received automated response from the airline informing me that my claim could take up to 8 weeks.

  6. Linda Bergquist says:

    I purchased 2 tickets from San Francisco to Delhi last May, and in October they were canceled. I asked that they schedule me out of LA instead, and purchased 2 RT tickets from SFO to LA. Then recently they canceled the LA to Delhi trips entirely. They have already reimbursed my WOW flight, but the only reason I bought the SFO to LAX tickets was to fly to Delhi. I asked WOW to reimburse me for those as well, and they do not plan Tod do so. Of course I had also purchase other things to fly through Iceland, like a winter coat and WOW air sized carryon bags, so we are pretty upset at WOW. Count us in if there is anything we can do

  7. Laila Aura Michel says:

    Please tell me how to join this class action! I was supposed to fly from Dublin to LAX on Dec 4, 2018. We were scheduled to arrive in LA at 5:30 pm. The plane had to get refueled along the way – so we had to stop in Canada and after another hour or so we left. We arrived in LA at 7:15 pm instead of 5:30. Every time I asked crew members what time it is – no one could give a definite answer. So we missed our next flight from LAX to Vegas which was the last flight. We had to get another flight – which was the next morning and spend the night at the airport.
    Furthermore – when we booked our flight – this was our very first time – we did not know that there will be no food. Nowhere on the website did it indicate that this airline will not provide food in order to keep the ticket costs low. Being a diabetic and needing KOSHER food – I got sick on the plane because nothing they sold on the flight was remotely kosher! Also – nowhere on the website did it indicate that we can ONLY take 1 carry on and anything checked in will be charged. So we were charged $70 each for our check-in.
    Now I know why they call it WOW airlines. When I contacted their customer service and complained about the misrepresentation as well as the delay in arrival which cost our future flights, they wrote that it is they are “bound by their policy due to which we are unable to provide any sort of compensation”!!!!
    THIS AIRLINE MUST BE DISCONTINUED!!! If you can help me join this class action I would truly appreciate it.

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