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We have something similar in Canada. One of the budget airlines screwed us out of it by not declaring the delays past 2 hours 55 minutes. The flight ended up being delayed by 4 hours, but when I went for my refund they pulled out the declared delay.
Huh?
So the flight was scheduled for 12:00. They kept announcing that it was delayed to 1:00, 2:00, and then at 2:55 they stopped announcing new delays. The flight ended up boarding at 3:30, but because they didn't announce the delay every customer service rep said that I wasn't entitled to compensation.
Why does it matter whether they announced it or not, if the flight took off more than 3 and a half hours after its scheduled departure, is that not more than a 3 hour delay by definition?
I bet the agent had a, "What are you going to do about it?" attitude.
It is, but after spending like 5 hours arguing with different customer service reps about it I decided that it wasn't worth my time. The company went out of business later anyways.