Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > American Airlines | AAdvantage
Reload this Page >

GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and AA

Old Jan 29, 2015, 7:08 pm
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: Prospero
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

AA email address for EC 261 claims: [email protected]

Code:
The regulation applies to any passenger:

- departing from an airport located in the territory of a Member State to
which the Treaty applies;The protection accorded to passengers departing from or to an airport
located in a Member State should be extended to those leaving an airport
located in a third country for one situated in a Member State, when a
Community carrier operates the flight and where a community carrier
is defined as any carrier licensed to operate within that community.
Code:
- departing from an EU member state, or travelling to an EU member state
- on an airline based in an EU member state if that person has:
- a confirmed reservation on the flight, and
- arrived in time for check-in as indicated on the ticket or communication
from the airline airline, or, if no time is so indicated, no less than 45 minutes
prior to the scheduled departure time of the flight
or
- have been transferred from the flight for which he/she held a reservation
to some other flight unless
- the passenger is travelling on a free or discounted ticket not available
to the general public, other than a ticket obtained from a frequent flyer
programme.

It does not apply to helicopter flights, to any flight not operated by a
fixed-wing aircraft, nor to flights from Gibraltar Airport.[1]

(wikipedia)
Link to article on Wikipedia: "The Flight Delay Compensation Regulation (EC) No 261/2004 is a regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005. It sets out the entitlements of air passengers when a flight that they intend to travel on is delayed or cancelled, or when they are denied boarding to such a flight due to overbooking, or when the airline is unable to accommodate them in the class they had booked." It applies to Member States and includes French overseas territories.

NOTE: Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)

Link to EC 261/2004 text in several languages.

Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004

Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."

Link to contact details of EC 261/2004 enforcement bodies

Link to English language EC 261/2004 compliaint form PDF

Email for EC claims at AA.com: [email protected] (verified Aug 2016, can take 4 weeks for a reply)

Link to BAEC Forum lengthy EC261/2004 thread.

Link to thisismoney.co.uk article explaining EC261/2004.

Link to travel sort.com blog on recovering EC261/2004 compensation from American Airlines.

Previous posts from this thread have been archived to ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)

“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)

Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the (lower right wiki corner)
Print Wikipost

GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and AA

Old Oct 7, 2022, 8:45 pm
  #16  
 
Join Date: Jul 2009
Location: NYC
Programs: AA EXP
Posts: 1,372
Originally Posted by Crastonts
[Possibly final update] I wrote a polite, but very firmly-worded letter to all the executive contacts on the Elliot Advocacy webpage. I explained why the original refund offered was wrong and cited the UK261 regulation plus the precedent of the Steef Mennens case. Then, I told AA they were in breach of their obligations according to the UK261 regulation and explained that, without a response before the 10/11, I would be forced to take actions to obtain redress.

Today I received an e-mail from a more senior CS rep, who said they'd contact the Refunds Dept to adjust the amount according to the Steef Mennens precedent. A further refund followed shortly afterwards, which, in addition to the first one, roughly corresponds to 45% of 75% (if that makes sense) of the fare + carrier surcharges paid.

All in all, my wife and I are satisfied and consider that the clear articulation of the rights and judicial precedents ensured we received what was duly owed.
I'm glad to hear this. It's likely that some CS rep was directed to calculate the pro-rated refund for the one segment, and just figured "hey, 4 segments...I'll divide the price by 4" without even thinking about how fares on a ticket like that are built/structured.

Good you stuck to your guns and continued to follow up and advocate, citing legal precedents as necessary. It shouldn't take that, but sometimes it does.
DMPHL is offline  
Old Oct 7, 2022, 11:26 pm
  #17  
 
Join Date: May 2009
Location: SEA
Programs: AA EXP (2.5MM), Hilton Gold, Marriott Titanium
Posts: 4,859
Originally Posted by Dave Noble
Carrier surcharges are not taxes. I believe that it has been ruled that and so are not exempt and should be taken into account when calculating reimbursement due
Any links or more info on rulings that carrier surcharges are included for the 75% reimbursement calculations? Have a buddy fighting a carrier which is trying to claim they're not included in the calculations.
mikelat is offline  
Old Oct 8, 2022, 12:11 am
  #18  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
Originally Posted by mikelat
Any links or more info on rulings that carrier surcharges are included for the 75% reimbursement calculations? Have a buddy fighting a carrier which is trying to claim they're not included in the calculations.
I would check on the EC261 thread on the BA forum for precedent
MSPeconomist likes this.
Dave Noble is offline  
Old Oct 19, 2022, 5:20 pm
  #19  
 
Join Date: Jul 2021
Location: DFW
Programs: AA EP
Posts: 97
Had a flight from FCO to DFW canceled Sept 25, sent an email the following day to customer relations. Got the response on October 18, acknowledged the cancelations and offered 600eu or 800 trip credit. Sent the reply with address info and they got back one day later to say they are sending the check within 45 days.
craig_2029 is offline  
Old Nov 29, 2022, 6:48 am
  #20  
 
Join Date: Apr 2007
Location: MFR
Programs: Alaska MVP, Hyatt Globalist
Posts: 714
Ticket booked with AA ARN-LHR-PHX-MFR. LHR-PHX AA flight number operated by BA. That was delayed due to maintenance causing me to miss onward connection and forcing an overnight in PHX. Am I correct that I go to AA for EU261 compensation in this situation?
Thanks
PDXpress is offline  
Old Nov 29, 2022, 8:26 am
  #21  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
Originally Posted by PDXpress
Ticket booked with AA ARN-LHR-PHX-MFR. LHR-PHX AA flight number operated by BA. That was delayed due to maintenance causing me to miss onward connection and forcing an overnight in PHX. Am I correct that I go to AA for EU261 compensation in this situation?
Thanks
You are incorrect. Since the flight was operated by BA, it is BA that you need to go to for the compensation. It is the operating carrier that is liable , not the marketing one
PDXpress likes this.
Dave Noble is offline  
Old Jan 23, 2023, 8:25 am
  #22  
 
Join Date: Oct 2022
Location: GSP
Programs: AA EXP
Posts: 217
Flying CLT -> NAP as 2 passengers on a single reservation (2 separate record locators but on the same reservation) and back in May. Going through DFW to LHR on the way there on Flagship First in 77W. On the way back, on original booking was going NAP->LHR->MIA->CLT with a fairly tight connection, albeit one AA allowed, in LHR, and another Flagship First 77W flight to MIA. Redeemed miles to book back in ~11/2022. All flights are operated by AA.

I am checking my app weekly to see if any flight changes have been made for a variety of reasons, not least of which is securing accommodations, transport to/from airports, etc.

Looked today to see that my return trip had been changed. the LHR->MIA flight got changed to half an hour or so earlier in the day. This led to making a connection in LHR that was too tight for AA to recognize (couldn't transfer bags in that short of a layover, apparently), losing my seat in FF on the LHR->MIA flight. I am taking the earliest possible flight in the day out of NAP (9:15 AM) so no option to get to LHR earlier. I got bumped to a direct flight from LHR to CLT leaving at 4:55PM, skipping a stop in MIA. Layover in LHR went from about 1h45 to around 4h10.

I called the EXP customer service line to see what my options were. There were zero later flights leaving from LHR to MIA, DFW, or JFK that would allow me to connect back into a 3-service class/Flagship First flight to the US.

In short, got moved from a Flagship First seat/F on a 77W to a J class seat on a 777-200 which does not have 3 class service.


Looking for advice on how/when to file a claim and what to expect as compensation and any other tips that could be shared for my case... Also, given 2 record locators, do I need to file separately for my wife's ticket that got bumped?

EDIT: In the thread I originally brought up my flight change up in, it was stated that since the flight is in May it is too far out to get compensation through this law. However, I would like to bring up getting miles/points compensated which apparently happens through American Airlines' customer service offices. Anyone here can correct me if any of this is not right.

Last edited by Rossodio; Jan 23, 2023 at 11:45 am
Rossodio is offline  
Old Jan 24, 2023, 3:45 am
  #23  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
Originally Posted by Rossodio
EDIT: In the thread I originally brought up my flight change up in, it was stated that since the flight is in May it is too far out to get compensation through this law. However, I would like to bring up getting miles/points compensated which apparently happens through American Airlines' customer service offices. Anyone here can correct me if any of this is not right.
This is not ture. There is no time limit in relatiom to downgrades. If you purchased a 1st class ticket and are downgraded to a lower class, you are entitled to a 75% refund for that sector

This can only be claimed after the flight ince until you have been transported in a cabin lower than purchased you are not due the reimbursement
Dave Noble is offline  
Old Mar 28, 2023, 10:55 am
  #24  
 
Join Date: Oct 2022
Location: Sub Carolina
Programs: AC, AA, TK, OW Emerald
Posts: 1,250
I was scheduled to fly RDU-CLT-FRA on AA, but the RDU-CLT flight was delayed 9 hours because of maintenance.
I was rebooked to fly RDU-LHR-FRA (AA + BA flights) and arrived just over four hours late.
I know that I'm not entitled to EU 261 delay compensation since the flight originated outside the EU and AA is not "an airline based in an EU member state."
But what about compensation for other costs such as needing to purchase a new train ticket from FRA to my destination? Would AA be on the hook for reimbursing that?

Last edited by AirborneLocksmith; Mar 28, 2023 at 2:18 pm
AirborneLocksmith is online now  
Old Mar 28, 2023, 1:54 pm
  #25  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
No. AA is not responsible for consequental losses
AirborneLocksmith likes this.
Dave Noble is offline  
Old May 8, 2023, 11:06 am
  #26  
 
Join Date: Jun 2015
Posts: 343
I booked (F)LHR - (J) JFK - BUF, and had my flight switched to (J) LHR - (Y) PHL - BUF. I paid with AA miles. Since the entire ticket has been downgraded, I'm eligible for a 75% refund of the miles used, correct? All flights are on AA metal.
Zelucifer is offline  
Old May 8, 2023, 3:25 pm
  #27  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
Originally Posted by Zelucifer
I booked (F)LHR - (J) JFK - BUF, and had my flight switched to (J) LHR - (Y) PHL - BUF. I paid with AA miles. Since the entire ticket has been downgraded, I'm eligible for a 75% refund of the miles used, correct? All flights are on AA metal.
Correct - but not until after travel has occurred
Zelucifer likes this.
Dave Noble is offline  
Old May 14, 2023, 12:47 pm
  #28  
 
Join Date: Nov 2015
Posts: 158
ok, a bit of a weird one.

I booked a business round trip ticket a few weeks ago and did online check in today and paid £398 to upgrade to 1st and got a confirmed seat.

An hour ago AA called me to say there is an equipment change and I'm being refunded my £398 and given a $600 trip credit valid for one year. I obviously wasn't expecting the call and so was a bit cagey on my response as I wasn't sure what rights I'd be giving up here. I asked if this was a UK261 scenario and the rep said yes. At that point we left it there and I'm now back in J on the same out bound flight from LHR tomorrow.

Based on what I can tell this is 75% of the outbound cost (so given it's a £4000 flight, that's likely 75% of 2k), or would there be some weird clause due to it being a last minute upgrade?
contractor is offline  
Old May 14, 2023, 4:56 pm
  #29  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,424
Did you get ticketed into 1st class ? if so then you have the protections of EC261

Was it $4000 one way or is that a r/t price? if r/t you would need to check the one way component ( likely to be half of the r/t cost ) and base off of that
Dave Noble is offline  
Old May 14, 2023, 7:27 pm
  #30  
 
Join Date: Apr 2004
Location: Omaha
Programs: AA Life Plat 4mm, Hilton Diamond
Posts: 1,452
Ticketed ATH/LHR/OMA/ORD AA award - booked 4/18
BA cancelled 10:15 ATH-LHR put us on the 15:30 flight which of course now requires an overnight; we booked t4 Hilton for £159 - no food/ travel expense (dinner in the lounge/AC T3 next morning)
BA created a case number, I mailed a hotel copy/BA record locator to Washington DC
BA sent a second email saying they are working on it.
Since we got home at 18:30 on 4/19 instead of 21:30 on 4/18 I asked if EU 261 ($600?) was appropriate - no word yet
Anything else I should do?
kmandrew is online now  

Thread Tools
Search this Thread

Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.