Complex EU261 eligibility question
#1
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Join Date: Dec 2013
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Complex EU261 eligibility question
I can't see the answer to this one. I also may be posting in the wrong place so apologies if so.
My itinary, booked on AA.com was having me fly LAS JFK LHR DUB with an arrival due at 1045 this morning.
Anyhow, the late departure from LAS and an hour holding before landing at JFK meant we missed AA100 to LHR. This flight was due in about 0630 for our onward connection on BA to DUB at 0830.
We were rebooked onto the BA flight to LHR that was due into LHR at 0930 to get the later BA flight to DUB at 1035, however, our BA flight was about 45 minutes late at the gate and our flight to DUB was rebooked again. I'm writing this now from the lounge at LHR awaiting the BA836 (1315 dep) to DUB. This will hopefully have me on the gorund about 1430.
I'm clearly going to be over the 4 hours, but my confusion is whether I'm eligilble. Clearly, the final flight was always on BA (I know the rules are an EU airline or originating in the EU and AA ain't an EU airline)
If I can claim, is it the full 600 Euro? If I can't claim, am I due anything for my delay and from who?
Apart from lost time my only real financial losses are the loss of my return flight back to LGW but this was only £30 on Ryan Air and a prepaid train fare back to Brighton from LGW along with my time.
I've now booked a reward flight at 1600 back to LCY and will have to buy a new train ticket, so my actually losses are minimal.
Any help/advice would be greatly appreciated.
My itinary, booked on AA.com was having me fly LAS JFK LHR DUB with an arrival due at 1045 this morning.
Anyhow, the late departure from LAS and an hour holding before landing at JFK meant we missed AA100 to LHR. This flight was due in about 0630 for our onward connection on BA to DUB at 0830.
We were rebooked onto the BA flight to LHR that was due into LHR at 0930 to get the later BA flight to DUB at 1035, however, our BA flight was about 45 minutes late at the gate and our flight to DUB was rebooked again. I'm writing this now from the lounge at LHR awaiting the BA836 (1315 dep) to DUB. This will hopefully have me on the gorund about 1430.
I'm clearly going to be over the 4 hours, but my confusion is whether I'm eligilble. Clearly, the final flight was always on BA (I know the rules are an EU airline or originating in the EU and AA ain't an EU airline)
If I can claim, is it the full 600 Euro? If I can't claim, am I due anything for my delay and from who?
Apart from lost time my only real financial losses are the loss of my return flight back to LGW but this was only £30 on Ryan Air and a prepaid train fare back to Brighton from LGW along with my time.
I've now booked a reward flight at 1600 back to LCY and will have to buy a new train ticket, so my actually losses are minimal.
Any help/advice would be greatly appreciated.
#2
Join Date: Aug 2010
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I don't think so. Without going through the regulation line by line, I'd suggest that your EU261 eligible delay started when BA was operating your JFK-LHR, and would continue until you arrive in DUB. This will be <3h and therefore nothing will be payable. I might have argued for a trip in vein or a reroute within 300 miles and stopped the trip at LHR unless I needed those 40 TP.
#3
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I can't see the answer to this one. I also may be posting in the wrong place so apologies if so.
My itinary, booked on AA.com was having me fly LAS JFK LHR DUB with an arrival due at 1045 this morning.
Anyhow, the late departure from LAS and an hour holding before landing at JFK meant we missed AA100 to LHR. This flight was due in about 0630 for our onward connection on BA to DUB at 0830.
We were rebooked onto the BA flight to LHR that was due into LHR at 0930 to get the later BA flight to DUB at 1035, however, our BA flight was about 45 minutes late at the gate and our flight to DUB was rebooked again. I'm writing this now from the lounge at LHR awaiting the BA836 (1315 dep) to DUB. This will hopefully have me on the gorund about 1430.
I'm clearly going to be over the 4 hours, but my confusion is whether I'm eligilble. Clearly, the final flight was always on BA (I know the rules are an EU airline or originating in the EU and AA ain't an EU airline)
If I can claim, is it the full 600 Euro? If I can't claim, am I due anything for my delay and from who?
Apart from lost time my only real financial losses are the loss of my return flight back to LGW but this was only £30 on Ryan Air and a prepaid train fare back to Brighton from LGW along with my time.
I've now booked a reward flight at 1600 back to LCY and will have to buy a new train ticket, so my actually losses are minimal.
Any help/advice would be greatly appreciated.
My itinary, booked on AA.com was having me fly LAS JFK LHR DUB with an arrival due at 1045 this morning.
Anyhow, the late departure from LAS and an hour holding before landing at JFK meant we missed AA100 to LHR. This flight was due in about 0630 for our onward connection on BA to DUB at 0830.
We were rebooked onto the BA flight to LHR that was due into LHR at 0930 to get the later BA flight to DUB at 1035, however, our BA flight was about 45 minutes late at the gate and our flight to DUB was rebooked again. I'm writing this now from the lounge at LHR awaiting the BA836 (1315 dep) to DUB. This will hopefully have me on the gorund about 1430.
I'm clearly going to be over the 4 hours, but my confusion is whether I'm eligilble. Clearly, the final flight was always on BA (I know the rules are an EU airline or originating in the EU and AA ain't an EU airline)
If I can claim, is it the full 600 Euro? If I can't claim, am I due anything for my delay and from who?
Apart from lost time my only real financial losses are the loss of my return flight back to LGW but this was only £30 on Ryan Air and a prepaid train fare back to Brighton from LGW along with my time.
I've now booked a reward flight at 1600 back to LCY and will have to buy a new train ticket, so my actually losses are minimal.
Any help/advice would be greatly appreciated.
Indeed complicated
As with the AA inbound there would NOT have been EU261 protection
However you were rebooked to ba which is covered by EU261 inbound.
So imho if your flight arrives 3hours late 300€ and 4 hours late 600€
Others may disagree but thats how I read it...
#4
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Most of this mess was caused by a delay that occurred in the US on a US airline and therefore is not covered by EC261/2004. The only thing you might have a claim for is the last bit where I gather there was another delay.
#5
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Yup, I do need those 40 TP for gold!
The flight I was rescheuled onto was due into DUB at 1205. I'm on board BA836 now and this is showing an expected arrival time of 1430 so under 3 hours on the bit BA is reponsible for.
I'm none the wiser and the staff in the lounge were unsure too although they said as I'm late I should claim regardless.
If I am due a claim from BA that sounds very rough on them, seeing as they were helping out AA in the first place!
The flight I was rescheuled onto was due into DUB at 1205. I'm on board BA836 now and this is showing an expected arrival time of 1430 so under 3 hours on the bit BA is reponsible for.
I'm none the wiser and the staff in the lounge were unsure too although they said as I'm late I should claim regardless.
If I am due a claim from BA that sounds very rough on them, seeing as they were helping out AA in the first place!
#6
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Join Date: Jan 2002
Posts: 44,600
The late departure of the flight from USA isnt eligible so nisconnect in USA isnt eligible
Once rebooked onto BA from USA, if the rebooked BA flights are delayed such that you arrive 3+ hours late in regards to the scheduled booking for BA JFK-LHR-DUB, then should be eligible
Not really - AA booked passenger onto a BA flight ; when rebooking the originating airline is normally charged for the flight - it isn't a charity offer by BA to take the passenger
If BA then fails to operate to schedule, why is it any different to any other passenger on board?
It sounds like the 3 hour threshold wont be met, so will be moot
Once rebooked onto BA from USA, if the rebooked BA flights are delayed such that you arrive 3+ hours late in regards to the scheduled booking for BA JFK-LHR-DUB, then should be eligible
If BA then fails to operate to schedule, why is it any different to any other passenger on board?
It sounds like the 3 hour threshold wont be met, so will be moot
Last edited by Dave Noble; Mar 27, 2017 at 6:08 am
#7
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Best discussed in the proper thread so that experiences can be shared. In summary no compensation. AA isn't in scope for the first delay, BA isn't 3 hours late (yet) on the second set of delays.
#8
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First, not worth posting, discussing (or raising with BA lounge or other staff) until after your arrival at DUB. The only delay that ever matters is delay at your final ticketed destination and that is DUB.
Second, why was your BA flight JFK-LHR delayed? Was this due to something such as weather or air traffic control or something such as a mechanical defect or baggage loading? That will determine whether there is any compensation even possible.
Third, this is not complex in the lease. EC 261/2004 looks solely at the operating carrier of a covered ticket. In this case that is the rebooked ticket on BA: JFK-LHR-DUB. Although your OP does not list the scheduled arrivals into DUB, which is the only metric which matters, from the BA schedule, these are 1205 and 1440 respectively. Thus, you were scheduled to arrive into DUB at 1205. If you arrive at DUB after 1505, you will be due EUR 300 (3+ hours delay) and if after 1605, you will be due EUR 600 (4+ hours delay).
Fourth, as to the issue of BA doing AA a courtesy. It is not. Even in standard situations, air carriers interline their passengers in IRROPS every day. On an annualized basis, for every time BA takes passengers from AA, there will be the reverse. Moreover, there is a JV between BA-AA and thus the revenue is largely shared, so it does not matter.
Thus, we need to know the cause of the delay on the JFK-LHR segment and the arrival time at DUB (doors open).
Second, why was your BA flight JFK-LHR delayed? Was this due to something such as weather or air traffic control or something such as a mechanical defect or baggage loading? That will determine whether there is any compensation even possible.
Third, this is not complex in the lease. EC 261/2004 looks solely at the operating carrier of a covered ticket. In this case that is the rebooked ticket on BA: JFK-LHR-DUB. Although your OP does not list the scheduled arrivals into DUB, which is the only metric which matters, from the BA schedule, these are 1205 and 1440 respectively. Thus, you were scheduled to arrive into DUB at 1205. If you arrive at DUB after 1505, you will be due EUR 300 (3+ hours delay) and if after 1605, you will be due EUR 600 (4+ hours delay).
Fourth, as to the issue of BA doing AA a courtesy. It is not. Even in standard situations, air carriers interline their passengers in IRROPS every day. On an annualized basis, for every time BA takes passengers from AA, there will be the reverse. Moreover, there is a JV between BA-AA and thus the revenue is largely shared, so it does not matter.
Thus, we need to know the cause of the delay on the JFK-LHR segment and the arrival time at DUB (doors open).
#9
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I've no idea why we was late into LHR. We pushed back about 10 mins late and circled for 20 mins at LHR. Nothing too unusual on a Monday morning.
The problem was that there was exactly one hour between scheduled arrival and departure, so it was always going to be optimistic.
The LHR DUB flight we eventually flew on did arrrive a little late at 1450 (doors open on my watch) which is frustratingly 15 mins short of the 3 hours for the rescheduled flights but a total delay of about 5 hours.
If EU261 isn't going to work do I have any recourse with AA?
The problem was that there was exactly one hour between scheduled arrival and departure, so it was always going to be optimistic.
The LHR DUB flight we eventually flew on did arrrive a little late at 1450 (doors open on my watch) which is frustratingly 15 mins short of the 3 hours for the rescheduled flights but a total delay of about 5 hours.
If EU261 isn't going to work do I have any recourse with AA?
#11
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#12
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If you held over LHR for 20 minutes on arrival from JFK, that is most likely due to ATC or weather and that would likely have knocked you out of compensation anyway.
Your arrival at DUB was a good deal short of 3 hours, so nothing anyway.
"Frustratingly?" This points to the entire problem with EC 261/2004 --- it's not meant to be a money-maker.
AA is unlikely to provide anything to OP for a delayed arrival into JFK unless it was for some clearly avoidable serious problem for two non-status (on AA) pax. OP is free to ask, but the gesture will be AA miles which can't be combined with avios.
Your arrival at DUB was a good deal short of 3 hours, so nothing anyway.
"Frustratingly?" This points to the entire problem with EC 261/2004 --- it's not meant to be a money-maker.
AA is unlikely to provide anything to OP for a delayed arrival into JFK unless it was for some clearly avoidable serious problem for two non-status (on AA) pax. OP is free to ask, but the gesture will be AA miles which can't be combined with avios.