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Compensation for a 2 Day Delay?

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Old Jun 7, 2017, 6:42 pm
  #16  
 
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Piggy backing off this topic, but would this work when flying delta, but applying the miles to a partner account? Ex, I flew DUB-JFK and had a 4 hour maintenance delay. I applied the flight to Alaska Airlines, but could I still file something through Delta? Flight was in March, and can't find the flight info on delta.com anymore.
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Old Jun 7, 2017, 7:41 pm
  #17  
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EC 261/2004 applies to the operating carrier, e.g. DL. It is a legal requirement and has nothing to do with FFP's or "crediting"

Presuming that you are speaking of a 4-hour arrival delay (departure is irrelevant), you are entitled to EUR 600 in cash (equivalent).
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Old Jun 7, 2017, 8:01 pm
  #18  
 
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Originally Posted by Often1
EC 261/2004 applies to the operating carrier, e.g. DL. It is a legal requirement and has nothing to do with FFP's or "crediting"

Presuming that you are speaking of a 4-hour arrival delay (departure is irrelevant), you are entitled to EUR 600 in cash (equivalent).
Little confused on the "arrival" part, but I was heading home(back to NY), and it was a 10:10am flight that did not take off until after 2:35pm. I have the emails showing the changes as well.
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Old Jun 7, 2017, 8:11 pm
  #19  
 
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Originally Posted by Amex For Children Of Africa
Little confused on the "arrival" part, but I was heading home(back to NY), and it was a 10:10am flight that did not take off until after 2:35pm. I have the emails showing the changes as well.
The arrival part means the amount your arrival at your destination (this case JFK) was delayed. It doesn't matter that your flight was delayed 4h25m on departure if they "make it up in the air."

What matters is how long after your scheduled arrival time you reached the gate. If you were scheduled for a 2:00pm arrival and arrived after 6pm, you'd be eligible for EUR600 compensation. If it arrived between 5-6pm in the same scenario, you'd be eligible for EUR300 compensation. Note, these are both payable in cash in your local currency which is why OP got USD670.

Last edited by mattp1987; Jun 8, 2017 at 9:07 pm Reason: Changed EU to EUR
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Old Jun 7, 2017, 8:16 pm
  #20  
 
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Originally Posted by mattp1987
The arrival part means the amount your arrival at your destination (this case JFK) was delayed. It doesn't matter that your flight was delayed 4h25m on departure if they "make it up in the air."

What matters is how long after your scheduled arrival time you reached the gate. If you were scheduled for a 2:00pm arrival and arrived after 6pm, you'd be eligible for EU600 compensation. If it arrived between 5-6pm in the same scenario, you'd be eligible for EU300 compensation. Note, these are both payable in cash in your local currency which is why OP got USD670.
Ok thank you for explaining the situation, makes sense. So I think I am eligible for something, so I sent a "complaint" over to Delta.



DUB Dublin, Ireland
JFK New York, NY
left Terminal 2 Dublin Int'l - DUB
arrived at Gate B30
John F Kennedy Intl - JFK
Sunday 19-Mar-2017 02:46PM GMT
(4 hours 36 minutes late)
Sunday 19-Mar-2017 05:53PM EDT
(4 hours 14 minutes late)

Last edited by Amex For Children Of Africa; Jun 7, 2017 at 8:25 pm
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Old Jun 8, 2017, 4:59 pm
  #21  
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As I read that, the arrival at JFK was 4:14 late. That entitles OP to EUR 600.

In your OP, you spoke of a late departure, but that is irrelevant. All that matters is your arrival time at your final ticketed destination. As you can see, your aircraft made up 22 minutes of the 4:36 departure delay. Had it made up another 15 minutes --- which would be pretty common --- you would only have been due EUR 300.
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Old Jun 8, 2017, 7:39 pm
  #22  
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Originally Posted by rob0225
With the initial offer is Delta trying to bank on the fact that the person may not know about the EU compensation and not make a claim?
Of course......and it's probably good PR to give a bit more than required and to do so without prompting. Much better would be to *also* automatically send the EC261 amount without it being requested, but that's not going to happen.
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Old Jun 8, 2017, 9:54 pm
  #23  
 
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Does the EU rules apply to US carriers?
How long did it take for your claim to get processed? I'm waiting still on my KLM delay of 7 hours (near 4 hour delay to AMS which caused misconnect and arrival at final destination was 7 hours late) (claim was submitted to DL)
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Old Jun 9, 2017, 7:40 am
  #24  
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Originally Posted by NOLAnwGOLD
Does the EU rules apply to US carriers?
How long did it take for your claim to get processed? I'm waiting still on my KLM delay of 7 hours (near 4 hour delay to AMS which caused misconnect and arrival at final destination was 7 hours late) (claim was submitted to DL)
1. Yes, EC 261/2004 applies to non-EU carriers such as DL, but only for flights departing the EU. In this thread, OP was booked on DL departing the EU.

2. You will wait a very long time to be paid. EU rules are broad, but very specific. You must file your claim with the operating carrier. If the flight was operated by KL, you must file the claim with KL. KL may refer the claim to DL for processing, but that is up to KL. What was the reason for your delay on the KL flight?
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Old Jun 9, 2017, 11:53 am
  #25  
 
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Does EC 261/2004 apply to any ex-EU delay that fits the time frames specified, or does it exclude delays cause by weather? (I assume weather is not a valid reason, but then again, the EU has some odd ways of making rules)
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Old Jun 9, 2017, 11:54 am
  #26  
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Originally Posted by woodenshoe101
Does EC 261/2004 apply to any ex-EU delay that fits the time frames specified, or does it exclude delays cause by weather? (I assume weather is not a valid reason, but then again, the EU has some odd ways of making rules)
Delays caused by weather are excluded. As are delays/cancellations caused by strikes.

The duty of care still applies, but no compensation is due.
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Old Jun 9, 2017, 11:58 am
  #27  
 
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Originally Posted by NOLAnwGOLD
Does the EU rules apply to US carriers?
How long did it take for your claim to get processed? I'm waiting still on my KLM delay of 7 hours (near 4 hour delay to AMS which caused misconnect and arrival at final destination was 7 hours late) (claim was submitted to DL)
my KLM delay from AMS-BCN (coming from the US, on delta and delta ticket) took a few weeks, but did come through without any issues or initial denials. I filed with KLM, but received email correspondence from delta and the check was from delta.
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Old Jun 10, 2017, 2:36 pm
  #28  
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Originally Posted by devans999
my KLM delay from AMS-BCN (coming from the US, on delta and delta ticket) took a few weeks, but did come through without any issues or initial denials. I filed with KLM, but received email correspondence from delta and the check was from delta.
+1 - EC 261/2004 requires that you seek compensation from the operating carrier, e.g. KL. KL may then contract with anybody to handle and pay the claim.

NOLAnwGOLD
needs to refile his claim with KL.
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Old Jul 17, 2017, 7:20 am
  #29  
 
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Originally Posted by Amex For Children Of Africa
Ok thank you for explaining the situation, makes sense. So I think I am eligible for something, so I sent a "complaint" over to Delta.



DUB Dublin, Ireland
JFK New York, NY
left Terminal 2 Dublin Int'l - DUB
arrived at Gate B30
John F Kennedy Intl - JFK
Sunday 19-Mar-2017 02:46PM GMT
(4 hours 36 minutes late)
Sunday 19-Mar-2017 05:53PM EDT
(4 hours 14 minutes late)
Originally Posted by Often1
As I read that, the arrival at JFK was 4:14 late. That entitles OP to EUR 600.

In your OP, you spoke of a late departure, but that is irrelevant. All that matters is your arrival time at your final ticketed destination. As you can see, your aircraft made up 22 minutes of the 4:36 departure delay. Had it made up another 15 minutes --- which would be pretty common --- you would only have been due EUR 300.

After 5 weeks Delta finally responded, confirming the 600 Euro($644) check. Again, thank you guys for explaining and bringing this up. This was actually more then the ticket cost! Guess I should tell my friends who were on the flight too
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