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Missed connection EU Reg 261/2004

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Missed connection EU Reg 261/2004

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Old Feb 28, 2015, 1:57 pm
  #1  
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Missed connection EU Reg 261/2004

Flight from Catania to Rome was delayed five hours because of ash from Mt. Etna, resulting in a missed connection to JFK from Rome. We bought new tickets for the trip back on other airlines, since Alitalia offered Rome to JFK tickets for about 4 days later, and arrived home one day later. Alitalia has denied any compensation for accommodation and new ticket costs based on the "extraordinary circumstances" language. Wondering if anyone has had a similar experience and waht the outcome was for the matter.
Thanks.
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Old Feb 28, 2015, 3:59 pm
  #2  
 
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Missed connection EU Reg 261/2004

Yes / EU261 likely would not apply in this case, as this would be treated as a "weather" incident which is beyond the airlines control.
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Old Feb 28, 2015, 4:23 pm
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Missed connection EU Reg 261/2004

Would be a good idea to look up the last time this happened for some kind of precedent. I believe it was posted here people asking the same questions, do not remember the result
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Old Feb 28, 2015, 5:59 pm
  #4  
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EC 261/2004 applies but would not provide delay/cancellation compensation. Had OP indeed been stranded at FCO for 4 days, he would have been entitled to a "duty of care" which would have included hotel + food.

OP is also entitled to a refund of the value of the FCO-JFK segment on AZ. That is simple contract and has nothing to do with compensation. That might not be much depending on the pricing if he held a return ticket and this was the return.

Hopefully the refund for the cancelled flight might offset some or all of the cost of the new tickets.

While it will likely fall on deaf ears, a tactic should anyone else face this in the future would be to point out to the carrier that if they rebook OA, they get you off their nicketl sooner.
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Old Feb 28, 2015, 8:03 pm
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AZ did refund the FCO to JFK leg, just looking for comp for the extra costs incurred getting home. Appreciate the quick feedback.
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Old Feb 28, 2015, 8:12 pm
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You won't get any compensation under EC 261/2004. The chances of AZ reimbursing you for tickets purchased on another carrier are slim to zero. But, it's always worth a try. I would frame the request based on AZ's refusal to book you on another carrier, requiring you to wait 4 days. I would also pursue a complaint with DOT against AZ for not accommodating you (if the request does not bear fruit).

All slim possibilities, but all free to try.
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Old Mar 1, 2015, 3:16 am
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Missed connection EU Reg 261/2004

To be clear, you're not looking for "compensation" which would be the term for a cash amount due to compensate you for the inconvenience and is not due in cases of exceptional circumstances.

You're looking for reimbursement of expenses incurred due to their failure to provide "duty of care" which they are obligated to provide even in exceptional circumstances.

Did they offer a hotel for the four days? That's what they were supposed to do. You're offering them a less expensive option but of course it's hard to argue that now with no actual hotel expenses

Last edited by zkzkz; Mar 1, 2015 at 3:13 pm
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Old Mar 1, 2015, 8:27 am
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While the delay itself was caused by "force majeure" and no compensation is due the airline still had the duty of care. They apparently failed since that care includes a rebooking on the next possible flight, not on any flight a couple of days out which seemed to fit for the airline.
OP was able to book and fly out soon so that rebooking should have been made by the responsible airline.
A reimbursement is therefore what the OP can expect. Now, to get that is another story.
red star is offline  


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