FlyerTalk Forums - View Single Post - need advice on claiming compensation via EU Reg 261/2004
Old Aug 13, 2013 | 3:48 pm
  #15  
abcx
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Join Date: Dec 2008
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Originally Posted by motytrah
As far as I can tell DL's standard operating procedure is simply not pay EU 261. At least not to PAX with a US based address.

That being said I would make my complaint to DL using the standard EU form. Maybe they'll mistake you a European and actually pay up :

http://ec.europa.eu/transport/themes...nt_form_en.pdf

I would then next forward that to the regulator for the departure city:

http://ec.europa.eu/transport/themes...ent_bodies.pdf

If they say you have a claim and DL still isn't paying up, then look at going to small claims. They may fail to show, or maybe you'll get to ruin the station manager's day by making him appear. I guess it's possible they could send a lawyer, but that seems way more expensive than just paying.
Well, I'm going to eventually file against AZ (I must wait for a 6 week period) because I think that's who is liable under the law. We'll see what the regulator says - in fact, I believe under EC 2004/261 AZ has to tell the passenger their rights and in this case they seem to be lying about who is liable. That in and of itself should be a violation.

I think for DL I will have no choice but to go to court so we'll see what AZ says...
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