Originally Posted by
mjgandhi
DM, Flew on Delta ticket from MSP-CDG-BOM. CDG-BOM was Air France code share. CDG-BOM flight delayed by five hours due to technical issue. Filed with Delta via comments for EC 216 compensation. Received following reply " I apologize for the confusion. As of December 19, 2019, based on the European Court of Justice recent decisions, it has been determined that customers traveling from an origin outside the EU to a final destination outside the EU, will no longer have travel fall under EU 261 Regulation. This request that you have submitted is now outside the travel scope of EU 261 Regulation."
Is this true or Delta is playing hardball. I had not heard of this and google search brings up nothing about this provision. Any advice will be greatly appreciated.
Thanks
You filed with wrong airline.
AF is the you need to claim from. The operating airline of the covered flight is who you file with.
Basically for EU261 purposes, must meet one of following
A)flight depart EU/SWITZERLAND
OR
B)flight is operated by EU/SWISS carrier anywhere in world
OR
C)flight is operated by any non-EU/SWISS carrier outside EU/SWISS and was sold as a connection marketed by an airline from a flight marketed by same airline that departed EU/SWISS. I.e.
- DL1234 ATH-ATL and DL5678 ATL-SAT. DL5678 is still covered. However both flights must be marketed the same.
- AF9800 ATH-ATL operated by DL1234 and DL5678 ATL-SAT. In this case, DL5678 isn't covered.
- AF9800 ATH-ATL operated by DL1234 and AF9900 operated by DL5678. DL5678 is covered.
For A and B always file with operating airline. For C this is true fore the flight ex-EU/SWISS. For the connection isn't exactly clear. Most will say operating carrier of ex-EU segment. However some will say the marketing carrier of both segments.