EU 261 for missed connection
#16
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Location: Netherlands
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Originally Posted by EC
Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
Last edited by irishguy28; Dec 8, 2017 at 12:58 pm
#17
Original Poster
Join Date: Jun 2008
Location: Northern Nevada
Programs: DL,EK
Posts: 1,652
Wiki says: "For type 3 flights delayed by between three and four hours, the compensation is halved to €300."
https://en.wikipedia.org/wiki/Flight...ation_261/2004
But I don't see that in the EC261 text.
Aer Lingus emailed me today to say that they are sending a check for $1418 (600 EUR x 2) to my US address. Fingers crossed. That was a 6-day response time.
https://en.wikipedia.org/wiki/Flight...ation_261/2004
But I don't see that in the EC261 text.
Aer Lingus emailed me today to say that they are sending a check for $1418 (600 EUR x 2) to my US address. Fingers crossed. That was a 6-day response time.
Last edited by DesertNomad; Dec 8, 2017 at 3:35 pm
#18
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The reduced compensation is intended for those who are rebooked/rerouted/bumped ("offered re-routing to their final destination on an alternative flight pursuant to Article 8"); I don't believe it is paid to people who travel on the flight as originally booked and which is subject to a simple delay.
#20
Join Date: Aug 2015
Posts: 23
Confirming coverage
Good afternoon,
Before I fire off a EU 261 request - please can I check my understanding of my circumstance is correct. Fact pattern:
I flew YYZ->DUB->BHX last week. The YYZ->DUB leg was ~30 mins late leaving due to "the crew bus being stuck in traffic and arriving late to the airport". As a consequence I missed my connection at DUB and was moved onto the next BHX flight by the staff at the DUB transfer desk. The flight landed in at BHX ~4:15 later than my originally ticketed time.
My understanding is given the total delay was > 4 hrs, the total distance was >3,500 km and the cause of the delay wasn't an exceptional circumstance - the amount due under EU261 would be EUR 600 - am I correct? Are there any Brexit related issues / changes to consider given my flight started and ended outside of the EU?
Many thanks
TheHoof.
Before I fire off a EU 261 request - please can I check my understanding of my circumstance is correct. Fact pattern:
I flew YYZ->DUB->BHX last week. The YYZ->DUB leg was ~30 mins late leaving due to "the crew bus being stuck in traffic and arriving late to the airport". As a consequence I missed my connection at DUB and was moved onto the next BHX flight by the staff at the DUB transfer desk. The flight landed in at BHX ~4:15 later than my originally ticketed time.
My understanding is given the total delay was > 4 hrs, the total distance was >3,500 km and the cause of the delay wasn't an exceptional circumstance - the amount due under EU261 would be EUR 600 - am I correct? Are there any Brexit related issues / changes to consider given my flight started and ended outside of the EU?
Many thanks
TheHoof.
#21
Join Date: Jan 2014
Location: EIDW
Programs: Aer Lingus Concierge, Radisson Rewards Platinum, BW Diamond, Hilton Gold
Posts: 1,968
Should be a valid claim.
In this case it is an EU carrier throughout, guess you were booked on the EI262 to BHX?
Operated by a EU carrier to/from EU you are covered. €600 sounds right.
In this case it is an EU carrier throughout, guess you were booked on the EI262 to BHX?
Operated by a EU carrier to/from EU you are covered. €600 sounds right.
#22
Join Date: Sep 2017
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Posts: 934
Sounds right. But completely ridiculous. €600 for a four hour delay caused by traffic congestion is absolutely mental, especially in post Covid times with airlines at the pin of their collar.
#23
Join Date: Aug 2015
Posts: 23
Yes, I was originally booked on EI262.
I don't disagree that the cost to the airline in this instance is significant. However I also have little doubt that were the situation reversed and I was late arriving due to traffic, I'd be shown very little in the way of accommodations and would need to incur significant costs to get to my destination. Thems the rules & it swings both ways.
I don't disagree that the cost to the airline in this instance is significant. However I also have little doubt that were the situation reversed and I was late arriving due to traffic, I'd be shown very little in the way of accommodations and would need to incur significant costs to get to my destination. Thems the rules & it swings both ways.
#24
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Exactly, someone in HQ will learn having the crew hotel on the wrong side of town was a bad idea.
In this case only a small number onboard would have claim as the actual delay was small but its impact on connections possibly significant, so if the 262 was missed, then the 202 to MAN, all the regional UK destinations were missed as well.
In this case only a small number onboard would have claim as the actual delay was small but its impact on connections possibly significant, so if the 262 was missed, then the 202 to MAN, all the regional UK destinations were missed as well.
Last edited by ROKNA; May 20, 2022 at 12:14 am
#26
Join Date: Sep 2017
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Over a little past a four hour delay? Maybe cut them a break and stop milking it.
#27
Join Date: Aug 2015
Posts: 23
A failure to plan, both on getting crew to the airport on time and offering a schedule with such a tight connection, is something the airline should accept the consequences of.
As I said in my previous post, were the situation reversed and I was late to the airport and missed the departure by 30 mins - would I be cut a break? I'd suggest not.
#28
Join Date: Mar 2011
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Do you work for EI? The rules are the rules for a reason, and EI knows the risks they take when they put their staff sufficiently far away from the airport to get stuck in traffic. Traffic is not an extraordinary circumstance, and if the OP were to get stuck in traffic and miss their flight, EI would happily take their money for a new ticket.
#29
Join Date: Sep 2017
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Posts: 934
Do you work for EI? The rules are the rules for a reason, and EI knows the risks they take when they put their staff sufficiently far away from the airport to get stuck in traffic. Traffic is not an extraordinary circumstance, and if the OP were to get stuck in traffic and miss their flight, EI would happily take their money for a new ticket.
#30
Join Date: Jan 2014
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Posters issue qualifies as legitimate claim.
The arguments around EC261 have been around for a long time, but the race to make a profit leaves EI exposed. Its not unreasonable to compensate for failure to satisfy the contract
1. Setting MCT's which are too tight (arrive off a TATL on a 300 gate and transfer to south gates...)
2. Tight turnarounds and known risk (e.g. German airports after 11pm) not managed
3. Return to base airport as destination lacks support (or EI hasn't someone under contract locally) to repair a problem but safe to fly but cannot depart again without repair
4. Operated TATL for several years with absolutely no backup/spare
Someone in head office has done the math and worked out what amount of EC261 they want to pay and that is less than the savings made by being 'optimistic'
The arguments around EC261 have been around for a long time, but the race to make a profit leaves EI exposed. Its not unreasonable to compensate for failure to satisfy the contract
1. Setting MCT's which are too tight (arrive off a TATL on a 300 gate and transfer to south gates...)
2. Tight turnarounds and known risk (e.g. German airports after 11pm) not managed
3. Return to base airport as destination lacks support (or EI hasn't someone under contract locally) to repair a problem but safe to fly but cannot depart again without repair
4. Operated TATL for several years with absolutely no backup/spare
Someone in head office has done the math and worked out what amount of EC261 they want to pay and that is less than the savings made by being 'optimistic'