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-   -   Compensations for Cancellations/Delays/Changes - EC 261/2004 MASTER THREAD for AF (https://www.flyertalk.com/forum/air-france-frequence-plus/1709354-compensations-cancellations-delays-changes-ec-261-2004-master-thread-af.html)

fifty_two May 20, 2022 11:47 am

1 = i had a flight over 3500 kilometers with AF from paris and arrival was delayed by 3h , am i entitled for something ?

2 = (linked to question 1) = The issue with the 3h delay might come from the fact that AF will say that plane landed 2h54 mins later than scheduled (according to flightradar) but what count is the time crew opened the gates , and a b773 needs more than 5 mins to allow disembarking

When i arrived no one could provide me a certificate , so what should i do to support my claim if AF deny ??

3 = in case of missed flight (unrelated to question 1 or 2) ,i guess i can still claim the taxes and airport fees even in case of no show , what is the process ?

NickB May 23, 2022 3:46 am


Originally Posted by Ramz (Post 34265379)
Thanks so If I wanted I can get a full refund?

You are entitled to a full refund if you wish since your flight was cancelled. No need to accept a voucher if this is not what you want.

Mater May 24, 2022 2:52 am


Originally Posted by LikeaGVI (Post 34205430)
I filed an EC261 claim on Dec 8th, 2021 for a 22-hour delayed CPT-CDG flight. It’s now almost May 1st and when I check the AF website and put in my claim number it still says it’s processing and will be reviewed as soon as possible. How can this take almost 6-months???

I was flying J and am a ST Elite +. Calling in requires hours of holding. How do I escalate this?

Same here. Cancelled flight on 8th Dec with under 7 days notice and new flight the next day. Claim put in on 9th December and letter before action sent 2 weeks ago. I'm trying to contact by phone as last ditch attempt before starting a moneyclaim if I don't get any joy.

Mater May 24, 2022 6:37 am


Originally Posted by Mater (Post 34275433)
Same here. Cancelled flight on 8th Dec with under 7 days notice and new flight the next day. Claim put in on 9th December and letter before action sent 2 weeks ago. I'm trying to contact by phone as last ditch attempt before starting a moneyclaim if I don't get any joy.

Waste of time telephone call. No help as to when claim will be processed and told I need to wait, despite it being in for 6 months.

deveras Jul 26, 2022 7:37 am

AF gave two different responses for EC261 request from same flight?
 
I flew a few months back on the magical Air France flight from JFK to Point a Pitre, Guadeloupe. The flight was delayed from JFK due to operational issues, and we ended up arriving in Point a Pitre past the 3-hour delay threshold. Before we get into arguments, this delay does qualify for the EC261 compensation because Guadeloupe is considered a part of France for the purposes of the legislation.

I filed a EC261 claim with Air France for the delay and a month later got a rejection saying the delay was due to a lightning strike. I contested it and they never responded. I also filed a complaint to the French DGAC. A friend of mine on the same flight the same day filed another EC261 claim and this week got a 400 EUR deposit from Air France and an email apologizing for the "statutory crewrest as a result of late arrival of flight".

How can Air France give two different reasons and two different outcomes to the same EC 261 claim? Is there a good way to raise this to a) get my compensation and b) point out that Air France customer service may have lied to other passengers to get out of paying compensation?

Fabo.sk Jul 27, 2022 7:09 am

a) None other than to raise this with AF and wait again for reply

b) send the corroborating evidence to DGAC, AF is blatantly in breach.

deveras Sep 5, 2022 12:48 pm


Originally Posted by Fabo.sk (Post 34462482)
a) None other than to raise this with AF and wait again for reply

b) send the corroborating evidence to DGAC, AF is blatantly in breach.

Did the AF raising, and even enlisted Chris Elliott. After a month, they responded with the exact same reason for cancellation and denial even after I had copied / forwarded the info from my friend's PNR and compensation. It's mind-boggling.

AF said they also responded to the DGAC but I haven't received the DGAC letter back yet (which I presume they have to return to me). Is there a straightforward way to follow up on a DGAC claim?

jbandy10 Sep 8, 2022 12:30 pm

I am very confused and need advice.

My ATL-CDG flight was cancelled the day before it was supposed to depart on July 1st. I was not given another flight. Had to call AF and wage war just so they could finally rebook me on a crummy JFK-CDG flight on July 2nd that I had to PAY out of pocket to fly to.

I am trying to get my compensation from Air France and they keep telling me that EU261 does not cover cancelations that are the result of a pilot strike. I have brought this up with them twice and each time they have said that pilot strikes don't count.

This is a lie, correct? Pilot strikes do not exempt them from EU261, do they?

Fabo.sk Sep 13, 2022 8:14 am

Strikes of airlines own employees have been previously ruled not to exempt the airline from compensation. Additionally they did not offer adequate rerouting and refund of costs incurred, so that's another strike.

I would probably go straight ahead to small claims.

jbandy10 Sep 13, 2022 11:03 am


Originally Posted by Fabo.sk (Post 34596284)
Strikes of airlines own employees have been previously ruled not to exempt the airline from compensation. Additionally they did not offer adequate rerouting and refund of costs incurred, so that's another strike.

I would probably go straight ahead to small claims.

Small claims in the US?

olyair Nov 1, 2022 1:04 pm

My flight delayed for 13 hours and airline is relieying upon “Extraordinary Circumstances Damage to engine due to foreign object" and the test established by the CJEU in "Wallentin-Hermann v. Alitalia (C-549/07) and Van der Lans v. KLM (C-257/14)"

they have supplied photo and some other eveidence to back this up initially we were told the delay was due to a technical fault do i have a chance and persue it i am using airline ADR and they have asked me to provide my final comments?

any help will be grealty appreciated

Thanks
oliver

allaboutthemiles Nov 3, 2022 11:05 am

In September, I flew on AF1179 (NAP-CDG) and AF26 (CDG-IAD). Both flights were delayed. AF26 was originally scheduled to arrive at 7:30 p.m. The flight was delayed due to a mechanical issue (according to the gate agent) and didn't arrive until 12:17 a.m. on the following day. I immediately submitted a compensation claim on the AF website for the 4+ hour delay in arriving at my final destination. Today I received a reply denying my claim. The message only references the delay of AF1179 (apparently due to a broken down bus on the tarmac) as not being eligible for compensation. AF's reply makes no mention of the AF26 delay, which is the one for which I requested compensation. AF's website now shows the case as closed and I can't submit another compensation claim. Any thoughts on how I can appeal the denial?

NickB Nov 4, 2022 8:29 am


Originally Posted by olyair (Post 34725059)
My flight delayed for 13 hours and airline is relieying upon “Extraordinary Circumstances Damage to engine due to foreign object" and the test established by the CJEU in "Wallentin-Hermann v. Alitalia (C-549/07) and Van der Lans v. KLM (C-257/14)"

they have supplied photo and some other eveidence to back this up initially we were told the delay was due to a technical fault do i have a chance and persue it i am using airline ADR and they have asked me to provide my final comments?

any help will be grealty appreciated

Thanks
oliver

There is quite a bit of ECJ caselaw confirming that damage resulting from collision with a foreign object (such as a bird or debris on the runway) constitutes an extraordinary circumstance so you might have an uphill struggle to argue that it is not.
One thing that might be worth checking, though, is whether there was a possibility of rerouting that would have resulted in an earlier arrival.

aneesh01 Dec 9, 2022 3:21 pm

**Breaking news** AF Denies another EC 261/2004 claim
 
Hello fellow travellers,

I flew from India to the USA end of September. My flight was: PNQ -> BLR -> CDG -> DFW.

The first two flights went well. Landed in CDG with an hour to spare. Original flight from CDG was supposed to leave at 1010hrs. That flight got delayed, and finally canceled because of technical problems. We were then booked on a flight that left CDG at 1530hrs same day. I arrived in DFW 6 hours later than scheduled.

I filed for a flight delay compensation on Air France website the very next day. After almost 2 months, they replied with a denial. Their exact words:


Unfortunately, the route you had was outside EU zone (India to USA ), therefore, this incident is not entitled to a compensation according to EU regulation.
Having actually read the EC 261/2004 regulation (not just on Wikipedia, but also on europa.eu) I know for a fact that this is BS and AF is trying to weasel out of paying me. Conveniently, they have closed the ticket and are now stonewalling me.

Anyone else think simply because my incoming connecting flight was from a non-EU location, it somehow means that the 5 hours delay doesn't apply to me?

Of course I registered a complaint with the Europe Direct Contact Centre. I also talked to my credit card company (AmEx) and told them that AF is not being fair and I would like to dispute the charge (services not rendered to my satisfaction).

We'll see how this goes.

Adam Smith Dec 9, 2022 4:26 pm


Originally Posted by allaboutthemiles (Post 34730200)
AF's reply makes no mention of the AF26 delay, which is the one for which I requested compensation. AF's website now shows the case as closed and I can't submit another compensation claim. Any thoughts on how I can appeal the denial?

Same question here. AF responded to my claim with a load of BS and closed it. The website told me I could "update" it and add a comment, so I tried that, but it seems to have just disappeared into the ether. So how do I keep this going?


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