Eligible for EC 261/2004 ?

Old Sep 6, 18, 12:58 pm
  #1  
Original Poster
 
Join Date: Sep 2015
Location: Chicago, USA
Programs: M&M FTL
Posts: 28
Eligible for EC 261/2004 ?

Hi all,
I recently had a KLM flight cancelled and was wondering if this is eligible for compensation, here is the brief story:

1)Booking was ATH-AMS-ORD on KLM, purchased as an award ticket via Flying Blue
2)7 hours before departure KLM sends email claiming ATH-AMS leg is cancelled for "operational" reasons
3)Does not offer any refund, and rebooks me on ATH-FCO-ORD on AZ and UA respectively, which flights I took
4)Arrived at ORD less than 2 hours after original ATH-AMS-ORD time

Anyone know if this situation is eligible for any compensation?
Thank you,
-G
Ordfly is offline  
Old Sep 6, 18, 2:50 pm
  #2  
 
Join Date: Nov 2010
Location: Boston area, US
Programs: FB (platinum for life), AAdvantage (exec platinum), Aeroflot Bonus (gold)
Posts: 246
I don't think so. Your arrival should be delayed by 6+ hours on transatlantic flights to be eligible. There is a 50% compensation offer for involuntary rerouting but I'm not sure how exactly it works.
chil is offline  
Old Sep 6, 18, 10:34 pm
  #3  
 
Join Date: Jun 2005
Location: 🇸🇬 🇭🇰 🇫🇷
Programs: Many
Posts: 4,735
No compensation indeed.

And IMO they did a pretty good job on rerouting you with competition (UA notably) to get the minimum inconvenience.
Yoshi212 likes this.
bodory is offline  
Old Sep 6, 18, 10:38 pm
  #4  
 
Join Date: Dec 2009
Location: New York, NY
Programs: AA Gold. UA Silver, Marriott Gold, Hilton Diamond, Hyatt (Lifetime Diamond downgraded to Explorist)
Posts: 6,730
Does not qualify under EU261 and it seems like a rather good service recovery.
Yoshi212 is offline  
Old Sep 6, 18, 10:42 pm
  #5  
FlyerTalk Evangelist
 
Join Date: Mar 2002
Location: Berlin, SW Florida, and Toronto
Programs: UA 1K, Hilton Diamond, Discovery Black, and assorted others
Posts: 29,632
Certainly no EC261 case. And the fact that it was an award ticket is not relevant.
LondonElite is online now  
Old Sep 7, 18, 1:31 am
  #6  
 
Join Date: Aug 2017
Programs: BAEC
Posts: 24
Did your first flight departs earlier than the original flight?
ktllo is offline  
Old Sep 7, 18, 7:26 am
  #7  
Original Poster
 
Join Date: Sep 2015
Location: Chicago, USA
Programs: M&M FTL
Posts: 28
First flight departed same time (like 5 minute difference). Thanks for your inputs all, I think they did a good job as well, was just wondering.
Ordfly is offline  
Old Sep 7, 18, 3:14 pm
  #8  
 
Join Date: Jul 2015
Location: HAG
Programs: ST E+, *G, some hotel gold...
Posts: 2,552
Actually, I think you could have had a case.

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
...
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
So it all hangs on the planned arrival time of the alternative.

In your case, the UA FCO flight arrives like 15 minues after KLM flight, so it makes no difference.

But if someone finds this by googling - if you have a schedule difference of over 2 hours - you could try and pursue.
Fabo.sk is offline  
Old Sep 7, 18, 3:34 pm
  #9  
Suspended
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,270
Originally Posted by Fabo.sk View Post
Actually, I think you could have had a case.



So it all hangs on the planned arrival time of the alternative.

In your case, the UA FCO flight arrives like 15 minues after KLM flight, so it makes no difference.

But if someone finds this by googling - if you have a schedule difference of over 2 hours - you could try and pursue.
OP said that his departure changed by approximately 5 minutes and his arrival by less than two hours. That clearly does not meet the time constraints for a <7-day reroute under the Regulation and by the language which you yourself quoted.
glennhaak likes this.
Often1 is offline  
Old Sep 7, 18, 3:51 pm
  #10  
 
Join Date: Jul 2015
Location: HAG
Programs: ST E+, *G, some hotel gold...
Posts: 2,552
Originally Posted by Often1 View Post
OP said that his departure changed by approximately 5 minutes and his arrival by less than two hours. That clearly does not meet the time constraints for a <7-day reroute under the Regulation and by the language which you yourself quoted.
Yes, but arriving less than 2 hours after could mean arriving 1:55 after, being planned 2:05 after. As I mentioned, this is not for the benefit of OP, but for people who find this thread later on.
nancypants likes this.
Fabo.sk is offline  
Old Sep 7, 18, 6:08 pm
  #11  
Original Poster
 
Join Date: Sep 2015
Location: Chicago, USA
Programs: M&M FTL
Posts: 28
Originally Posted by Fabo.sk View Post
Yes, but arriving less than 2 hours after could mean arriving 1:55 after, being planned 2:05 after. As I mentioned, this is not for the benefit of OP, but for people who find this thread later on.
Thanks for posting this, the details of the regulation are important, but still does not apply to me. My original booking was KL 611 (planned arrival 1:55pm) and rebooking was UA 971 (planned arrival 2:10pm)
Same with departures, original KL was 6:00am planned vs rebooked was 5:55 planned.

They did indeed do a good job and honestly even if i was frustrated because of the short notice, I quite enjoyed UA J so no hard feelings. I just posted because I wanted to make sure I was not entitled to anything more.
Ordfly is offline  
Old Sep 8, 18, 4:30 am
  #12  
 
Join Date: Apr 2016
Location: UK/FR
Programs: FlyingBlue Platinum, Hertz PC, AVIS PC, Accor Gold, IHG Gold
Posts: 881
Make sure you bank the miles from the new itinerary though.
Mirk is offline  
Old Sep 8, 18, 9:37 am
  #13  
Original Poster
 
Join Date: Sep 2015
Location: Chicago, USA
Programs: M&M FTL
Posts: 28
Originally Posted by Mirk View Post
Make sure you bank the miles from the new itinerary though.
Already did! So glad I was able to bank 10k from a UA C fare
Mirk and bodory like this.
Ordfly is offline  

Thread Tools
Search this Thread
Search Engine: