EU261 response delays
Sep 8, 2022, 5:42 am
#1
Original Poster
Join Date: Mar 2019
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Posts: 325
EU261 response delays
Back in July I submitted a couple of claims for EU261 compensation to AFKL for delays due to missed connections - I selected vouchers rather than the cash option..
Still though, 6 weeks later there is no feeback on the website other than "We have received your claim and will process it as soon as possible.", which it's been showing for the last month or so.
I appreciate that back then there were lots of delays and there may be some backlog, What's a typical response time for something that should be quite straightforward?
I was hoping to use the vouchers for a couple of XP runs next month.
Still though, 6 weeks later there is no feeback on the website other than "We have received your claim and will process it as soon as possible.", which it's been showing for the last month or so.
I appreciate that back then there were lots of delays and there may be some backlog, What's a typical response time for something that should be quite straightforward?
I was hoping to use the vouchers for a couple of XP runs next month.
Sep 8, 2022, 12:54 pm
#3
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Join Date: Mar 2019
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Thanks, that's the kind of response i was expecting.
Is there a way to encourage them to push it through? I see in the tracking page there's a way to "update" - wonder if i need to "update" them that it's still unresolved?
Is there a way to encourage them to push it through? I see in the tracking page there's a way to "update" - wonder if i need to "update" them that it's still unresolved?
Sep 9, 2022, 12:19 am
#4
Join Date: Jan 2007
Location: RTM
Programs: DiamondClub (rip), Currently an Alliance Treble Champion (BA, A3, AZ)
Posts: 1,786
I'm still waiting about 100 days for a 24hr delay. Submitted 27 May no response yet.
Make sure you submit an IND complaint, which they will let you make at 61 days (not that it will be investigated, but it adds up against AFKLM and maybe one day they will do less than nothing...)
Ultimately, your only option is to initiate legal proceedings.. ironically, this is way easier to do if you reside outside Netherlands. You can file a EU Small claims (or MCOL for UK) procedure against a foreign EU enterprise for about 50 EUR. If you are NL based, the minimum small claims charge is about 400 EUR at the kanton court.
Make sure you submit an IND complaint, which they will let you make at 61 days (not that it will be investigated, but it adds up against AFKLM and maybe one day they will do less than nothing...)
Ultimately, your only option is to initiate legal proceedings.. ironically, this is way easier to do if you reside outside Netherlands. You can file a EU Small claims (or MCOL for UK) procedure against a foreign EU enterprise for about 50 EUR. If you are NL based, the minimum small claims charge is about 400 EUR at the kanton court.
Sep 9, 2022, 3:58 am
#5
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Join Date: Jul 2006
Location: Hong Kong, France
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Posts: 15,545
Your case might not be a straightforward one.
I guess your itin was A-V-C, with transit in V being CDG r AMS, all flights on AKL, and you arrived in C with long delay? Or was it bit more complicated?
I guess your itin was A-V-C, with transit in V being CDG r AMS, all flights on AKL, and you arrived in C with long delay? Or was it bit more complicated?
Sep 9, 2022, 8:42 am
#6
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yes, you're exactly right.
BOD-CDG-MUC, BOD was 1h25 late to leave and eventually arrived MUC 5hrs late.
MUC-AMS-BOD, MUC was 1h45 late to leave and arrived BOD 7hrs late.
In each case i gave detailed timing and reasons for the delays (late incoming, freight loading), i would have thought these were reasonably straightforward, no?
BOD-CDG-MUC, BOD was 1h25 late to leave and eventually arrived MUC 5hrs late.
MUC-AMS-BOD, MUC was 1h45 late to leave and arrived BOD 7hrs late.
In each case i gave detailed timing and reasons for the delays (late incoming, freight loading), i would have thought these were reasonably straightforward, no?
Sep 9, 2022, 10:59 am
#7
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My experience is that it is better to be short and straight to the point.
Like: you had a BOD-MUC ticket, you arrived 5h late.
AFKL would either pay 250/voucher or argue some exceptional circumstances that you could dispute.
Like: you had a BOD-MUC ticket, you arrived 5h late.
AFKL would either pay 250/voucher or argue some exceptional circumstances that you could dispute.
Sep 10, 2022, 9:33 am
#10
Join Date: Sep 2022
Posts: 5
Yes... because the strike its up to the airline. So they have to pay.
Sep 10, 2022, 9:43 am
#11
Join Date: Jul 2018
Location: MSP
Posts: 469
I have done everything in my power but AF won't relent. I filed claims with AF twice. I filed a complaint with the US DOT. I filed a complaint with the EU. Both times that I gave AF my claim, they responded saying eu261 doesn't cover pilot strikes.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.
Sep 10, 2022, 10:25 am
#12
Join Date: Oct 2012
Location: UK
Programs: BA Silver, Marriott Titanium, Accor Plat, IHG Diamond
Posts: 651
I have done everything in my power but AF won't relent. I filed claims with AF twice. I filed a complaint with the US DOT. I filed a complaint with the EU. Both times that I gave AF my claim, they responded saying eu261 doesn't cover pilot strikes.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.
My flight was cancelled due to a strike by airline staff. What are my rights? Am I entitled to financial compensation?
Regardless of the circumstances, if your flight is cancelled you always have the right to one of the following options: reimbursement of your ticket, re-routing or a return flight as well as the right to assistance.
You may also have a right to compensation (if you were informed less than 14 days prior to the scheduled departure date). However, compensation is not due if the carrier can prove that the cancellation was caused by extraordinary circumstances.
A strike organised by trade union staff of an air carrier that is intended to support workers’ demands does not constitute an ‘extraordinary circumstance’. Therefore, internal strike action does not release the airline from its obligation to pay compensation in the event of cancellation or long delay of flights. However, strikes ‘external’ to the airline, such as strike action taken by air traffic controllers or airport staff, may constitute an extraordinary circumstance.
If the airline does not provide you with a satisfactory explanation, you can contact your national authority for further assistance.
Regardless of the circumstances, if your flight is cancelled you always have the right to one of the following options: reimbursement of your ticket, re-routing or a return flight as well as the right to assistance.
You may also have a right to compensation (if you were informed less than 14 days prior to the scheduled departure date). However, compensation is not due if the carrier can prove that the cancellation was caused by extraordinary circumstances.
A strike organised by trade union staff of an air carrier that is intended to support workers’ demands does not constitute an ‘extraordinary circumstance’. Therefore, internal strike action does not release the airline from its obligation to pay compensation in the event of cancellation or long delay of flights. However, strikes ‘external’ to the airline, such as strike action taken by air traffic controllers or airport staff, may constitute an extraordinary circumstance.
If the airline does not provide you with a satisfactory explanation, you can contact your national authority for further assistance.
If you don't get a positive response and can't get any authority to support your request, then it might be worth using a specialist agency (there are plenty around and I have no experience of any of them, they will take a cut of the compensation).
FYI I used this template for my request.
Sep 10, 2022, 5:19 pm
#13
Join Date: Jul 2018
Location: MSP
Posts: 469
I recently got a claim accepted by Transavia (part of AF/KL) due to their strike on a flight cancelled the day before departure, I used the EU's own FAQ to support my claim:
If I were you, I would include this in another short email that is direct and to the point, raising that your next step is to escalate.
If you don't get a positive response and can't get any authority to support your request, then it might be worth using a specialist agency (there are plenty around and I have no experience of any of them, they will take a cut of the compensation).
FYI I used this template for my request.
If I were you, I would include this in another short email that is direct and to the point, raising that your next step is to escalate.
If you don't get a positive response and can't get any authority to support your request, then it might be worth using a specialist agency (there are plenty around and I have no experience of any of them, they will take a cut of the compensation).
FYI I used this template for my request.
Sep 11, 2022, 2:36 am
#14
FlyerTalk Evangelist
Join Date: Jul 2006
Location: Hong Kong, France
Programs: FB , BA Gold
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I have done everything in my power but AF won't relent. I filed claims with AF twice. I filed a complaint with the US DOT. I filed a complaint with the EU. Both times that I gave AF my claim, they responded saying eu261 doesn't cover pilot strikes.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.
It's absolutely insane that they can get away with this. $2000 I'm owed, and they just lie to your face.