EU compensation due?
Sep 12, 2014, 8:20 pm
#61
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It doesn't even necessarily apply to EU/EEC/EFTA carriers' flights to the EU from non-EU/EEC/EFTA countries; in other words, it doesn't apply when the EU carriers' flights to non-EU/EC/EFTA (third country) localities involves the EU carriers providing benefits/compensation and/or other assistance in the third country for flights to the EU/EEC/EFTA on EU/EEC/EFTA carriers.
Sep 12, 2014, 8:28 pm
#62
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I changed my mind. Can't keep quiet.
I guess it wasn't "due to extraordinary circumstances outside the airline's control," though I never did find out the reason for the delay. AA came back with a nice apology letter and an offer to pay the current value of 600 Euros ($800 something), or a voucher for $1700 something. Mrs. GaryD took the voucher.
BTW, after looking into this further, it looks like pax are entitled to compensation for a delay of as little as 3 hours, depending on the routing (ex or within EU).
I guess it wasn't "due to extraordinary circumstances outside the airline's control," though I never did find out the reason for the delay. AA came back with a nice apology letter and an offer to pay the current value of 600 Euros ($800 something), or a voucher for $1700 something. Mrs. GaryD took the voucher.
BTW, after looking into this further, it looks like pax are entitled to compensation for a delay of as little as 3 hours, depending on the routing (ex or within EU).
Sep 13, 2014, 1:06 pm
#63
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...
Using a company such as euclaim.co.uk , then they will take 30% of the money , but do all the work in recovering the money. I wouldn't use them unless after writing to AA and stating a claim for compensation under EU261 and getting refused payout
I don't know about euflyersrights site but euclaim I have heard to be good as long as you dont mind the recompense to you being EUR420 after they take their cut
Using a company such as euclaim.co.uk , then they will take 30% of the money , but do all the work in recovering the money. I wouldn't use them unless after writing to AA and stating a claim for compensation under EU261 and getting refused payout
I don't know about euflyersrights site but euclaim I have heard to be good as long as you dont mind the recompense to you being EUR420 after they take their cut
Sep 16, 2014, 10:32 pm
#64
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How many days for compensation from AA for EU261
Can someone who actually received compensation from AA regarding EU261 tell me how long it took from filing the complaint to receiving the compensation?
I haven't heard back and it is just under 30 days - not sure if that is usual or not.
I haven't heard back and it is just under 30 days - not sure if that is usual or not.
Sep 16, 2014, 10:34 pm
#65
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Write back , mentioning that you have not had a reply to letter of date xxxx ; this time put a deadline giving the airline 7 days to provide the compensation or that you will take action
Dec 24, 2014, 12:58 pm
#66
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How long to try before giving up?
My wife and I were recently delayed >4 hours on AA41 CDG-ORD. Flight was supposed to depart December 14 around noon, got delayed due to MX on inbound AA42 from ORD and didn't end up leaving until the following morning. In the meantime, we accepted a reroute on BA via LHR but still didn't arrive ORD until 4.5 hours after scheduled arrival. Seems like a pretty clear-cut case of compensation at EUR600 per passenger, right?
First email to AA simply "inquiring" about compensation got the following response:
Also was offered 10k miles each for the inconvenience, but clearly BS on the reason for denial. I wrote again pointing out that EU courts have repeatedly rejected the explanation of unforeseeable technical faults and got another, completely different, reason for denial:
Of course this is also wrong, since I was asking for compensation on AA41, which DOES depart from an EU member state. So naturally I wrote back again pointing out that the originating city on the itinerary is irrelevant (and adding my intention to escalate to the enforcement bodies)...but I'm also pretty frustrated that AA would so blatantly misrepresent the regulations hoping I'll go away.
Still waiting on response #3, which will probably include a third, equally irrelevant explanation. Any thoughts on how much longer I should keep up the back-and-forth before just bringing in a service like AirHelp? Any other tactics people would recommend?
First email to AA simply "inquiring" about compensation got the following response:
Further, we thank you for giving us the opportunity to respond to your request for compensation based on European Regulation 261/2004. Under EU regulations, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. We can assure you our aircraft undergo all required maintenance; however, despite the best preventive maintenance, some malfunctions cannot be predicted. Our records indicate all required measures pertinent to this flight were taken; therefore, no compensation under the EU Regulation No. 261/2004 is due.
Thank you for your request for compensation under EU Regulation 261/2004. The Regulation does provide for compensation to be paid to passengers in the event of a flight delay or cancellation. However, the Regulation does not apply to passengers departing from a third country, such as the United States, to a Member State when operated by a non-Community carrier. As your originating Flight 42 departed from Chicago, Illinois on December 6, 2014 and the United States is not a member state within the European Union and American Airlines is not a community carrier, the Regulation would not apply and no compensation under the Regulation would be due.
Still waiting on response #3, which will probably include a third, equally irrelevant explanation. Any thoughts on how much longer I should keep up the back-and-forth before just bringing in a service like AirHelp? Any other tactics people would recommend?
Dec 24, 2014, 1:25 pm
#67
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I would just send one more letter detailing the claim and include details of the Huzzar vs Jet2 where it was ruled that technical difficulties are not valid exemptions informing that it has 7 days to pay or action will be taken
After the 7 days, either start proceedings or , if wanting an easy life and happy to take a lower amount, pass it to one of the companies that handles EC261 claims ( though will lose about 30% )
If you are based in Europe, easy to just take AA directly to court over this; US small claims procedures looks a lot more hard work
After the 7 days, either start proceedings or , if wanting an easy life and happy to take a lower amount, pass it to one of the companies that handles EC261 claims ( though will lose about 30% )
If you are based in Europe, easy to just take AA directly to court over this; US small claims procedures looks a lot more hard work
Dec 24, 2014, 1:27 pm
#68
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My wife and I were recently delayed >4 hours on AA41 CDG-ORD. Flight was supposed to depart December 14 around noon, got delayed due to MX on inbound AA42 from ORD and didn't end up leaving until the following morning. In the meantime, we accepted a reroute on BA via LHR but still didn't arrive ORD until 4.5 hours after scheduled arrival. Seems like a pretty clear-cut case of compensation at EUR600 per passenger, right?
First email to AA simply "inquiring" about compensation got the following response:
Also was offered 10k miles each for the inconvenience, but clearly BS on the reason for denial. I wrote again pointing out that EU courts have repeatedly rejected the explanation of unforeseeable technical faults and got another, completely different, reason for denial:
Of course this is also wrong, since I was asking for compensation on AA41, which DOES depart from an EU member state. So naturally I wrote back again pointing out that the originating city on the itinerary is irrelevant (and adding my intention to escalate to the enforcement bodies)...but I'm also pretty frustrated that AA would so blatantly misrepresent the regulations hoping I'll go away.
Still waiting on response #3, which will probably include a third, equally irrelevant explanation. Any thoughts on how much longer I should keep up the back-and-forth before just bringing in a service like AirHelp? Any other tactics people would recommend?
First email to AA simply "inquiring" about compensation got the following response:
Also was offered 10k miles each for the inconvenience, but clearly BS on the reason for denial. I wrote again pointing out that EU courts have repeatedly rejected the explanation of unforeseeable technical faults and got another, completely different, reason for denial:
Of course this is also wrong, since I was asking for compensation on AA41, which DOES depart from an EU member state. So naturally I wrote back again pointing out that the originating city on the itinerary is irrelevant (and adding my intention to escalate to the enforcement bodies)...but I'm also pretty frustrated that AA would so blatantly misrepresent the regulations hoping I'll go away.
Still waiting on response #3, which will probably include a third, equally irrelevant explanation. Any thoughts on how much longer I should keep up the back-and-forth before just bringing in a service like AirHelp? Any other tactics people would recommend?
2)You can download a compensation request form for the country from which the flight departs (France) on a number of websites. Google EU 261/2004 compensation form. The forms come in all languages.
3) You must file your complaint in France, by mailing the form to the address provided Some agencies in the US will do it for you but expect to give them between 30 and 50% of the gained amount (in contingency form... nothing gained, nothing paid)).
4) Your simplest course of action is to write AA that you do not take any of their BS, remind them the stiff fines imposed on other airlines who tried to avoid paying, AND mention that if this s solved promptly and amicably, you are willing to accept compensation in the form of a voucher for each of you, but that once your complaint is filed officially, you will demand and obtain a cash payment. They know, they have been through this hundreds (thousands?) of times, and they will pay "Exceptionally, as a special courtesy, and without accepting liability" (all face saving BS).
5) AA knows the rules perfectly and also that they do not have a leg to stand on. By demuring and dragging their feet, they successfully discourage 75% of the claimers. Be firm and you will end up among the 25%. I have done it about 5 times in the past 10 years with various airlines (THAI was the worst), and have NEVER failed.
Good Luck !
Jan 9, 2015, 6:44 am
#69
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1) You are clearly due the 600 Euro compensation for each passenger.
2)You can download a compensation request form for the country from which the flight departs (France) on a number of websites. Google EU 261/2004 compensation form. The forms come in all languages.
3) You must file your complaint in France, by mailing the form to the address provided Some agencies in the US will do it for you but expect to give them between 30 and 50% of the gained amount (in contingency form... nothing gained, nothing paid)).
4) Your simplest course of action is to write AA that you do not take any of their BS, remind them the stiff fines imposed on other airlines who tried to avoid paying, AND mention that if this s solved promptly and amicably, you are willing to accept compensation in the form of a voucher for each of you, but that once your complaint is filed officially, you will demand and obtain a cash payment. They know, they have been through this hundreds (thousands?) of times, and they will pay "Exceptionally, as a special courtesy, and without accepting liability" (all face saving BS).
5) AA knows the rules perfectly and also that they do not have a leg to stand on. By demuring and dragging their feet, they successfully discourage 75% of the claimers. Be firm and you will end up among the 25%. I have done it about 5 times in the past 10 years with various airlines (THAI was the worst), and have NEVER failed.
Good Luck !
2)You can download a compensation request form for the country from which the flight departs (France) on a number of websites. Google EU 261/2004 compensation form. The forms come in all languages.
3) You must file your complaint in France, by mailing the form to the address provided Some agencies in the US will do it for you but expect to give them between 30 and 50% of the gained amount (in contingency form... nothing gained, nothing paid)).
4) Your simplest course of action is to write AA that you do not take any of their BS, remind them the stiff fines imposed on other airlines who tried to avoid paying, AND mention that if this s solved promptly and amicably, you are willing to accept compensation in the form of a voucher for each of you, but that once your complaint is filed officially, you will demand and obtain a cash payment. They know, they have been through this hundreds (thousands?) of times, and they will pay "Exceptionally, as a special courtesy, and without accepting liability" (all face saving BS).
5) AA knows the rules perfectly and also that they do not have a leg to stand on. By demuring and dragging their feet, they successfully discourage 75% of the claimers. Be firm and you will end up among the 25%. I have done it about 5 times in the past 10 years with various airlines (THAI was the worst), and have NEVER failed.
Good Luck !
So, as promised, I filed a complaint with the French aviation authorities including all of the documentation and the record of correspondence with AA. It turns out there is actually an online form with ability to upload supporting documentation, though it was extremely hard to find and only available in French. But now I can actually track the status of the complaint instead of hoping it arrives by mail.
Jan 9, 2015, 11:38 am
#70
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Unfortunately pure persistence with AA still hasn't gotten anywhere. I sent two more messages to customer relations reminding them of the facts, the law, and explaining when I would be filing an official complaint, but got no reply...it's now complete radio silence.
So, as promised, I filed a complaint with the French aviation authorities including all of the documentation and the record of correspondence with AA. It turns out there is actually an online form with ability to upload supporting documentation, though it was extremely hard to find and only available in French. But now I can actually track the status of the complaint instead of hoping it arrives by mail.
So, as promised, I filed a complaint with the French aviation authorities including all of the documentation and the record of correspondence with AA. It turns out there is actually an online form with ability to upload supporting documentation, though it was extremely hard to find and only available in French. But now I can actually track the status of the complaint instead of hoping it arrives by mail.
Good luck with your attempt to get the aviation people to address it, but wouldn't have recommended that method over just going to a small claims court
Jan 9, 2015, 11:48 am
#71
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Small claims in the US? Seems like a lot more effort (especially trying to enforce an EU law in US courts) than sending an electronic form to see if that gets results first, no?
Jan 9, 2015, 11:55 am
#72
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FYI, I went the refund.me route which is now in month #3 without any resolution (e.g. "awaiting court decision"). I'll re-post once any movement occurs.
Jan 9, 2015, 12:32 pm
#73
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Oopsl, I missed that you were in the US - if in US, then yup , seens a good starting point and , if that fails, I would look at using one of the 3rd parties to handle it
Jan 9, 2015, 2:42 pm
#74
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You will not get anywhere with a Small Claims Court in the US (There is no US law on the matter) and SCCs outside the US are either non-existent or totally incompetent. The suggested way is the ONLY way that will work. I never said it would be quick but the chances of success are close to 100% if the related circumstances are accurate.