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GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and AA

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Old Jan 29, 2015, 7:08 pm
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Last edit by: Prospero
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

AA email address for EC 261 claims: [email protected]

Code:
The regulation applies to any passenger:

- departing from an airport located in the territory of a Member State to
which the Treaty applies;The protection accorded to passengers departing from or to an airport
located in a Member State should be extended to those leaving an airport
located in a third country for one situated in a Member State, when a
Community carrier operates the flight and where a community carrier
is defined as any carrier licensed to operate within that community.
Code:
- departing from an EU member state, or travelling to an EU member state
- on an airline based in an EU member state if that person has:
- a confirmed reservation on the flight, and
- arrived in time for check-in as indicated on the ticket or communication
from the airline airline, or, if no time is so indicated, no less than 45 minutes
prior to the scheduled departure time of the flight
or
- have been transferred from the flight for which he/she held a reservation
to some other flight unless
- the passenger is travelling on a free or discounted ticket not available
to the general public, other than a ticket obtained from a frequent flyer
programme.

It does not apply to helicopter flights, to any flight not operated by a
fixed-wing aircraft, nor to flights from Gibraltar Airport.[1]

(wikipedia)
Link to article on Wikipedia: "The Flight Delay Compensation Regulation (EC) No 261/2004 is a regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005. It sets out the entitlements of air passengers when a flight that they intend to travel on is delayed or cancelled, or when they are denied boarding to such a flight due to overbooking, or when the airline is unable to accommodate them in the class they had booked." It applies to Member States and includes French overseas territories.

NOTE: Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)

Link to EC 261/2004 text in several languages.

Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004

Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."

Link to contact details of EC 261/2004 enforcement bodies

Link to English language EC 261/2004 compliaint form PDF

Email for EC claims at AA.com: [email protected] (verified Aug 2016, can take 4 weeks for a reply)

Link to BAEC Forum lengthy EC261/2004 thread.

Link to thisismoney.co.uk article explaining EC261/2004.

Link to travel sort.com blog on recovering EC261/2004 compensation from American Airlines.

Previous posts from this thread have been archived to ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)

“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)

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GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and AA

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Old Feb 26, 2024, 10:36 am
  #106  
 
Join Date: Oct 2015
Posts: 409
Flight cancelled and then rebooked flight also cancelled - two claims or one?

My flight AA67 BCN-JFK on January 1 was cancelled, and the flight I was rebooked on AA9600 on January 2 was also cancelled. Both were cancelled less than 4 hours but AA appears to only be acknowledging the cancellation for flight AA67 and is not acknowledging flight AA9600 when they responded to my inquiry on EC261 compensation.

In this situation, would this be considered one EC261 claim or two?
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Old Feb 26, 2024, 11:13 am
  #107  
 
Join Date: Oct 2015
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Originally Posted by suziemay
My flight AA67 BCN-JFK on January 1 was cancelled, and the flight I was rebooked on AA9600 on January 2 was also cancelled. Both were cancelled less than 4 hours but AA appears to only be acknowledging the cancellation for flight AA67 and is not acknowledging flight AA9600 when they responded to my inquiry on EC261 compensation.

In this situation, would this be considered one EC261 claim or two?
NVM - after pushing back again, they now acknowledge these are two separate events and are considering as two separate claims.
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Old Feb 26, 2024, 12:27 pm
  #108  
 
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They probably realised they didn't have a leg to stand on given https://curia.europa.eu/juris/docume...t=1&cid=234948 .
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Old Feb 26, 2024, 12:56 pm
  #109  
 
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Originally Posted by Kvarko
They probably realised they didn't have a leg to stand on given https://curia.europa.eu/juris/docume...t=1&cid=234948 .
Wow, that's amazing. I was looking for something just like that in case I got pushback... looks like I don't need it here but good to file away for the future. Thank you!

It's incredible; I had to file a complaint to even get any acknowledgement that I was eligible for compensation, and in my original complaint I outlined in detail the flights that were cancelled but they ignored the second cancelled flight. And then I brought it up in response to their initial outreach and again it was ignored. They must just hope that people don't understand the law. Ridiculous.
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Old Feb 26, 2024, 2:21 pm
  #110  
 
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Originally Posted by suziemay
My flight AA67 BCN-JFK on January 1 was cancelled, and the flight I was rebooked on AA9600 on January 2 was also cancelled. Both were cancelled less than 4 hours but AA appears to only be acknowledging the cancellation for flight AA67 and is not acknowledging flight AA9600 when they responded to my inquiry on EC261 compensation.

In this situation, would this be considered one EC261 claim or two?
It's two separate events. Is AA9600 operated by Iberia? If so, you need to claim with iberia for the second one.
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Old Feb 26, 2024, 2:58 pm
  #111  
 
Join Date: Oct 2015
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Originally Posted by smartytravel
It's two separate events. Is AA9600 operated by Iberia? If so, you need to claim with iberia for the second one.
Nope, it was on AA. It was an added flight because of the AA67 cancellation from the day before, utilizing the same aircraft. I think it eventually took off as AA9817 on January 3 but I wasn't about to get on that aircraft at that point and rebooked on BA via London. Those were some crazy couple of days in limbo.
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Old Feb 26, 2024, 3:02 pm
  #112  
 
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Originally Posted by suziemay
Nope, it was on AA. It was an added flight because of the AA67 cancellation from the day before, utilizing the same aircraft. I think it eventually took off as AA9817 on January 3 but I wasn't about to get on that aircraft at that point and rebooked on BA via London. Those were some crazy couple of days in limbo.
Got it. It's still two separate events.
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Old Mar 10, 2024, 6:24 am
  #113  
 
Join Date: Mar 2013
Location: AMS
Posts: 579
Looking for some advise on somewhat complicated case (at least how I see it, being not new to EU/UK air passenger rights claims).

Back in 2023 I've booked AA award consisting of 2 sectors:
EY17 from AUH to LHR
BA444 from LHR to AMS
for travel on March 17th

On March 8th I got notification that my flight on BA was moved to March 18th, forcing overnight stay in London. Tricky part is that BA444 is not cancelled / rescheduled and is pretty much available for sale, so not quite even sure why it happenned.
Anyways, I've reached to AA to ask them to put me back to original flight, to which agent said there is no availability. I've asked if AA would comp the hotel at least, to which the reply was - reach to agents in LHR for hotel vouchers.

Ideally I need to be back in AMS on 17th, so I'm thinking even to buy the separate ticket on BA444 or later KLM flight myself and self-connect.

A few questions:
* Should I decide to stay overnight in LHR, it will be weird to reach to BA agents for hotel vouchers as the ticket is clearly AA's and the original flight still operates. If I book the hotel myself, how likely AA will refund the expense?
* As the change happened within 14 days window, I would expect to be comped with 250 GBP, but technically there is no cancellation of the flight, just rebooking done on AA's incentive
* What would be the right airline to reach for compensation? Generally speaking it's operating carrier, but in that case it doesn't make much sense I guess? Then should I reach to AA?
* I assume, to get a shot at compensation all together, I need to fly the BA flight on 18th? If I do instead fly myself on 17th and skip the last leg on the ticket, it will disqualify me from any comp?

Thanks a lot in advance for communal wisdom.
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Old Mar 10, 2024, 9:08 am
  #114  
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Originally Posted by maxvor
...
Thanks a lot in advance for communal wisdom.
It really depends on who changed your booking. I do suspect BA.

If was BA then I can see that as a delay; if so it is possible you would be entitled to duty of care (hotel, F&B) and compensation.

However, in the event it was BA, I'd be looking for information and advice on the excellent thread in the BA forum, here:

The 2024 BA compensation thread: Your guide to Regulation EC261 / UK261

[edit]I see you have already done so[/edit]

Last edited by serfty; Mar 10, 2024 at 10:02 am
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Old Apr 6, 2024, 11:09 pm
  #115  
 
Join Date: Feb 2023
Posts: 7
AA EU 261 Compensation

Hey everyone, so I was on a AA ticket flight from OSL LHR JFK LAX on BA metal to JFK and AA metal from JFK to LAX. My flight from JFK to LAX arrived 4.5 hours late due to a problem with incoming aircraft, so I think I'm due compensation. How would I go about doing that with AA?
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Old Apr 13, 2024, 6:15 pm
  #116  
 
Join Date: Jan 2014
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I have a single ticket on AA AGP-...-JFK-MEX. The final segment on AA2995 11 APR, originally scheduled for a 2219 arrival actually arrived at 0243, a delay of over 4 hours

How do I find out the reason for the delay and if this is eligible for delay compensation?
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Old Apr 14, 2024, 4:22 am
  #117  
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Originally Posted by IanWorthington
I have a single ticket on AA AGP-...-JFK-MEX. The final segment on AA2995 11 APR, originally scheduled for a 2219 arrival actually arrived at 0243, a delay of over 4 hours

How do I find out the reason for the delay and if this is eligible for delay compensation?
For finding the reasons for the delay to AA2995, I would say that's probably best answered on the AA main forum. AA flight crew are often somewhat tightlipped for the reasons for delays, but for something of that length I'm a bit surprised that nothing was said on board, someone would have asked, surely? ExpertFlyer has some information in this area, but you have asked 1 day too late - it's only online for 2-3 days, so I can see the delay reason for 12 April, but not 11 April. But in a sense you don't need to put much effort, under EC261 it is down to the airline to explain / prove why this is out of scope, not for you to prove it. So I would put an EC261 specific complaint to AA, claiming delay compensation.
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corporate-wage-slave is offline  
Old Apr 14, 2024, 4:25 am
  #118  
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Originally Posted by maxgun
Hey everyone, so I was on a AA ticket flight from OSL LHR JFK LAX on BA metal to JFK and AA metal from JFK to LAX. My flight from JFK to LAX arrived 4.5 hours late due to a problem with incoming aircraft, so I think I'm due compensation. How would I go about doing that with AA?
Yes, that cause would typically be OK for delay compensation since there would be an expectation that at JFK AA can come up with plan B in some form or other. You can complete the Customer Relations form off the AA website - Contact American area.
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Old Apr 20, 2024, 11:40 am
  #119  
 
Join Date: Jan 2014
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Programs: BA
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How long is it generally taking to get some sort of response when a claim is submitted via AA's CR form?
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Old Apr 20, 2024, 11:44 am
  #120  
 
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Originally Posted by IanWorthington
How long is it generally taking to get some sort of response when a claim is submitted via AA's CR form?
A few days to over a week. First response will most likely be an automated response that may, but most likely will not, actually cover what your compliant was about. You'll need to reply and hope you get a real person instead of an auto-response. I've been fighting a delay and downgrade claim for over a month now. I'm up to $95 refund and 20k miles and I still get random emails saying they are looking into it.
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