Jan 29, 2015, 7:08 pm
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]
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 It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005.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Previous posts from this thread have been archived to ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)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)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
(lower right wiki corner)
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)
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)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
(lower right wiki corner)
GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and AA
May 16, 2023, 10:01 am
#46
Join Date: Sep 2008
Posts: 6
My wife and I were coming home from Scotland.
Saturday May 13th
EDI Edinburgh 1:55 PM AA 6567 Operated by British Airways LHR
LHR London Heathrow 4:55 PM AA 735 CLT Charlotte 8:38 PM Class:American Airlines
AA 6567(BA flight) was 20 minutes late to LHR. The pilot said "We're waiting on a text to make sure our weight is balanced"
When we got off the plane there were BA people standing there with signs that said something like "CLT flights come here". About 20-30 of us were told that AA had cancelled our flights because 80 minutes wasn't enough time to switch terminals. We then stood in line for an hour or so while we got rebooked for the next day. BA handled our hotels and meals.
Does this qualify for the UK Flight Delay Compensation? If so, would it be through BA since they were responsible for us being late? Anything else I'm missing?
Saturday May 13th
EDI Edinburgh 1:55 PM AA 6567 Operated by British Airways LHR
LHR London Heathrow 4:55 PM AA 735 CLT Charlotte 8:38 PM Class:American Airlines
AA 6567(BA flight) was 20 minutes late to LHR. The pilot said "We're waiting on a text to make sure our weight is balanced"
When we got off the plane there were BA people standing there with signs that said something like "CLT flights come here". About 20-30 of us were told that AA had cancelled our flights because 80 minutes wasn't enough time to switch terminals. We then stood in line for an hour or so while we got rebooked for the next day. BA handled our hotels and meals.
Does this qualify for the UK Flight Delay Compensation? If so, would it be through BA since they were responsible for us being late? Anything else I'm missing?
May 20, 2023, 3:17 pm
#48
Join Date: Oct 2013
Location: BMA
Programs: SAS Eurobonus Gold Card
Posts: 324
Hi. Looking for some guidance.
I had an AY (Finnair) booking ARN-HEL-DFW-MCO. Last leg on AA. All booked with Finnair as one booking. There was a delay of over 4 hours on the final leg operated by AA. This qualifies for EC261 compensation as the flight originated in the EU and was one booking etc. Finnair told me I must claim from AA so I've emailed. Anyone know how long before they are likely to respond?
Many thanks
I had an AY (Finnair) booking ARN-HEL-DFW-MCO. Last leg on AA. All booked with Finnair as one booking. There was a delay of over 4 hours on the final leg operated by AA. This qualifies for EC261 compensation as the flight originated in the EU and was one booking etc. Finnair told me I must claim from AA so I've emailed. Anyone know how long before they are likely to respond?
Many thanks
May 21, 2023, 1:52 am
#49
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
Hi. Looking for some guidance.
I had an AY (Finnair) booking ARN-HEL-DFW-MCO. Last leg on AA. All booked with Finnair as one booking. There was a delay of over 4 hours on the final leg operated by AA. This qualifies for EC261 compensation as the flight originated in the EU and was one booking etc. Finnair told me I must claim from AA so I've emailed. Anyone know how long before they are likely to respond?
Many thanks
I had an AY (Finnair) booking ARN-HEL-DFW-MCO. Last leg on AA. All booked with Finnair as one booking. There was a delay of over 4 hours on the final leg operated by AA. This qualifies for EC261 compensation as the flight originated in the EU and was one booking etc. Finnair told me I must claim from AA so I've emailed. Anyone know how long before they are likely to respond?
Many thanks
May 21, 2023, 5:30 am
#50
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,176
Bur the reason for the delay is vital information as to wether compensation is due..
May 21, 2023, 5:58 am
#51
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
My reading was that the AY operated flights were on time. The delay was only on the last AA-operated leg. Definitely doesn’t qualify.
May 21, 2023, 7:30 am
#52
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,176
The regulation looks at the entirety of the trip not individual sectors so yes this could be in scope of the regulation.
but again the missing information is why the AA flight was delayed.
but again the missing information is why the AA flight was delayed.
May 21, 2023, 8:39 am
#53
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
May 21, 2023, 12:48 pm
#54
Join Date: Oct 2013
Location: BMA
Programs: SAS Eurobonus Gold Card
Posts: 324
Nope. The regulation actually isn’t explicit on this point. But personal experience of my own plus that of plenty of other people plus the very well researched and written thread on the BA forum (BA EU261 Guide - see post 6 Q3) suggest the OP’s case is not covered.
May 21, 2023, 1:03 pm
#55
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
There is precedent in court cases where a United flight in similar circumstances was ruled as allowed and United had to pay up. The flight was delayed due to aircraft issues. The EU rules look at the whole journey. My trip originated in the EU and I arrived at my final destination late. There is no explicit exemption that rules the trip out of scope.
May 21, 2023, 1:21 pm
#56
Join Date: Apr 2019
Posts: 979
The case is C-561/20 United Airlines.
"This means that moving forward, all domestic flights within the U.S., booked on a single itinerary ticket, are subject to compensation under EU261 as long as such bookings were bought and sold by a European carrier. With the new ruling in tow, the onward airline doesn't need to be European, as was the case with United."
https://thepointsguy.com/news/eu-fli...estic-flights/
"This means that moving forward, all domestic flights within the U.S., booked on a single itinerary ticket, are subject to compensation under EU261 as long as such bookings were bought and sold by a European carrier. With the new ruling in tow, the onward airline doesn't need to be European, as was the case with United."
https://thepointsguy.com/news/eu-fli...estic-flights/
May 21, 2023, 1:39 pm
#57
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
Ok. Wow. That changes things. I had a 3-hour delay on AS a few weeks ago. Last leg of an otherwise BA itinerary all on a BA ticket. Never bothered claiming although did get a $50 voucher proactively from AS. Half tempted to make a claim just to see what happens. I wonder if it would be considered short haul as the delayed flight was LAX-SFO. Or long haul as the full itinerary covered MAD-SFO. Although I do wonder if the case in the article only worked because both flights were operated by UA 🤔
May 21, 2023, 1:42 pm
#58
Join Date: Apr 2019
Posts: 979
Ok. Wow. That changes things. I had a 3-hour delay on AS a few weeks ago. Last leg of an otherwise BA itinerary all on a BA ticket. Never bothered claiming although did get a $50 voucher proactively from AS. Half tempted to make a claim just to see what happens. I wonder if it would be considered short haul as the delayed flight was LAX-SFO. Or long haul as the full itinerary covered MAD-SFO 🤔
Long haul, you are due 600 euros.
May 21, 2023, 1:43 pm
#59
Join Date: Jan 2022
Programs: BAEC
Posts: 1,458
May 21, 2023, 1:58 pm
#60
Join Date: Apr 2019
Posts: 979
