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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 It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005.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 May 24, 2023, 9:20 am
  #76  
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Originally Posted by kmandrew
Original flight was BA 623 at 10:25, AA emailed me with the change to BA 642 at 3:30
I called AA saying this forces us to an overnight in London, they said the 3:30 or 6:30 pm from ATH were our only options
CSR was very nice said we could choose any AA flight on April19 to get home
We aren’t that upset about the one day delay, just don’t understand why BA or AA wouldn’t pay for the hotel?
Given that the overnight stay was mandatory, then the airline whose flight was impacted ( which I infer was BA ) is liable for the hotel, meals and incidentals - I understand why AA would refuse where BA is liable

Push back on BA on the ridiculous suggestion that this is a consequential loss
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Old May 31, 2023, 8:54 am
  #77  
 
Join Date: Oct 2022
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AA Delay Claim

https://flightaware.com/live/flight/...102Z/KMIA/EGLL

I posted in another forum and was told delay doesn't result in EU261 compensation on AA light to LHR from USA. Any thoughts from this forum? This is probably more appropriate place to post.

Originally Posted by SoFlaFlyer737

QUESTION:

This flight was scheduled to leave at at 8:50 PM and due to "maintenance" issues, the flight left after AM on May 24. Ultimately, the flight arrived at LHR at 2:20 PM on May 24, instead of scheduled time of 10:40 AM. I'm unsure exactly what time the plane's door was closed.

Announcements were sparse and the AA app wasn't very helpful. The departure time changed several times.

I understand UK is still part of the EU 261 rule.

I missed my train to York and was forced to take a later train, for which I wasn't charged extra,

What does AA owe me. I've seen where arrivals are more than 3 hours late, it could be several hundred dollars. Is this provided by voucher or cash? What response can I expect from AA> I have 75K (Emerald) with AK, not with AA.

My return flight was fine and uneventful. Any thoughts from FT?

RESPONSE:

If this was a simple MIA-LHR booking made under the AA flight number then I'm afraid EU/UK261 doesn't apply. For flights departing outside the UK/EU, these regulations generally only apply if the flight is operated by a UK/EU airline - hence it's always better to fly with a UK/EU airline when heading east over the Atlantic. Bizarrely, they do apply to foreign airlines if the flight departs the UK/EU. Totally illogical and inconsistent but there you go.

AA may offer you something as a gesture of goodwill but I don't think you are legally entitled to anything here.
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Old May 31, 2023, 9:06 am
  #78  
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Correct. EC/UK 261 does not apply to AA flights TO the EU/UK. Only on AA flights FROM the EU/UK.

If you write in you may get a customer service gesture of a small voucher or some miles, due to the maintenance delay. But there's no legally required compensation.
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Old Jun 17, 2023, 1:20 pm
  #79  
 
Join Date: Jan 2008
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I know this will be a claim against Iberia, though this is on an AA issued partner award, DFW-MAD. Involuntary downgrade from business class. Is there any standard for determining the cash value of an AA award ticket? I presume this would be 75% of the cost for purchasing the miles directly from AA plus 75% of the carrier imposed surcharges. Also, is an EC261 claim mutually exclusive from a DOT claim?
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Old Jun 17, 2023, 2:35 pm
  #80  
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Originally Posted by AndyAA
I know this will be a claim against Iberia, though this is on an AA issued partner award, DFW-MAD. Involuntary downgrade from business class. Is there any standard for determining the cash value of an AA award ticket? I presume this would be 75% of the cost for purchasing the miles directly from AA plus 75% of the carrier imposed surcharges. Also, is an EC261 claim mutually exclusive from a DOT claim?
The cost to replace 75% of the miles plus 75% of carrier fees, seems appropriate to claim

What are you trying to claim from DOT?
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Old Jun 17, 2023, 4:13 pm
  #81  
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Originally Posted by AndyAA
Also, is an EC261 claim mutually exclusive from a DOT claim?
You can claim under EU261 or DOT rules for the downgrade, whichever is more beneficial to you, but you cannot double-dip.
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Old Jul 27, 2023, 10:15 am
  #82  
 
Join Date: Jan 2004
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Programs: AA EXP 1mm; DL Plt; Marriott Gold; Hyatt something or other; Hilton Gold
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Confirming the operating carrier

so AA ticket - flight originates in Italy (on BA) to Heathrow - the Heathrow leg to US on AA cancels and rebooks for next day - confirming this is an EC/UK 261 claim on AA for the cancellation

anybody have luck with the email shared in this thread (aa.ecclaims)? calls required? my experience with EU carriers when doing this was all online... AA not so much...

Thanks
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Old Jul 27, 2023, 10:26 am
  #83  
 
Join Date: Oct 2022
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AA flights Cancelled

Originally Posted by tdo-ca
so AA ticket - flight originates in Italy (on BA) to Heathrow - the Heathrow leg to US on AA cancels and rebooks for next day - confirming this is an EC/UK 261 claim on AA for the cancellation

anybody have luck with the email shared in this thread (aa.ecclaims)? calls required? my experience with EU carriers when doing this was all online... AA not so much...

Thanks
I had a flight delayed 5 hours from MIA to LHR, 261 didn't apply...I think a flight originating in Europe should apply...I have never had a 261 claim...Being on BA, rather than AA, might be helpful.

Last edited by SoFlaFlyer737; Jul 27, 2023 at 10:37 am
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Old Jul 27, 2023, 10:35 am
  #84  
 
Join Date: Jan 2004
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Originally Posted by SoFlaFlyer737
Being on BAm, rather than AA, might be helpful.
This particular situation is AA operated (and rebooked onto AA flight following day) - BA did not cause a misconnect or cancel

I did an EC261 claim previously, where FinnAir delay caused a misconnect in HEL, and that was a quick turnaround as soon as the paperwork was in
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Old Jul 27, 2023, 11:26 am
  #85  
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Originally Posted by tdo-ca
so AA ticket - flight originates in Italy (on BA) to Heathrow - the Heathrow leg to US on AA cancels and rebooks for next day - confirming this is an EC/UK 261 claim on AA for the cancellation

anybody have luck with the email shared in this thread (aa.ecclaims)? calls required? my experience with EU carriers when doing this was all online... AA not so much...

Thanks
Yes, you have a UK261 claim against AA for Ł520. Good luck.
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Old Aug 11, 2023, 7:43 pm
  #86  
 
Join Date: Jan 2004
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So far all I received before today were robo-emails "we are working on it." Then today a form email - we're sorry the experience wasn't great and will report your concerns to higher ups and give you a few miles for your grief (15K). Rather appalling. They have not replied to the 261 claim and have ignored the repayment for hotels they told us to book. We'll see how far it has to escalate.
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Old Aug 31, 2023, 4:55 pm
  #87  
 
Join Date: Apr 2005
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In the BA forum, the information on EU/UK261 suggests that an onward flight with AA from a US airport to another US airport would not qualify - wanted to understand the general wisdom / understanding here as well?

Specifcially, AA ticket (001 plated) DUB LHR MIA MSY. DUB LHR MIA flights on BA metal and all on time. MIA MSY flight pushes back on time (despite weather issues), we are on the runway but then leave the runway due to the radar not working. Wait 45 mins for a gate. Engineers can’t fix so aircraft swap. The delay will be over 3 hours.

as said, I had assumed that it’s an ‘EU - US’ ticket that gets me there over 3 hours late, therefore would be covered by EU/UK261 regs but the BAEC forum suggests that given the flight is AA operated MIA MSY, it wouldn’t apply. What’s your experience / understanding? Thank you!
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Old Sep 3, 2023, 2:20 pm
  #88  
 
Join Date: Jan 2004
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Programs: AA EXP 1mm; DL Plt; Marriott Gold; Hyatt something or other; Hilton Gold
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Courts in EU ruled on this in 2022 - yes connecting flights on same itinerary qualify -

https://curia.europa.eu/juris/docume...=1&cid=5603798
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Old Sep 3, 2023, 2:22 pm
  #89  
 
Join Date: Jan 2004
Location: Los Angeles, CA USA; Kerry Ireland
Programs: AA EXP 1mm; DL Plt; Marriott Gold; Hyatt something or other; Hilton Gold
Posts: 761
Originally Posted by tdo-ca
So far all I received before today were robo-emails "we are working on it." Then today a form email - we're sorry the experience wasn't great and will report your concerns to higher ups and give you a few miles for your grief (15K). Rather appalling. They have not replied to the 261 claim and have ignored the repayment for hotels they told us to book. We'll see how far it has to escalate.
Finally received acknowledgement 261 applies to flight. Additional paperwork requested to relieve carrier of additional liability. Sent. Couple more weeks have passed...
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Old Oct 28, 2023, 8:11 pm
  #90  
 
Join Date: Jan 2022
Posts: 19
AA and EU/UK 261

Just wondering if anybody have experience of making an EU261/UK261 claim with American?

My flight from LHR-ORD (part of a DUB-LHR-ORD-DSM trip) on 21st September was eventually cancelled due to a mechanical issue and I was rerouted via DFW the following day arriving 21 hours later than scheduled. I am pretty sure that his in scope for EU261/UK261 compensation.

Was looked after pretty well on the day with hotel booked. I had to pay for taxis there and back but was told they would be paid for if I sent in receipts. I did this as well as enquiring about the EU compensation. It’s been 5 weeks now since submitting the claim and have received 2 E mails saying there are de;ays in responding to correspondence etc. so have had nothing substantive back.

I am just wondering how long this type of issue takes to generate a response. I know that I will be asked to send in the taxi receipts byt the form didn’t allow me to do this so I am waiting for a physical response to advance this.

I am wondering if there is any way I canmove things along – maybe calling a specific number as I have found AA on the phone pretty good before? Normally I know that after 8 weeks you are entitled to make a claim via court in UK. I don’t even know if I would be eligible for this as the overall trip started in Dublin although the relevant flight was UK-USA. I am pretty sure it will be a straightforward claim and really just want to know where I stand.

Just hoping if anybody has made a similar claim they might advise me what to expect.

Thanks
Clon75 is offline  


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