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

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

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Old Aug 11, 19, 3:49 pm   -   Wikipost
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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.
- 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 It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005.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.

[B]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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Old Feb 27, 14, 8:03 pm
  #1  
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Last edited by SJC AA; Feb 28, 14 at 11:16 am
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Old Jan 4, 16, 1:54 am
  #2  
 
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Euro Regulation EC 261/2004 - Downgrade question

Hi,
I bought a very cheap first class ticket on AA for MIA-CDG RT.
I flew the first leg on first class booked in P Fare, today is my return and AA changed the aircraft to a 2 class 777 so i am flying business in I Fare.
I know that EC 261/2004 says if they downgrade you, they have to pay 75% of the fare difference. My question is, the first class ticket i bought was so cheap that was cheaper than any business class fare that day. What can i expect from AA?
Thanks in advance
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Old Jan 4, 16, 3:19 am
  #3  
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"I know that EC 261/2004 says if they downgrade you, they have to pay 75% of the fare difference."

Are you sure that that is what the reg. says? I thought that it required a refund of 75% of the fare you paid (for the CDG-MIA portion of your ticket).
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Old Jan 4, 16, 3:26 am
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Originally Posted by guv1976 View Post
[SIZE=1]Are you sure that that is what the reg. says? I thought that it required a refund of 75% of the fare you paid (for the CDG-MIA portion of your ticket).
Correct: fare paid rather than fare difference. The only unclear issue is whether this is based on the whole ticket price or whether the airline can pro-rate to the part represented by the downloaded section in the overall ticket (eg: half of total for downgrading in just one direction).
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Old Jan 4, 16, 4:49 am
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I was wrong

I just saw that it is 75% of the paid fare, but it isnt clear if it is for all the legs or just cdg-mia
Thanks for the replies
Ps: i am on the business class on the 772 and they just gave pajamas ( first time i saw this on buainess class)
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Old Jan 5, 16, 10:30 am
  #6  
 
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(EC) 261/2004 compensation, is American or "operated by" airline responsible?

I flew PTP-SJU a few days ago on Seaborne Airlines which arrived 4 hours and 17 minutes late into SJU. Since this flight departed an EU member state, was under 1500km, and over 2 hours late then I should be entitled to €250 compensation.

I booked this flight through AA.com and this flight carried an AA flight number, AA 7274, so who should I seek for the compensation... American or Seaborne?
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Old Jan 5, 16, 10:58 am
  #7  
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261/2004 compensation is properly sought from the operating carrier.
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Old Jan 5, 16, 11:21 am
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I was afraid of that as AA is more likely to have methods in place to handle this rather than BB.

Alas, it's worth a try...
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Old Jan 5, 16, 1:19 pm
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Originally Posted by matd View Post
I was afraid of that as AA is more likely to have methods in place to handle this rather than BB.

Alas, it's worth a try...
It's off-topic now given this is not an AA issue, but just be sure the delay was not caused by weather and/or ATC before you waste time pursuing the claim. Such a long delay makes it sound like something else was going on, but I do see a lot of flights arriving/departing SJU with delays on Jan 2 suggesting weather was at least a problem that day.
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Old Jan 5, 16, 1:41 pm
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My delay was caused by the incoming flight arriving late the previous night and the crew requiring 12 hours rest before operating the flight back. I don't believe this is an "extraordinary" issue so it should be covered under (EC) 261/2004.
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Old Jan 6, 16, 8:49 am
  #11  
 
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"Refreshments, communication and accommodation"

On a flight from LHR to JFK with my family we had an over night delay. Amazingly, within 24 hours of sending an email to [email protected], I received a positive reply saying we were entitled to compensation under EC 261/2004, offering either $654.37 or a $1000 voucher for each passenger.

But, there was no mention compensation for hotel and meal expenses. EC 261/2004 provides that the carrier "must offer free of charge" meals "in proportion to waiting time" and hotel accommodation "if a stay of one or more nights, or a stay additional to that intended by the passenger becomes necessary". It seems pretty clear that this compensation is in addition to the 600 euro cash compensation.

Anybody have experience with requests for compensation for out of pocket costs for meals, hotels, etc. (in addition to the cash compensation)? Thanks
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Old Jan 6, 16, 11:28 am
  #12  
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Originally Posted by tyrus61
On a flight from LHR to JFK with my family we had an over night delay. Amazingly, within 24 hours of sending an email to [email protected], I received a positive reply saying we were entitled to compensation under EC 261/2004, offering either $654.37 or a $1000 voucher for each passenger.

But, there was no mention compensation for hotel and meal expenses. EC 261/2004 provides that the carrier "must offer free of charge" meals "in proportion to waiting time" and hotel accommodation "if a stay of one or more nights, or a stay additional to that intended by the passenger becomes necessary". It seems pretty clear that this compensation is in addition to the 600 euro cash compensation.

Anybody have experience with requests for compensation for out of pocket costs for meals, hotels, etc. (in addition to the cash compensation)? Thanks
Did you request food and lodging from AA at LHR when your flight was canceled? If not, and none was offered, did you mention that fact in your E-mail to AA, and offer to submit your receipts for reimbursement?
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Old Jan 6, 16, 11:54 am
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"Refreshments, communication and accommodation"

Originally Posted by guv1976 View Post
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Did you request food and lodging from AA at LHR when your flight was canceled? If not, and none was offered, did you mention that fact in your E-mail to AA, and offer to submit your receipts for reimbursement?
We received notification of the delay before leaving for LHR, and so did not have any conversations with AA personnel.

I mentioned compensation for expenses in my email, but did not provide detail.

Thanks
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Old Jan 10, 16, 12:36 pm
  #14  
 
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I had 2 tickets:
BCN-JFK-LAX booked in BA ticket but all operated by AA.
LAX-SEA booked separately on AS

When I arrived in to JFK I had a text that my JFK-LAX flight was cancelled (due to mech per EXP desk) and I was rebooked for a flight ~4 hrs later. Problem is, I would not be able to get any same day flight to SEA. EXP desk was able to put me on direct JFK-SEA though to get me back as I needed.

In addition to the re-routing, am I entitled to compensation for the one leg cancellation as the itinerary started in BCN? Am I entitled to EUR300 (1/2 of the EUR600 since I arrive less than two hours pat my scheduled time)?

If entitled to comp, do I contact AA or BA?
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Old Jan 10, 16, 1:22 pm
  #15  
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Mikelat: I thought no comp, see page 3 of https://www.dlapiper.com/~/media/Fil...soutsideEU.pdf
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