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ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)

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ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)

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Old Sep 5, 2014, 10:59 pm
  #91  
 
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Originally Posted by Dave Noble
The airline can "push" the passenger into a lower class, however compensation is due

The airline would not be obligated to provide a hotel if passenger stayed overnight
What is the "fare paid" on award travel?
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Old Sep 5, 2014, 11:07 pm
  #92  
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Originally Posted by Exec_Plat
What is the "fare paid" on award travel?
The miles used plus cash paid in taxes/surcharges

Miles are a form of payment and award tickets are expressly stated as being covered by the regulation

Originally Posted by eu261
Article 3

Scope

.
.

3. This Regulation shall not apply to passengers travelling
free of charge or at a reduced fare not available directly or
indirectly to the public. However, it shall apply to passengers
having tickets issued under a frequent flyer programme or
other commercial programme by an air carrier or tour
operator.
Fortunately, the value of AA miles is fairly easily quantifiable since AA sells them directly

Last edited by Dave Noble; Sep 5, 2014 at 11:17 pm
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Old Sep 6, 2014, 8:24 am
  #93  
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AA award; AB flight downgrade; EU Rule 261

As mentioned, EC261 compensation applies due to downgrade even on mileage tickets. Whether AB cuts you a check or AB works with AA to put miles back to your account is for them to work out. Please keep us updated.
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Old Sep 6, 2014, 8:24 am
  #94  
 
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Is this in a Wiki?

Is this incredibly useful info in an easily accessible wiki somewhere? Thanks Mr Noble for this...
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Old Sep 6, 2014, 9:24 am
  #95  
 
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Originally Posted by Exec_Plat
You should have asked to be accommodated DUS-LHR and LHR to LAX in J on AA.

NEVER buy the 'story' of 'when you get there the streets will be running with milk and honey'
Yes, I know there is no milk and honey.

My flight was scheduled to leave at 1:05 pm. It was past 1230pm by the time I found out about the downgrade. The only flight to LHR that could have connected to a LAX flight left at 1:50pm. Very unlikely that I was going to get rebooked, my checked bag was going to come off the JFK plane and get on to the LHR plane within that narrow window. Hence my comment about rerouting not being an option.
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Old Sep 6, 2014, 9:25 am
  #96  
 
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Originally Posted by Dave Noble
Since you were travelling from the EU, the downgrade compensation due is 75% of the fare paid and is due from the airline which downgraded you

Write to AB making a claim under EU261

AA awards are all one way and a one way business class award is 50k miles
75% of 50k is 37.5 k miles
The cost to purchase 37k miles is $1,123.81

Write back to AB claiming $1223 as the 75% compensation due under EU261

That there was part on AB and part on AA onwards is irrelevent; you are entitled to 75% of the fare paid for that journey; there is no pro-rata required
Thanks. This is very useful input. I will try this approach and let you know what happens.
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Old Sep 6, 2014, 11:26 am
  #97  
 
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Originally Posted by Dave Noble
The miles used plus cash paid in taxes/surcharges

Miles are a form of payment and award tickets are expressly stated as being covered by the regulation



Fortunately, the value of AA miles is fairly easily quantifiable since AA sells them directly
So when you have an infant and are traveling with an award ticket internationally, they charge 10% of the [miles+fees/surcharges] you are paying?



Anyway, OT- but it is my experience that award travel lets them make up any rules they want when it comes to the value of your travel.
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Old Sep 6, 2014, 12:32 pm
  #98  
 
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If miles are the form of payment, wouldn't the refund then be in miles? Wouldn't AA/AB just refund 75% of the one way J miles for the ticket? Or must it be in cash for the comp?
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Old Sep 6, 2014, 2:00 pm
  #99  
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Originally Posted by mikelat
If miles are the form of payment, wouldn't the refund then be in miles? Wouldn't AA/AB just refund 75% of the one way J miles for the ticket? Or must it be in cash for the comp?
When writing to AB requesting the compensation then it is miles that is owed so requesting 37500 AA miles is appropriate but I would also offer to accept a cash equivalent of $1,123.81 being the replacement cost of the miles. If it was AA that had the delay then would definitely just ask for the miles but since the claim is against AB, offering for a cash equivalent option too seems to make sense

Also 75% of any cash componant paid ( taxes /charges )

If the airline tries to avoid its obligations , then , if needing to take it to court, then a claim for $1,123.81 would seem appropriate

I would expect this to be a simple claim since there are no exceptions where a downgrade would not be due compenstion ( unlike delays/cancellations where some airlines try and class any event that occurs as an extraordinary circumstance to try an avoid paying out )

Last edited by Dave Noble; Sep 6, 2014 at 2:08 pm
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Old Sep 6, 2014, 2:06 pm
  #100  
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Originally Posted by Exec_Plat
So when you have an infant and are traveling with an award ticket internationally, they charge 10% of the [miles+fees/surcharges] you are paying?



Anyway, OT- but it is my experience that award travel lets them make up any rules they want when it comes to the value of your travel.
In the EU, the rules are not the same as the US

AA does not offer mileage awards for infants iirc and so for an infant it simply is charged as 10% of the applicable adult normal fare , so the refund for a downgraded infant would be 75% of the cash paid for the infant
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Old Sep 6, 2014, 6:33 pm
  #101  
 
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A related question:

I have an upcoming itinerary - US/AA/AB outbound and AB/AB (next day) / US return.
Can or rather will US print AA & AB BP's and can or will AB print the last US BP in DUS ?

Thanks.
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Old Sep 7, 2014, 4:20 pm
  #102  
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Originally Posted by Dave Noble
The airline can "push" the passenger into a lower class, however compensation is due

The airline would not be obligated to provide a hotel if passenger stayed overnight
By common sense, it would be cheaper for the airline to pay for a hotel than to have to refund a hefty amount due to the downgrade.
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Old Sep 7, 2014, 8:33 pm
  #103  
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Originally Posted by fly747first
By common sense, it would be cheaper for the airline to pay for a hotel than to have to refund a hefty amount due to the downgrade.
It would then be required to pay EUR600 in delay compensation as well as pay for hotel, meals and incidentals, so in this case may not actually be much better value

If someone was on a $4000 ticket, it may be better value than having to pay out $3000 though
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Old Sep 9, 2014, 10:45 am
  #104  
 
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Originally Posted by Dave Noble
You have, I believe, 6 years to make a claim, so if you have the details, you can still make the claim



Generally it has to be something other than weather to be eligible

There is no need for the ticket to be booked in an EU country

For travel on AA, all passengers travelling from EU-US on AA are protected by the legislation
If my first segment goes mechanical which causes me to miss my TATL flight that leaves on time, is it covered? All booked on the same PNR, same carrier.

And again, it must be EU-US and not the reverse, correct?

Thanks
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Old Sep 9, 2014, 12:32 pm
  #105  
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Originally Posted by saaveraward
If my first segment goes mechanical which causes me to miss my TATL flight that leaves on time, is it covered? All booked on the same PNR, same carrier.

And again, it must be EU-US and not the reverse, correct?

Thanks
Please list the carrier/flights involved
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