ARCHIVE: EC261 / EC 261/2004 complaints, compensation and AA (master thread)
#91
Join Date: Dec 2005
Location: California
Programs: AA EXP...couple hotels and cars too
Posts: 4,548
#92
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,586
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
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.
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.
Last edited by Dave Noble; Sep 5, 2014 at 11:17 pm
#93
Original Member
Join Date: May 1998
Location: NYC
Programs: AA 2MM, Bonvoy LTT, Hilton Diamond
Posts: 14,636
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.
#94
Join Date: Apr 2010
Location: LAX
Programs: AA EP, MUCCI, Proudly BA Blue,.
Posts: 887
Is this in a Wiki?
Is this incredibly useful info in an easily accessible wiki somewhere? Thanks Mr Noble for this...
#95
Join Date: Jun 2003
Location: CA, AA EXP, MR Gold, SPG PLT
Posts: 1,850
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.
#96
Join Date: Jun 2003
Location: CA, AA EXP, MR Gold, SPG PLT
Posts: 1,850
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
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
#97
Join Date: Dec 2005
Location: California
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Posts: 4,548
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.
#98
Join Date: May 2009
Location: SEA
Programs: AA EXP (2.5MM), Hilton Gold, Marriott Titanium
Posts: 4,859
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?
#99
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,586
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
#100
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Join Date: Jan 2002
Posts: 44,586
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.
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.
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
#101
Join Date: Dec 2001
Location: La Quinta, CA
Posts: 2,056
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.
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.
#102
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Join Date: Dec 2004
Location: East Coast
Programs: AA CONCIERGE KEY & 1MM, HILTON DIAMOND
Posts: 11,970
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.
#103
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,586
If someone was on a $4000 ticket, it may be better value than having to pay out $3000 though
#104
Join Date: Dec 2010
Posts: 2,652
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
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
And again, it must be EU-US and not the reverse, correct?
Thanks
#105
Original Member
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