Fossiebear

Apologies if the information is elsewhere in the thread but I have a question re filing a legal claim where customer service routes have been exhausted. I had a routing SOF-LHR-JFK-LAX ticketed by AA. The original JFK-LAX leg was cancelled owing to weather, my subsequent rerouted EWR-LAX the next day was similarly cancelled. The next offered rerouting was for 3 days further out. In fact AA were still selling tickets for earlier flights, however I was told these were probably overselling and couldn't be offered to me! AA keep coming back to the original weather causation as the reason for rejecting compensation without considering what is a reasonable timeframe to reroute. My question is to pursue a legal remedy do i need to go through Bulgaria where the flight originated or can i use UK approaches given the flight route passed through the UK? Thanks

corporate-wage-slave

I think this is based in where you live and where you bought the ticket. AA isn't on ADR so you can't use CEDR.

ra123

Does anyone have experience filing a claim with CEDR that includes a connecting flight?

I had a short hop (GOT-LHR) that was delayed overnight, causing me to miss my original LHR-SEA connection and arrive >5 hrs late. This was all booked on one ticket, and obviously I'd like to make the claim for the full distance to get into the >3500 km compensation bracket.

However, the CEDR template only asks for one flight, and there's no obvious way to capture the impact on downstream connections. Any tips?

Intl359Widget

How long is one required to wait to hear back from an airline for a compensation claim due to a flight cancellation on short haul before escalating to MCOL?

It’s been three weeks and nary a peep from the carrier.

gcuk

There is no duty of care due for weather delays in the US. Weather is also usually out of scope for EC261 and this was in the US anyway, so can you clarify what compensation you are seeking?

Fossiebear

The flight was the 3rd leg of a flight originated in the EU and as such is within scope of EC261. Appreciate that weather delays are out of scope of EU261 but at least as far as I understand the airlines are still required to get you to your final destination within a reasonable time frame factoring in the weather disruption. 48 hours after the second weather related cancellation seems to be stretching it particularly when the airline was still selling equivalent tickets that would have got me there a day earlier.

corporate-wage-slave

This may be covered by LE versus TAP. Airlines may end up liable for EC261 if they don't get you to your ticketed destination as soon as possible, using other airlines if necessary. So if your actual delay was more than 3 hours and there were other options then that's ok for delay compensation.

You can pursue this either in the UK via MCOL or the CAA, or in Bulgaria.

KARFA

kind of. There is some very recent case law to suggest that non EU/UK airlines running a flight outside the EU/UK is covered if connecting to a traditionally eligible flight, but it is very much a developing area. You will certainly get a rejection from the airline and will have to pursue this one quite far to have any chance of success. I certainly wouldn’t be confident of success and it isn’t as clear cut as you suggest.

Fossiebear

Must admit didn't realise there was any uncertainty on this point. A friend recently had a flight GLA-JFK-LAX with Delta and missed JFK-LAX as a result of late GLA-JFK first leg and they paid EU261 on his request. Have filed an MCOL and will update on outcome for others reference.

KARFA

but in that example the delayed flight was one departing the UK so clearly within scope. In this example we are looking at a delay on a flight operated by a non UK/EU carrier which doesn’t touch the UK/EU, so it’s slightly different.

Fossiebear

Thanks for the clarification. But the compensation amount is based off the arrival
time of the 'non-covered' flight so seems the US operated flight is still relevant to some extent? Seems strange that the total compensation payable would look at the married segments but compensation would only be payable if the leg departing UK was delayed. Certainly AA's response didn't point to that but instead focussed on weather delay being outside the scope of 261. Will update the result once MCOL is processed. Thanks again

notforfooduse

Quick question for the collected experts -- does anyone know whether the case referenced here ('English court decides aircraft diversion for passenger illness is not an "extraordinary circumstance" for the purposes of Regulation 261') still stands? Other sources suggest medical diversion counts as extraordinary cirsumstances so ineligible for compensation, but the reported verdict in that case seems pretty unequivocal and would presumably set a precedent

AJP93

I submitted a claim for compensation and delay via BA's website on July 7, 2022, for a six-hour delay ATH-LHR that resulted in rerouting and an overnight at BOS. I have heard nothing from them at all, and their phone reps say there is no way to contact the relevant office. What recourse do I have at this point, going on 4 months since the claim? Thanks for any advice.

daron4000

I received the exact same response.

Flight Delay / First Email to BA: July 10
Follow-Up Email to BA Requesting Final Reply (and no response): Sep 9
CEDR claim submitted: Oct 5
CEDR reply (identical to above): Oct 25

Does anyone know what this means and what the next steps are? I assume this means the claim was accepted and I just need to wait for payout, but it is my first time using CEDR so perhaps those more experienced with the process can share more detail.
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corporate-wage-slave

Just read the last 3 or 4 pages, this is the norm pretty much. Then send your complaint to CEDR, which you can do after 8 weeks from initial submission.