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Old Apr 23, 2010 | 6:27 pm
  #1  
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Volcanic compensation?

Tried searching and came up with nada so will ask here. Anyone who got delayed in Europe (i.e., return flight to the US was canceled) due to the craziness of the volcanic ash cloud hear anything from CO about compensation? Looking for actual experience rather than editorial opinion about the EU regulations, please.
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Old Apr 23, 2010 | 7:23 pm
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I think, but I am not sure, that in this case you will have to ask either God, or the Governments that closed their airspace. Good luck.
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Old Apr 23, 2010 | 7:49 pm
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The word of the day... "Force Majeure."
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Old Apr 23, 2010 | 7:57 pm
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Originally Posted by KarlJ
The word of the day... "Force Majeure."
That would be 2 words
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Old Apr 23, 2010 | 8:08 pm
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EU261 does not apply to CO since they are not based in the EU nor do they fly EU to EU routes.
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Old Apr 23, 2010 | 8:10 pm
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Volcanic compensation

I would be surprised if you fall under the EU rules, as you started in the USA, and presumably purchased your ticket in the USA.
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Old Apr 23, 2010 | 8:14 pm
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Originally Posted by ClimbGuy
EU261 does not apply to CO since they are not based in the EU nor do they fly EU to EU routes.
No...However the "Duty of Care" applies to any airline flying out of the EU...Read your regulations again...

If it was USA-EU the OP is afforded nothing but if EU-USA then the OP is afforded Duty of Care.
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Old Apr 23, 2010 | 8:22 pm
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Originally Posted by usa18dca
No...However the "Duty of Care" applies to any airline flying out of the EU...Read your regulations again...

If it was USA-EU the OP is afforded nothing but if EU-USA then the OP is afforded Duty of Care.
usa18dca is right...there have many posts on this forum of pax receiving EU-mandated compensation after they encountered an IrOpps on CO flying ex-EU.

What is true, is that a number of EU carriers voluntarily signed a passengers' bill of rights...no U.S. carrier signed this document.
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Old Apr 23, 2010 | 8:41 pm
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I stand corrected, could you please provide some detail on 'duty of care'


Originally Posted by TWA Fan 1
usa18dca is right...there have many posts on this forum of pax receiving EU-mandated compensation after they encountered an IrOpps on CO flying ex-EU.

What is true, is that a number of EU carriers voluntarily signed a passengers' bill of rights...no U.S. carrier signed this document.
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Old Apr 23, 2010 | 8:51 pm
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Originally Posted by ClimbGuy
I stand corrected, could you please provide some detail on 'duty of care'
First, to clarify:
The EU regulations apply to all airlines on flights *from* the EU (plus Switzerland and Norway); in addition, they apply to EU carriers on flights *to* the EU (plus Switzerland and Norway).

The cash compensation provisions of the regulation do not apply to weather issues including of course the volcano. However, other passenger rights apply. Those rights are summarized here:
"This is a situation which is causing immense difficulties for passengers travelling throughout Europe. It can be considered a very exceptional circumstance. Nevertheless, it is important to remind passengers and airlines that EU passenger rights do apply in this situation" :
the right to receive information from airlines (e.g. on your rights, on the situation as it evolves, cancellations and length of delays)
the right to care (refreshments, meals, accommodation as appropriate)
the right to chose between reimbursement of fares or be re-routed to final destination
In an exceptional circumstance such as this, passengers are not however entitled to additional financial compensation that would be the case where delays or cancellations are the fault of the airline.
Also see here:
http://ec.europa.eu/ireland/press_of...-rights_en.htm
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Old Apr 23, 2010 | 8:55 pm
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Originally Posted by ClimbGuy
I stand corrected, could you please provide some detail on 'duty of care'
Here's the full text of the regulation from the EU's website.

It clearly states that the regulations apply to non-EU carriers for flights originating in the EU (but not originating from outside the EU and traveling to the EU)

ec.europa.eu/transport/air_portal/passenger_rights/doc/.../q_and_a_en.pdf
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Old Apr 24, 2010 | 1:40 am
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The Right to Care is discussed in Article 9 of 261.
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Old Apr 24, 2010 | 3:38 am
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Thanks, but...

Appreciate the opinions offered and the resource links - all of which I have seen previously - but I am looking to hear from anyone who has actually been stranded in Europe during the recent volcanic cloud chaos and sought or received compensation, and/or received any information from CO on the issue. There does not seem to be anything specific to this on the CO site. We fly out tomorrow on our thrice rescheduled return flight.
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Old Apr 24, 2010 | 5:43 pm
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My husband asked about compensation for me while I was in London. CO cancelled my Wednesday flight and rescheduled it for Tuesday. A flight did go out Wednesday with a different number and I am assuming, people who were stranded longer. But when my husband asked what we were supposed to do for 6 extra nights of hotel, food, etc., while I would've been stranded, and what CO would do about it, he got the answer- nothing.

Had I been stranded for the extra 6 days, I do think that SOME sort of help could've been provided, even if it was only a percentage off hotel rooms. I think the hotels could've stepped up, too, and between the two, something could've been done. That is MY opinion. This was an unprecedented event and who knows how things could've been done differently if they'd been prepared. Now we know what can happen, and I hope the airlines, the governments and the travel industry have learned from it.

Luckily, I actually got through to the CO line on Wednesday afternoon after checking the website and seeing a flight leaving Thursday with open seats. I actually cried when the CO rep asked me if I wanted to go home before Tuesday. (I guess he didn't know that it was a rescheduled flight?) I had been ready to take a train to Birmingham, England and fly to Newark from there, rather than wait to fly from LHR Tuesday.

My husband had called CO (as I couldn't get through for DAYS from the UK) and put me through on a conference call to originally see what could be done. I was not asking for anything but a flight home b/c the feeling of being trapped, whether it is a day or a week is scary. But when we were told I had to wait until Tuesday or take a train to another city, my husband was not shy about asking if CO was going to help with train fare or hotel costs, or if they were offering anything. The answer was no. And this was once airspace was open.

I'm lucky in that I knew to check the website and did finally get through on my own to a kind agent who gave me one of two seats showing open on Thursday's flight. But once aboard the plane, I was shocked to see so many open BF seats. I had 2 BF seats to myself, as did many people in BF. Economy was, I'm told, full.

I would've loved to have some of my hotel paid for and definitely would love to be reimbursed for the time I spent on hold with CO over a 4 day period. I'm dreading my cell phone bill like the plague. But as the agent told my husband as I listened, "We're not responsible for that." And I don't think they are, legally. If it'd been a European airline, there would've been legal precedent. In this case, I'm just glad I'm only out the 1 night and cell phone charges. If I'd had to stay until Tuesday, I don't know where I would've found the money.

But good luck either way, it doesn't mean that you won't get a better answer. Asking doesn't hurt. The worst they can say is no.
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Old Apr 24, 2010 | 6:31 pm
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Originally Posted by thaliajen
I would've loved to have some of my hotel paid for and definitely would love to be reimbursed for the time I spent on hold with CO over a 4 day period. I'm dreading my cell phone bill like the plague. But as the agent told my husband as I listened, "We're not responsible for that." And I don't think they are, legally. If it'd been a European airline, there would've been legal precedent. In this case, I'm just glad I'm only out the 1 night and cell phone charges. If I'd had to stay until Tuesday, I don't know where I would've found the money.
CO is liable to reimburse you for the hotel night. The cell phone charges are yours to bear. Continental's Notice for Flights Departing the EU can be found at http://www.continental.com/web/en-US.../eudenied.aspx

You should fax or mail your hotel receipt (and any food receipts or transport costs between hotel and airport) to Continental at :
Continental Airlines, Inc.
Customer Care
900 Grand Plaza Drive
Department NHCCR
Houston, Texas 77067
TEL: 800-932-2732
Fax 832-235-1806 or 800-214-0506

This is your "Right to Care" as Continental states
of: "a) meals and refreshments in a reasonable relation to the waiting time and two telephone calls, telex or fax messages, or e-mail messages; and
b)in the event you are re-routed, if the reasonably expected time of departure of the new flight is at least the day after the departure as it was
planned for the cancelled flight, hotel accommodations where a stay of one or more nights becomes necessary or a stay additional to that
intended by the passenger becomes necessary, and transport between the airport and place of accommodation (hotel or other)."

The EU provides a form that may be used to file a complaint with an airline or with the enforcement body:
http://ec.europa.eu/transport/passen...nt_form_en.pdf

If your claim is denied, then you can complaint to the UK authority: http://www.auc.org.uk/default.aspx?c...0&pageid=11028
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