Futile trip because of delay over 5 hours. Refund?
 

I had booked a ticket with CO on LH metal from Germany to US for an event in NY. My arrival was delayed over 5 hours making my trip futile. Does CO offer any refunds as result of this according tot he EU regulations.
As per my understanding In case of a delay of more than 5 hours you are entitled to a refund of your ticket within seven days for the parts not used or for those parts already used if your flight no longer serves its purpose, and when relevant, a return flight to your first point of departure.

I have contacted CO, the response was that refund is not due as the ticket is used. Any suggestions?

If you were departing the EU on any carrier, or arriving in the EU on a carrier licensed in the EU, you would be entitled to a refund for a delay over 5 hours. Unfortunately, CO is not legally required to refund your money, but LH might be. The code share certainly confuses things.

The words that usually work are due to the excessive delay it is a trip in vain.

When I contacted LH they said that since CO issued the ticket CO has the "money". Why is CO not legally obliged to follow EU laws when selling tickets in markets where these laws apply?

Huh, I'm surprised it hasn't gone to LH via the BSP since you've already traveled.

Can I clarify something - you took the (delayed) outbound flight. Did you take the return leg of the trip as originally booked also? Or was it just a one-way ticket?

The fact that you actually took the trip will really work against you if you're looking for a refund.

My trip involved travelling to Europe to prepare for the event.

The delay occurred on the return portion of my ticket. The delay was due to a mechanical issue and not due "extraordinary circumstances".

So, it would appear you are based in NYC? If that is correct, while you were unable to attend the event in NYC, the trip home was not "futile" since you were, presumably, going to return to your base.

As I understand it, the "futile trip" exception occurs when the delay is in the outbound portion of your trip, thereby making no sense to travel outbound, and then come back inbound.

Your trip was delayed coming back inbound (i.e., as you say the return portion of your trip). While you would have liked to have gotten back in time for some NYC event, you were presumably coming back to your base anyway.

Sounds like you were cutting it awfully tight to go to Europe just before the important NYC event, and then book a flight which would get you back just barely in time for the important NYC event. Delays do happen, and it appears you did not plan for that in your travels.

(Reminds me of the time I flew out the night before for a deposition on the other coast. Opposing counsel thought he could fly out that morning and get there 30 minutes before the scheduled deposition, which they had scheduled. Only there was a delay. Plaintiff's counsel called from in the air on the plane. The witness, subpoenaed by opposing counsel, and his attorney, refused to wait or reschedule the deposition to 6 hours later, that evening. Deposition did not happen because of Plaintiff's counsel's poor planning.)

The EU regulation talks about abandoning further flights, and being entitled to a return to your original destination. In this case, it appears NYC was your original destination. Correct?

I see this one as partially their fault, and partially your fault. I would think they would throw some voucher $ at you for the delay. But not sure they are required to give you compensation. I'd write a letter.

According to the regulations: http://en.wikipedia.org/wiki/Regulation_261/2004

If a flight is delayed by five hours, passengers are additionally entitled to abandon their journey and receive a refund for all unused tickets, a refund on tickets used already if the flight no longer serves any purpose in relation to their original travel plan, and, if relevant, a flight back to their original point of departure at the earliest opportunity.

But you didn't abandon your journey - you continued on it, and completed it. You are on the wrong track thinking that this is a "trip in vain" or anything similar. As far as any airline is concerned you were delayed 5 hours on your return leg - that's it. The trip in vain provisions are intended for people who need to abandon their whole trip and be returned to their origin because the trip is no longer worthwhile.

You may have a case under the EU law just because of the delay itself - that's the direction I would be focusing on if I was in your position.

I don't see how a delayed return flight can be construed as a trip in vain.

Thank you for your input. I will peruse the other option of compensation due to delay. As per http://europa.eu/youreurope/citizens...r/index_en.htm that may be up to 600 Euro.

Got it.
 

Just an update. The airline wrote me back along with 600 EUR which was half of the ticket price.

Thank you for your input.

Great news!!