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UA/CO cancelled flight CDG - IAD -- suggestions for EU 261 claim?

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UA/CO cancelled flight CDG - IAD -- suggestions for EU 261 claim?

 
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Old Feb 29, 2012, 6:38 pm
  #1  
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UA/CO cancelled flight CDG - IAD -- suggestions for EU 261 claim?

Hi All,

Does anybody have any suggestions for how to get a EU 261 claim against Continental/United airlines?

Long story short - Me, my wife, and 18 month old had our 5pm CDG-IAD flight cancelled last Sunday on our way out of Paris. The reason was "Mechanical Difficulties". We were told by reservations agent the next flight was on Monday at 1145am (turned out on our now fixed aircraft), no hotel vouchers could be given, and that we best make our own hotel arrangments and try for a reimbursement.

We arrived back at IAD at 3pm on Monday (not the 8pm on Sunday we wanted), so in addition to hotel, meals, cell-phone roaming, and extra parking expense I had to take an extra day off of work!

I called up Contintental and got the runaround on how to ask for a reimbursement. I called the Customer Care line and spent an hour on hold (yay speakerphone) all the while looking into the EU 261 regulations. The 600 Euro per person compensation is starting to sound really nice about now....

Any suggestions, advice, or ideas? Anybody have any experience with the european based "agents" that can file claims on your behalf?

Thanks!

--Bob
SA Silver
HH Gold
rbarnett007 is offline  
Old Feb 29, 2012, 6:46 pm
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Was there a fuel stop on the way to IAD as well?

They didn't compensate hotel? That is terrible
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Old Feb 29, 2012, 7:05 pm
  #3  
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Originally Posted by rbarnett007
Any suggestions, advice, or ideas?
Your claim is with the operating carrier. Ignore the merger/ticketing/code share stuff.

Here's a link to KLM's multi-page pamphlet. Not your carrier, I know, but this is written lucidly.

http://www.klm.com/travel/br_en/imag...532-221268.pdf
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Old Feb 29, 2012, 7:11 pm
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I've successfully claimed against Delta for a similar situation last year. Airlines (particularly US airlines) don't like to pay up, but they have been known to.

This case is fairly straightforwardly covered by EU 261/2004, and if United are playing by the rules, they'll pay up.

United have an absolute duty to compensate you for hotel and food during the delay. There is no getting out of that under EU 261/2004, and in fact I'm amazed that they didn't block-book a hotel and just hand out rooms (that's what Delta did at Heathrow, although we didn't use them and went back to stay an extra night with my parents instead).

They _may_ try to get out of paying your €600 claim for a mechanical (claiming 'extraordinary circumstances'), but generally speaking that argument won't stand up in court. Of course, they may decide to hope you won't push it that far.

What I would do is write to them through the Customer Relations link on the website. Be polite but assertive. Something like the following:

"Our family of three was booked on UA131 on Sunday February 26, which was canceled due to a mechanical failure. We incurred hotel and food expenses in the amount of EUR 170, which United is required to refund to us under EU Regulation 261/2004. Additionally, as this is clearly not 'extraordinary circumstances' within the meaning of EU Regulation 261/2004, we would like to claim our cash compensation. Would you therefore please forward our compensation by US dollar check to the above address. The compensation is EUR 1800 (three passengers on a Type C flight), which I estimate is approximately USD 2400 at current exchange rates. Please acknowledge and advise me when I can expect my check. If there is any further information you need from me, please let me know."

It took Delta about a month to reply to us -- United may be similar. If you don't hear from them in a reasonable time or if they reject it, then you can go onto somewhere like euclaim.com, who will handle your claim but take a cut of about a third of the money. But you're probably best off starting by doing this yourself.
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Old Feb 29, 2012, 7:36 pm
  #5  
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Thanks all for the feedback.... some additional details....

1) The flight was non stop from CDG to IAD, no fuel stops
2) I received word of the flight being cancelled at 1245pm local time, literally as we were walking out door of rental flat to take metro to airport. The email said...."As of 12:30pm on Feb 26, flight 133 CDG-IAD on Feb 26 has been cancelled. Go to Change or View Reservations at continental.com or call 800-525-0280 for more information." --> very helpful.
3) I spent nearly an hour on cell phone (at .99/min) with reservations desk who were quick to say that I was better off dealing with them than trying to go to airport and standing in line.... but then again, they couldn't give me a hotel voucher over the phone

Just to make matters worse....

Once we got to IAD, they had mis-placed our stroller! It wound up being thrown in with rest of luggage AFTER immigration, and UNITED kept trying to pass the buck to us, claiming we didn't gate-check it properly or that CDG crew didn't load it.

Bottom line, NOBODY from United displayed a sense of ownership or responsibility to myself, my wife, or our 18-month old comfort. It was the PHENOMENAL Dulles airport helpers that moved us to front of lines and found our stroller....

In any case, I will try to submit a claim with United.com and see what happens. At the end of the day, even if EUclaim takes 25%, that is still a chunk of change for my aggravation.

Sad too....I used to like flying....looks like we are gonna be driving to Orlando from now own.

--BB
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Old Mar 1, 2012, 10:24 am
  #6  
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OP:

Keep your discussion with UA to the facts. We see claims of "I'll never fly this airline ever again" all over here, and we find it means nothing. People will fly again.
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Old Mar 1, 2012, 11:12 am
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Originally Posted by marlborobell
They _may_ try to get out of paying your €600 claim for a mechanical (claiming 'extraordinary circumstances'), but generally speaking that argument won't stand up in court. Of course, they may decide to hope you won't push it that far.
I had a similar issue with US a couple of years back on a MAN-PHL segment. Food/Drinks/Hotel were provided, but EU261 compensation was withheld. The reason was that "the aircraft has received all of its programmed checks and maintenance and therefore the mechanical failure could not have been foreseen or prevented". As the failure was a faulty fuel pump, I was quite happy to remain on the ground.

They initially offered $150 each as a voucher to myself and my partner, but after I had written a second time citing EU261, this became $1200 each! I guess they did it this way as EUR600 in cash twice would be more expensive for them than providing the vouchers and us booking what turned out to be tax-only tickets LHR-SAN then SFO-LFR.
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Old Mar 1, 2012, 2:14 pm
  #8  
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Originally Posted by aacharya
OP: Keep your discussion with UA to the facts. We see claims of "I'll never fly this airline ever again" all over here, and we find it means nothing. People will fly again.
LOL, Really?? Why dont you ask Southwest and Alaska how many times I've flown them since they hosed me over in 2003
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Old Mar 1, 2012, 2:43 pm
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Been there, done that (successfully!

Visit this site to see how it should be handled.

http://www.airlinecomplaints.org/forumdisplay.php?f=29 and look at the topic "Any experience with European Union (EC) Regulation 261/2004 claims?"

J K Griffin
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Old Mar 13, 2012, 7:41 pm
  #10  
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UPDATE! - cancelled flight CDG-IAD -- suggestions for EU 261 claim?

Hi All,

UPDATE -----

Bottom line up front - I submitted a claim through United.com/feedback, and 2weeks later received a letter in the mail from United Airlines containing an apology and three electronic certificate vouchers for $250 each (towards a future flight, of course).

They did not, however, address the EU 261 claim at all, nor did they include reimbursement for my out-of-pocket expenses of staying an extra night in France with my family (hotel, meals, transportation, etc). The letter claimed that "while preparing for departure, a mechanical issue beyond our control impacted the operations of the aircraft originally scheduled for your flight. Consequently, the aircraft was taken out of service, causing your flight to be cancelled".

While I appreciate the apology and the vouchers, this is merely a first step.

I have submitted another claim through United.com/feedback for reimbursement of my hotel, meals, transportation, parking, and cell phone charges totaling $339.72. SO - stay tuned, and fingers crossed!

BTW (and FYI) - Their website has a bug on the form. When I attached my receipts and such, the form would reset. The only way for me to get the confirmation page was to skip attaching my receipts (i.e. no evidence). Instead, I copy-pasted them into the text box with a note to email me for the actual PDF files.

--Bob
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Old Mar 13, 2012, 11:18 pm
  #11  
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Originally Posted by rbarnett007
Hi All,

UPDATE -----

Bottom line up front - I submitted a claim through United.com/feedback, and 2weeks later received a letter in the mail from United Airlines containing an apology and three electronic certificate vouchers for $250 each (towards a future flight, of course).

They did not, however, address the EU 261 claim at all, nor did they include reimbursement for my out-of-pocket expenses of staying an extra night in France with my family (hotel, meals, transportation, etc). The letter claimed that "while preparing for departure, a mechanical issue beyond our control impacted the operations of the aircraft originally scheduled for your flight. Consequently, the aircraft was taken out of service, causing your flight to be cancelled".

While I appreciate the apology and the vouchers, this is merely a first step.

I have submitted another claim through United.com/feedback for reimbursement of my hotel, meals, transportation, parking, and cell phone charges totaling $339.72. SO - stay tuned, and fingers crossed!

BTW (and FYI) - Their website has a bug on the form. When I attached my receipts and such, the form would reset. The only way for me to get the confirmation page was to skip attaching my receipts (i.e. no evidence). Instead, I copy-pasted them into the text box with a note to email me for the actual PDF files.

--Bob
$250 is a tiny fraction of what you're owed under EU law - they are obviously trying to avoid paying the claim and hopeful you'll forget about this small detail. You should (if you want the proper compensation you're entitled) continue pressing the EU legal claim, and if necessary, prepare to take them to Small Claims Court (which is very cheap and easy to do, and will likely result in your claim being paid before the court date).
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Old Mar 13, 2012, 11:23 pm
  #12  
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Their initial compensation is nearly as tiny as the plane they use now on CDG-IAD. And similarly pathetic.

I agree with the advice upthread - data and facts not emotion. But you know not to fly the regional jet next time.
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Old Mar 13, 2012, 11:50 pm
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EDIT: Misread original post. Thought the 3-$250 vouchers were for one person, not three....
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Old Mar 14, 2012, 3:52 am
  #14  
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OP - Stand still for your right under EC261/2004.

This is your entitlement - not extortion.

(BTW - Why no one realize that it should be EC but not EU?)
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Old Mar 14, 2012, 12:40 pm
  #15  
 
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I submitted a EU 261 claim to LH last summer (it was a CO reward booking in F, YYC-TLV). Within 3 weeks (no further follow up) they mailed me a check for 600 Euros. Incredible, however, like many have already stated, dealing with a US airline will be tougher.

Good luck and stick to your guns.
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