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Old Sep 28, 2010 | 9:49 am
  #1  
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Problems with DL and EC261

One of my friends was booked on DL002 over the summer LHR-JFK and on her way to LHR she got a phone call that the flight had been canceled due to mx issues. She was rebooked almost 2 hours earlier on KU(not even close to DL standards) and because she was rebooked over an hour earlier I thought she was compensation minus 50% since they got her to JFK within 4 hours of her original arrival. DL just responded today to this claim and has refused it without a reason. I feel I'm in the right here trying to think if my next move should be to escalate it within DL or file an EU compliant?
Cheers
Howie
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Old Sep 28, 2010 | 9:55 am
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File an EU complaint or use a claim service that will pursue DL in the UK (the better ones will only take a fee if the claim is won). DL has a doggy history of paying EU 271. Heck, they don't have that great of a record paying IDB here in the US.
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Old Sep 28, 2010 | 10:06 am
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Originally Posted by motytrah
File an EU complaint or use a claim service that will pursue DL in the UK (the better ones will only take a fee if the claim is won). DL has a doggy history of paying EU 271. Heck, they don't have that great of a record paying IDB here in the US.
Can you suggest a service that would pursue DL? I can't believe they just dismissed it out of hand without a reason..
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Howie
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Old Sep 28, 2010 | 11:05 am
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Originally Posted by stockmanjr
One of my friends was booked on DL002 over the summer LHR-JFK and on her way to LHR she got a phone call that the flight had been canceled due to mx issues. She was rebooked almost 2 hours earlier on KU(not even close to DL standards) and because she was rebooked over an hour earlier I thought she was compensation minus 50% since they got her to JFK within 4 hours of her original arrival. DL just responded today to this claim and has refused it without a reason. I feel I'm in the right here trying to think if my next move should be to escalate it within DL or file an EU compliant?
Cheers
Howie
Why are you pursuing this and not your friend ? I think the passenger has to request compensation etc not a friend who did not travel.
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Old Sep 28, 2010 | 11:09 am
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Originally Posted by firstmob
Why are you pursuing this and not your friend ? I think the passenger has to request compensation etc not a friend who did not travel.
She's not on FT nor does she have time to do deal with FT so I offered to help her out. Everything to DL was sent in her name and her email address.
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Howie
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Old Sep 28, 2010 | 11:18 am
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I'm confused, she got home earlier and wants compensation? Would she have preferred to not be booked and sit at the airport until the plane was fixed or the next flight later was avaialble?
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Old Sep 28, 2010 | 11:32 am
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The rules are a bit foggy when you actually get there early. At any rate, some people have been using EUclaim. There have an online questionnaire that will help set expectations if the claim has merit or not.
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Old Sep 28, 2010 | 11:39 am
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Originally Posted by MR_MAMA
I'm confused, she got home earlier and wants compensation? Would she have preferred to not be booked and sit at the airport until the plane was fixed or the next flight later was avaialble?
Would you like it if you suddenly had to jump off a train and into a black cab if they moved your flight up by almost 2 hours and call you when your just leaving for the airport? EU 261 states that if your flight is canceled and your new flight is leaving more than an hour before the original depature and your notified less than 7 days in advance your entitled to 50% of the compensation amount. To make it worse KU isn't even on the same level as DL in terms of service.
Cheers
Howie

Last edited by stockmanjr; Sep 28, 2010 at 11:45 am
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Old Sep 28, 2010 | 11:58 am
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Originally Posted by motytrah
The rules are a bit foggy when you actually get there early. At any rate, some people have been using EUclaim. There have an online questionnaire that will help set expectations if the claim has merit or not.
Thanks just did their questionnaire and it confirmed my thoughts that she should get EUR300.
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Howie
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Old Sep 28, 2010 | 12:06 pm
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Let us know how it goes with getting the claim paid. I assume you're going to go through the euclaim service? Seems that they don't charge a fee.
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Old Sep 28, 2010 | 12:35 pm
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Originally Posted by rylan
Let us know how it goes with getting the claim paid. I assume you're going to go through the euclaim service? Seems that they don't charge a fee.
Buried in the FAQ it appears they take a small cut of the EU 261 award. However, I think the real money for them is in awarded lawyers fees. At any rate they don't appear to charge any money if they don't win. Always read the fine print before signing anything.
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Old Sep 28, 2010 | 12:58 pm
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Ahhh I see that now. If the airline pays, you get 73% of the award... so they keep 27% of the paid claim.
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