EU261 compensation claim
Jul 3, 2023, 5:47 am
#61
Join Date: Nov 2010
Programs: IHG Platinum
Posts: 1,066
Not experienced a flight delay or cancellation yet but I want to better understand whether missing connections within EU qualify when journey started outside the EU.
I have an AA Partner award ticket CGK-DOH-MAD-OPO with one hour connection in MAD
CGK-DOH-MAD on QR and MAD-OPO on IB
Let's say DOH-MAD plane arrives half hour late, leading me to miss my connection at MAD such that I arrive 4 or more hours later at OPO.
Does my itinerary qualify for EU261 based on the MAD-OPO flight or am I not qualified because I started my journey outside EU?
I have an AA Partner award ticket CGK-DOH-MAD-OPO with one hour connection in MAD
CGK-DOH-MAD on QR and MAD-OPO on IB
Let's say DOH-MAD plane arrives half hour late, leading me to miss my connection at MAD such that I arrive 4 or more hours later at OPO.
Does my itinerary qualify for EU261 based on the MAD-OPO flight or am I not qualified because I started my journey outside EU?
Jul 3, 2023, 5:53 am
#62
Join Date: Nov 2004
Location: ORD, LHR, FCO
Programs: BA Gold, etc. etc.
Posts: 1,402
Not experienced a flight delay or cancellation yet but I want to better understand whether missing connections within EU qualify when journey started outside the EU.
I have an AA Partner award ticket CGK-DOH-MAD-OPO with one hour connection in MAD
CGK-DOH-MAD on QR and MAD-OPO on IB
Let's say DOH-MAD plane arrives half hour late, leading me to miss my connection at MAD such that I arrive 4 or more hours later at OPO.
Does my itinerary qualify for EU261 based on the MAD-OPO flight or am I not qualified because I started my journey outside EU?
I have an AA Partner award ticket CGK-DOH-MAD-OPO with one hour connection in MAD
CGK-DOH-MAD on QR and MAD-OPO on IB
Let's say DOH-MAD plane arrives half hour late, leading me to miss my connection at MAD such that I arrive 4 or more hours later at OPO.
Does my itinerary qualify for EU261 based on the MAD-OPO flight or am I not qualified because I started my journey outside EU?
If I'm reading this right, only the MAD-OPO segment is covered by Reg. EC 261/2014, hence you'd be entitled to the lower comp for the short-haul flight only:
- If you depart from a non-EU country to your final destination in an EU country, with connecting flights operated successively by non-EU and EU airlines or by EU airlines only, only the flights operated by EU airlines are taken into consideration for the right to compensation in case of a long delay on arrival at the final destination.
Jul 3, 2023, 6:05 am
#63
Join Date: Nov 2010
Programs: IHG Platinum
Posts: 1,066
If I'm reading this right, only the MAD-OPO segment is covered by Reg. EC 261/2014, hence you'd be entitled to the lower comp for the short-haul flight only:
- If you depart from a non-EU country to your final destination in an EU country, with connecting flights operated successively by non-EU and EU airlines or by EU airlines only, only the flights operated by EU airlines are taken into consideration for the right to compensation in case of a long delay on arrival at the final destination.
Jul 3, 2023, 6:15 am
#64
Join Date: Nov 2004
Location: ORD, LHR, FCO
Programs: BA Gold, etc. etc.
Posts: 1,402
I may be wrong,, but yes, my interpretation of the rules is that you should qualify. Unless what the text refers to is a delay in the EU flight's departure. So I'm not sure..
Jul 3, 2023, 6:15 am
#65
Join Date: Jan 2013
Posts: 101
It makes one wonder what kind of drugs the person who wrote the e-mail was on, as according to Reg. EC 261/2014 under no circumstances is EUR 300 an applicable amount for compensation:
https://europa.eu/youreurope/citizen...sation-delay-1
IB deserves to be reported to AESA for trying to pull this.
https://europa.eu/youreurope/citizen...sation-delay-1
IB deserves to be reported to AESA for trying to pull this.
Jul 3, 2023, 6:19 am
#66
FlyerTalk Evangelist
Join Date: Aug 2011
Location: Barcelona, London, on a plane
Programs: BA Silver, TK E+, AA PP, Hyatt Globalist, Marriott LT Plat, Hilton Diamond
Posts: 13,051
I would reply with a concise email stating that:
1. your flight was longer than 3,500 kms
2. your flight was delayed by more than 4 hours
Therefore EC261 makes clear that you are entitled to 600 euros compensation. (not 300) Then provide your bank details...
Jul 3, 2023, 6:20 am
#67
Join Date: Nov 2004
Location: ORD, LHR, FCO
Programs: BA Gold, etc. etc.
Posts: 1,402
Jul 5, 2023, 12:37 am
#68
Join Date: Mar 2014
Location: San Francisco
Posts: 1,352
There are circumstances when the compensation is 300 €: when the delay is between 3 and 4 hours. I imagine IB is trying to argue that the delay was under four hours.
Jul 10, 2023, 12:46 pm
#69
Join Date: Jan 2013
Posts: 101
IB has clearly admitted responsibility by emailing you.
I would reply with a concise email stating that:
1. your flight was longer than 3,500 kms
2. your flight was delayed by more than 4 hours
Therefore EC261 makes clear that you are entitled to 600 euros compensation. (not 300) Then provide your bank details...
I would reply with a concise email stating that:
1. your flight was longer than 3,500 kms
2. your flight was delayed by more than 4 hours
Therefore EC261 makes clear that you are entitled to 600 euros compensation. (not 300) Then provide your bank details...
Jul 14, 2023, 1:27 pm
#70
Join Date: Mar 2009
Location: LAX
Posts: 3,267
I never got a reply from Iberia regarding a diverted/canceled due to an in flight mechanical failure, rebooked for several days later flight from lax to Madrid. My claim shows as received on the Iberia site, but nothing has been done with it after more than 30 days. I did, however, make the mistake of putting it under "delay" rather than "canceled flight.". Now I'm planning to go to the regulator, and I'm wondering... My mistake shouldn't affect things, right? I assume Iberia ignoring my claim is just Iberia being Iberia, and going to the regulator with an ironclad claim should shake things loose.
Jul 31, 2023, 8:27 am
#72
Join Date: Mar 2009
Location: Brooklyn, NY
Posts: 1,470
My IB JFK-MAD flight cancelled November 19th 2022 due to inbound aircraft diverting to Halifax (engine issue). I submitted my EU261 claim to Iberia on November 26th received a response on December 2nd approving my claim, requesting my ID and address where to send the check. I responded back and waited a month then started following up. Heard from them again on Jan 23rd 2023 again stating that they will be mailing me a check (posting their response below). It's now been close to 2 months and multiple follow up emails from me but still no check and no response. Before I submit a claim with AESA I wanted to check in this thread if that's still the best course of action.
Estimado señor greendx:
Gracias por ponerse en contacto con nosotros en relación con la cancelación de su vuelo IB6250 del 19/11/2022, desde JFK a MAD. Antes de la salida detectamos una avería en el avión, que nuestros técnicos de mantenimiento resolvieron en el menor tiempo posible.
Entendemos los inconvenientes que haya tenido en su viaje. La puntualidad de los vuelos es uno de nuestros objetivos principales y todos los días nos esforzamos al máximo por mantenerla. Para poder ser puntuales dependemos de nuestras propias actuaciones y también de factores externos, cuya repercusión siempre tratamos de minimizar.
Después de analizar su caso vamos a abonarle el importe de 649 dolares, a través de un cheque bancario nominativo.
Por favor, responda a este correo seleccionando la opción “Responder” para facilitarnos la siguiente información:
El período para hacer efectivo este pago puede variar desde una semana hasta un mes.
Le pedimos disculpas por lo ocurrido en esta ocasión y esperamos que su próximo vuelo con nosotros sea satisfactorio.
Gracias por seguir confiando en Iberia,
Clientes & Loyalty
Estimado señor greendx:
Gracias por ponerse en contacto con nosotros en relación con la cancelación de su vuelo IB6250 del 19/11/2022, desde JFK a MAD. Antes de la salida detectamos una avería en el avión, que nuestros técnicos de mantenimiento resolvieron en el menor tiempo posible.
Entendemos los inconvenientes que haya tenido en su viaje. La puntualidad de los vuelos es uno de nuestros objetivos principales y todos los días nos esforzamos al máximo por mantenerla. Para poder ser puntuales dependemos de nuestras propias actuaciones y también de factores externos, cuya repercusión siempre tratamos de minimizar.
Después de analizar su caso vamos a abonarle el importe de 649 dolares, a través de un cheque bancario nominativo.
Por favor, responda a este correo seleccionando la opción “Responder” para facilitarnos la siguiente información:
El período para hacer efectivo este pago puede variar desde una semana hasta un mes.
Le pedimos disculpas por lo ocurrido en esta ocasión y esperamos que su próximo vuelo con nosotros sea satisfactorio.
Gracias por seguir confiando en Iberia,
Clientes & Loyalty
Overdue update. I emailed every Iberia address I was able to find and finally got a response from someone that was able to help sort this out. Apparently my check was mailed in February but was lost in the mail. IB had to cancel the check and after a couple of more back and forth emails, I was paid via wire transfer in early May.
Aug 1, 2023, 3:12 pm
#73
Join Date: Jan 2023
Location: Boston, MA
Posts: 172
I finally got notification from Iberia that they would pay compensation for my January 10th flight from BOS - MAD that was delayed. Unfortunately, I don't have the flight history anymore (does anyone know how I can get the flight history of that flight from over 6 months ago?) and even though they originally sent an email to me this morning saying they would be paying 600 euros per pax, they followed it up immediately with an email saying they were mistaken and are only paying 300 euros per pax. The delay might truly have been between 3 and 4 hours, but if I remember correctly, it was very close.
Aug 3, 2023, 8:21 am
#74
formerly OliverS
Join Date: Nov 2004
Posts: 405
- Article 6 (delays) does not specifically mention Article 7 (which describes the compensation).
- However, it became clear and accepted by courts that delays would also lead to compensation, otherwise it could open a loophole for airlines in which they wouldn't cancel a flight but just delay it forever.
- Article 7 says that the compensation for cancelled (and thus also for delayed) flights above 3500km is 600 EUR.
- Article 7 however also says that, if a flight is cancelled and the airline offers a replacement and if that replacement arrives less than 4 hours late (in the case of long haul), then they can reduce the compensation by 50%.
I finally got notification from Iberia that they would pay compensation for my January 10th flight from BOS - MAD that was delayed. Unfortunately, I don't have the flight history anymore (does anyone know how I can get the flight history of that flight from over 6 months ago?) and even though they originally sent an email to me this morning saying they would be paying 600 euros per pax, they followed it up immediately with an email saying they were mistaken and are only paying 300 euros per pax. The delay might truly have been between 3 and 4 hours, but if I remember correctly, it was very close.
I had to fight Iberia quite hard earlier this year and send them photos I had taken while the crew was opening the doors, which showed that it was indeed 4:02 hours late.
Aug 3, 2023, 2:07 pm
#75
Join Date: Jan 2023
Location: Boston, MA
Posts: 172
It is not really spelled out. If I remember it well it goes something like this:
--
Flightradar24 has the flight history; but going back to January requires a Gold subscription. That might be worth it though.
I had to fight Iberia quite hard earlier this year and send them photos I had taken while the crew was opening the doors, which showed that it was indeed 4:02 hours late.
- Article 6 (delays) does not specifically mention Article 7 (which describes the compensation).
- However, it became clear and accepted by courts that delays would also lead to compensation, otherwise it could open a loophole for airlines in which they wouldn't cancel a flight but just delay it forever.
- Article 7 says that the compensation for cancelled (and thus also for delayed) flights above 3500km is 600 EUR.
- Article 7 however also says that, if a flight is cancelled and the airline offers a replacement and if that replacement arrives less than 4 hours late (in the case of long haul), then they can reduce the compensation by 50%.
--
Flightradar24 has the flight history; but going back to January requires a Gold subscription. That might be worth it though.
I had to fight Iberia quite hard earlier this year and send them photos I had taken while the crew was opening the doors, which showed that it was indeed 4:02 hours late.
Thankfully, Flightradar24 had a 7-day free trial of the Gold subscription so I took advantage of that to look into it. While the flight left BOS 4 hours 11 minutes late, they cut the landing delay to only 3 hours 25 minutes. I presume they might have a made a conscious effort to cut it down as much as possible, especially below 4 hours. With this information, I'll just take the 300 euros per pax and call it a day. To be honest, I didn't even know about EU261 until we were waiting at baggage claim and some random person walked up to me and asked if I knew about it to invite me to use their services to ask for compensation.
Thank you!
Last edited by Zolor23; Aug 3, 2023 at 2:58 pm