EC261 Compensation by Condor
Jun 18, 2018, 4:11 pm
#16
Join Date: Jan 2016
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Ideally, what is needed here is the ACARS record which is transmitted when the door of the aircraft is opened.
Jun 19, 2018, 3:57 am
#17
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With the new EU flight compensation rules, this data is becoming increasingly important. Websites such as Flightradar24 have historical records of flight tracks including takeoff and landing, but they don't actually track the flight all the way to the gate.
At a minimum, I do need to know the actual departure and arrival times for the flight, in order to fill in the EU compensation claim form.
https://ec.europa.eu/transport/sites...nt_form_en.pdf
At a minimum, I do need to know the actual departure and arrival times for the flight, in order to fill in the EU compensation claim form.
https://ec.europa.eu/transport/sites...nt_form_en.pdf
Jun 19, 2018, 4:43 am
#18
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The threshold for compensation is 3 hours, and the time of arrival that is used for the determination of compensation is the time when the main cabin door is opened. The Flightradar24 data is showing the landing time, but that is not relevant for compensation claims. As I mentioned above the plane was still in motion, taxiing to the gate at 21:01.
Ideally, what is needed here is the ACARS record which is transmitted when the door of the aircraft is opened.
Ideally, what is needed here is the ACARS record which is transmitted when the door of the aircraft is opened.
EU261/04 Article 6
Compensation is regulated in Article 7
I am not lawyer. But I do not read any reference to Article 7 in Article 6 .As a result Article 6 does not define the compensation for a delay.
Therefore it should be Article 7 only. And there it is stated that in case of rerouting and an delay of more than 4 hours compensation (50% of the amount in chapter 1) is due. I do not read anything specific of a delay flight (without rerouting). But I would assume that in this case 100% of the value is due.
Jun 19, 2018, 5:09 am
#19
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You are mixing up the threshold for assistance, which is defined in Article 6 of EU261/04
EU261/04 Article 6
Compensation is regulated in Article 7
I am not lawyer. But I do not read any reference to Article 7 in Article 6 .As a result Article 6 does not define the compensation for a delay.
Therefore it should be Article 7 only. And there it is stated that in case of rerouting and an delay of more than 4 hours compensation (50% of the amount in chapter 1) is due. I do not read anything specific of a delay flight (without rerouting). But I would assume that in this case 100% of the value is due.
EU261/04 Article 6
Compensation is regulated in Article 7
I am not lawyer. But I do not read any reference to Article 7 in Article 6 .As a result Article 6 does not define the compensation for a delay.
Therefore it should be Article 7 only. And there it is stated that in case of rerouting and an delay of more than 4 hours compensation (50% of the amount in chapter 1) is due. I do not read anything specific of a delay flight (without rerouting). But I would assume that in this case 100% of the value is due.
Last edited by Nick Art; Jun 19, 2018 at 5:16 am
Jun 20, 2018, 1:17 am
#20
Join Date: Jan 2016
Posts: 17
compensation threshold
The reason that the threshold for compensation is 3 hours is in how the courts have interpreted the law. The courts have found that any delay in arrival of 3 hours or more is equivalent to the cancellation of the flight, in terms of compensation. This can be found in " Commission Notice — Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament", linked here: https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm
Last edited by superchromix; Jun 20, 2018 at 1:23 am Reason: Failed to include image properly
Jun 20, 2018, 2:30 am
#21
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The reason that the threshold for compensation is 3 hours is in how the courts have interpreted the law. The courts have found that any delay in arrival of 3 hours or more is equivalent to the cancellation of the flight, in terms of compensation. This can be found in " Commission Notice — Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament", linked here: https://europa.eu/youreurope/citizen...r/index_en.htm
Jun 20, 2018, 2:40 am
#22
Join Date: Jan 2016
Posts: 17
The thread you linked to, states the following regarding a 3-hour delay for a long-haul flight:
" For longer trips - over 3,500 km (basically the distance from London to Beirut) - then you will get full compensation after a 4 hour delay, and a reduced 50% rate for delays between 3 and 4 hours. This is purely for delays, and it is calculated on arrival time, not all the hanging around at departure. "
So, yes it appears that 3 hours is the threshold for compensation.
" For longer trips - over 3,500 km (basically the distance from London to Beirut) - then you will get full compensation after a 4 hour delay, and a reduced 50% rate for delays between 3 and 4 hours. This is purely for delays, and it is calculated on arrival time, not all the hanging around at departure. "
So, yes it appears that 3 hours is the threshold for compensation.
Jun 20, 2018, 3:01 am
#23
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You may get a 50% compensation for delays over 3 hours (but under 4 hours). However, any pay will depend on whether the delay was caused by exceptional circumstances. What reason were you given for the delay?
Jun 20, 2018, 3:03 am
#24
Join Date: Jan 2016
Posts: 17
The gate staff said there was a technical problem with the airplane. The weather was clear.
Jun 20, 2018, 3:07 am
#26
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Jun 20, 2018, 3:16 am
#27
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Aug 9, 2018, 2:11 am
#28
Join Date: Jan 2016
Posts: 17
Claim was submitted to Condor on June 24. If no response by August 24, I will need to submit a claim to my "national authority", in this case Germany, www.lba.de.
Aug 14, 2018, 3:12 am
#29
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Claim was submitted to Condor on June 24. If no response by August 24, I will need to submit a claim to my "national authority", in this case Germany, www.lba.de.