Austrian Airlines - Where to send EU261/04 claim to?
 

Dear FT,

Where is the proper destination for EU261/04 claims with OS?
I'd like to file a request for myself, wife and daughter based on the below:

Myself:
I had a confirmed ticket with boarding passes in hand for PRG to IAD via VIE in Business Class. I was scheduled to meet my wife in VIE (she was on TLV-VIE) and continue together to IAD. My original scheduled arrival to IAD was 2:25PM on 9/3.
The flight to VIE was cancelled and I received no information about it, only found out by accident when trying to change my seating assignment. The entire reservation got cancelled and I was re-booked on PRG-FRA-IAD which resulted in me getting to my final destination at approx. 8PM, 5.45 hours after my original scheduled arrival.

Wife:
I was originally on flight OS860 connecting to OS93 with arrival time of 2:25PM to IAD on 9/3 in Business Class.
OS860 was cancelled and I was re-booked on AC83, connecting with AC8174 with scheduled arrival time of 20:32PM to IAD on 9/3.
AC83 was delayed, which forced us to miss the connecting flight and spend the night in YUL. We arrived to IAD the day after on 9/4 at 3:44PM.


Thanks!

Two cancellations on the same day suggests widespread IRROPs, which may increase the likelihood of ineligible for EC261. What were the reasons given for the cancellations?

"Operational"
no other reason was provided.

All of you should be entitled to 600€ from OS, unless there was a force majeure reason. OS might claim that the flight was wholly outside the EU, but remind them that this is only the replacement flight, not the original flight.

Your wife and daughter may also try and see if they have any claim with AC based on Canadian or US regulations.

I suppose that you can file the claims, but you leave yourself open for an easy denial if you do not press for more information as to the reason for a delay or cancellation.

The easiest and best channel is to use the OS online complaint form which has a specific sub-category for cancellations.

Thank you guys, I will seek the reason of the cancellation.

Update:
I submitted two claims, one for me *Gold and one for my wife and daughter as they were on a different PNR. Within 24 hours I received an update on my case saying I'm eligible for 600 euros and they will transfer it to my bank account. Nothing on the 2nd claim yet.

OS denied the request for compensation for my wife and daughter claiming weather in VIE caused the cancellation. I investigated the manner and called "BS", to be continued.

Dear FTalkers,

Please help me understand if I'm missing anything:

• My wife was originally on flight OS860 connecting to OS93 with arrival time of 2:25PM to IAD on 9/3 in J.
• OS860 was cancelled and the Mrs was re-booked on AC83, connecting with AC8174 with scheduled arrival time of 20:32PM to IAD on 9/3.
• AC83 was delayed, which forced her to miss the connecting flight and spend the night in YUL. We arrived to IAD the day after on 9/4 at 3:44PM.

I contacted OS for compensation according to EU 261/2004 and was denied with the reason that the flight was cancelled due to weather. When I pressed for more information, I received "we are unable to comment further."
Now, here's why I don't think it was cancelled due to weather:

The day before (9/2) OE-LBD which was scheduled to operate VIE-TLV-VIE, was cancelled from VIE to TLV and was re-routed to TIA. Now, isn't it operational at this point? if the weather permitted flying, than the plane should've made it to TLV instead of TIA, but an operational decision was made, to re-route the plane to TIA.

https://cimg7.ibsrv.net/gimg/www.fly...e2894297a6.png

OE-LBD - Notice VIE-TLV cancelled and was re-routed to VIE-TIA

LY361 made it on time on Sep 3rd, 2018 with many other flights flying to Vienna, all within the same hour time frame of OS860, a clear indication that there was were no weather issues in VIE or TLV.Date

https://cimg0.ibsrv.net/gimg/www.fly...54803e1305.png

LY arrived on time

On September 3rd 2018, OS180, OS7052, OS920, OS424 and many more OS operated flights, arrived safely and on-time to VIE within the time frame of 8:55am to 9:10am local VIE time, same scheduled arrival time of OS860.

All scheduled arrivals to VIE within the time-frame of 8:55am (VIE local time) , but OS860 arrived ON-TIME, including various OS operated flights, such as: OS 7112, OS 568, OS 332, OS 920, OS 98, OS 760 and more. Clearly there was no weather issues in VIE preventing OS from operating, because they did operate:
https://cimg7.ibsrv.net/gimg/www.fly...4b59468e7a.png

VIE Arrivals 03/09


There were no weather issues in TLV as well:

https://cimg6.ibsrv.net/gimg/www.fly...67963a42ee.png

TLV Departures 03/09


Thoughts? Do I have a case or am I missing something big that they see?

Weather would not even exempt them - it is a scam they are pulling..... to get you to move on!
You are due the money!

Do tell, why would weather not exempt them?
What would you say my options are at this point? I filed a complaint via www.apf.gv.at

Extraordinary circumstance are only extraordinary, if they happen quite seldomly.
Snow in Helsinki in the winter or a thunderstorm in Singapore are weather, but not extraordinary.

What was the outcome of your EC261 Claim
 

So what was the final outcome of your EC261 Claim for your wife and daughter ? Also, I am flying on paid OS Business from IAD-VIE. Still no seat assignment. How are seats 7 on the window ? Any other advice about OS Business ?

How quick is OS to respond to and pay EU 261 claims?

Also, if I have 2 flights on the same record (i.e. one from the U.S. to VIE, and one from VIE abroad) both of which are canceled and subsequently rebooked to a new flight 3+ hours later, am I entitled to EU 261 compensation on 1 flight or both? Thanks!

I can't speak to the second part, but I can say that it took around 8-9 weeks for OS to respond to my EU 261 claim I sent back at the beginning of June. I am sure that the wait times have only gotten worse since then due to the horrendous summer season filled with problems.

If it's a single itinerary, only the arrival time at the final destination matters. No double-dipping.

Thank you.

Yes, single itinerary. Thanks!

I am still waiting for reply on a request from July 4th. I got two emails about how they are sorry they are experiencing a high processing time, but the last of those was at beginnning of August and nothing but silence since.

I'm in the exact same situation. Just wondering if we'll ever hear back, and if they are just trying to pull one off. In the first months, at least they would send emails saying sorry for the delay, but we are still processing. Now they completely stopped updating whatsoever. Is there any other way to check on the status of these claims? Or file another claim via actual letter and mail it to their address? I'm not willing to let this go, as I spent enough money on my interrupted flight unplanned stay in Vienna!!

I never got a reply from OS so I involved APF: https://www.apf.gv.at/en/passenger-c...nts-plane.html

Took a couple of more weeks, but they were able to wrangle a response from OS. Unfortunately for me, APF is satisfied that OS has shown evidence of an extraordinary circumstance; I am skeptical but will accept. APF also arranged for cost reimbursement.

Funny enough, after contacting APF and starting the procedure, in my desperation, I was so mad that I tweeted at Austrian being the worst company in the world. LOL. Got a PM within few hours, with questions about my case. After going back and forth, Austrian assured me the case has been forwarded to the responsible department, and with urgency someone will reply to me. They finally did and it's in the works.
Here's my new question: it's stated that I'm owed 600EU, as this is long flight. Is this true? Does it mean they just have to hand me the 600eu? Or maybe this is 1200eu for 2pax? This was my understanding and I've heard from other people this is what happens. In my case, Austrian now is requiring to submit to them every nickel and dime I spent while delayed, with receipts, saying they will only reimburse food and taxis. What about clothing? We were stranded for 2 days I hot summer with only the clothes we were wearing. What happened to the 600eu? I'm just puzzled again. Does it have to do with someone being a EU citizen, or not?
TIA for your time reading this :)

There are two things under EU261: one is the compensation for significant delays/cancellations the other the duty of care (ie reimburse costs for food & lodging incurred during the delay).

If the luggage was delayed at the destination they are liable for costs created due to the delayed luggage. There they usually pay for essential items (toilettries etc) and cost of clothing (50% if you plan to keep the purchased item).

It is 600 Euro per passenger (for itineraries more than 3500 km). As stated above this compensation is different from reimbursement of expenses incurred. If you want OS to reimburse hotel and meals (in addition to 600 EUR per passenger) you need to submit receipts as documentation that you actually incurred expenses. That is only fair and reasonable. EU Reg. 261/04 doesn't cover clothes.

As for any clothes or toiletries that you purchased whilst waiting for the lugagge to arrive, normally you submit such expenses to your travel insurance for easy reimbursement. If no travel insurance you can submit to OS but it will take much longer and OS will most likely only agree to reimburse 50% based on the assumption that you will keep using the clothes etc that you purchased. In principle, you would have to hand over the purchased clothes and toiletries to OS in order to be compensated 100%.

Thank you for all the replies!! I'm just sharing this, it might help someone in the future.
First, I have no idea how they arrived at these amounts. It seems, this is not connected to EU261. So, if the flight delay is something other than weather, they are in the clear??
Yes, I submitted all receipts for my expenses, including clothing. I did not buy any toiletries. As it seems, this is all related to delayed luggage for 3 days. It's not clear what is what, as they said they have combined all the issues from this flight delay into one single case.
So, here's the reply I got from OS:>>>>>>Dear Ms. xxxx,
We regret to hear that you suffered a delay of our flight OS 88 and the subsequent misconnection. We apologize for any inconvenience caused. Our aim is to ensure that all our customers are able to enjoy a seamless and punctual journey and therefore we are sorry to hear that you were affected by misconnection between two flights.
We would like to inform you that the aforementioned flight was delayed by Air Traffic Flow Management restrictions (the reason that our company is not responsible for). Therefore, we kindly ask for your understanding that we are unable to offer any compensation for the flight irregularity.
Please note that our policy regarding “Baggage Irregularities” states that we reimburse 100% of expenses for cosmetic products and 50% for clothes taking into account the fact that the expenses should be reasonable concerning the duration of the baggage delay.
We are happy to offer you compensation of USD308 for interim expenses plus USD130 and USD158 for care costs. We will handle the payment via our account department. Please keep in mind that international money transfers can take up to 3 or 4 weeks.
Please note that since you have mentioned other additional expenses in your email, we are to inform you that we do not take liability for consequential costs. We cannot offer you compensation for them, because we are not responsible for such type of costs.
We would like to inform you that your recommendations were taken into consideration and all measures will be taken to improve the current status of the issue indicated in your email. We do hope to see you on board of an Austrian Airlines flight again soon. Accept our apologies once again. Wish you a good day!
Best regards
>>>>

Check here:https://europa.eu/youreurope/citizen...r/index_en.htm

FWIW - UA cancelled my AMS - EWR flight June 2021and booked me on the next flight 24 hours later. I wrote to them and they offered me 25,000 miles. I declined and reminded them of the EU rule (600 Euros) and requested compensation for hotel and food for the 24 hours. I received over $900.

Datapoint.
Had two OS flights less than three weeks ago. Recieved email on the flight day morning that first flight would be delayed 50 minutes due to the operational reasons.
Incoming flight arrived ahead of schedule. Contacted OS by phone and at the airport check-in counter to rebook but there were no same day availability on my chosen route.
Missed connecting flight in VIE. At the transit counter I chosed rebooking to other airline(not Star Alliance) and was asked would I go to lounge or they give me 15€ f&b voucher and also business card for EU261 claim contact detail. I chose OS lounge, did not care 15€ f&b voucher which OS should give me anyway and csr called to lounge to let them know that I am coming, used OS flight issued boarding pass to enter from the flight already departed. The new flight scheduled arriving time was 3h45 after originally booked, so EU261/2004 applied.
Made a claim a week after the flight. Received a case number 8 days after the claim. On 9th day, received an email that there is extraordinary high volume of incoming request and it takes time to response.
One day after recived an email asking my bank account details with note that a request for documents is no entitlement to compensation.
After the details were sent, got response in less than 30 minutes that claim was approved and forwarded to accounting department. Takes up to three weeks to get the compensation to the bank account.
Important note: I did not wrote my M&M account number to the claim form, so the procedure and speed should not affiliated with M&M status.