ec261 compensation on Aeroflot?

Old Dec 26, 18, 12:41 pm
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ec261 compensation on Aeroflot?

Hi all, posting this for my 2 friends stuck in Moscow. Is EC 261 valid for flights departing from EU with a connection in Moscow and final destination outside EU? My 2 friends were meant to fly in separately from AMS and FCO, meet in DME and then continue on their journey to outside the EU together. Both their planes into DME were delayed (due to air traffic delays I believe) which meant that Aeroflot transferred FCO friend's ticket to next day. This is even though that when they both got the their gate in DME less than 20 mins before departure, people were still boarding. Question 1: is EC 261 compensation applicable here?
Secondly, AMS friend asked to transfer their ticket to same flight as FCO so both could travel together. The person at the gate gave them verbal confirmation. However, at the transfer ticket office, Aeroflot told them AMS friend should have been on the flight, and will now have to pay for own onward ticket. Question 2: can AMS friend still get EC 261 if they prove they had verbal confirmation from Aeroflot to transferring their ticket to next day?

Mods: If this should be on another thread, please let me know!
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Old Dec 26, 18, 3:04 pm
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Generally speaking, if the delay was caused by air traffic control delays, it is not applicable for compensation under EU261.
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Old Dec 26, 18, 3:22 pm
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Duty of care might apply. Did SU pay for a hotel room near Moscow? Transportation between airport and hotel? Meals during the delay?
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Old Dec 26, 18, 3:34 pm
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Generally speaking EC 261/2004 may apply here, but if your question relates to compensation for either delay or denial of boarding, the answer is almost certainly no. Presuming that the first passenger was connecting on a single ticket (not transferring between two tickets), EC 261/2004 will apply as his original departure was from the EU. However, ATC is generally considered an "extraordinary circumstance" and that means no delay compensation. There is no legal support for denial of boarding compensation for departures taking place outside the EU and you have not provided the gate deadline (which would have been printed on the boarding pass). However, the Regulation does provide for a "duty of care" and thus, SU should provide him with hotel and meal vouchers (or he may attempt to claim these back after his return).

As to the second passenger, EC 261/2004 does not apply at all. He apparently landed in time to make the onwards flight but relied on a gate agent's oral statement that the ticket was flexible. The answer here depends on the fare rules which your friend would know. If the ticket was flexible, then it should have been changed by SU with or without a fee. If it was not, then it was not. Your friend's contract with SU makes it clear that agents may not change the fare rules. In any event, EC 261/2004 has no application as to delay, denial of boarding or duty of care (all presuming that somehow your friend did not even attempt to board his ticketed flight).
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Old Dec 27, 18, 8:05 am
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Thanks guys, did pass this on to my friends. My FCO friend did get his hotel covered by the airline but AMS friend had to buy a new ticket. I was pretty sure that the airline wouldn't be liable for the new ticket but I'm glad I checked with you experts. I just can't believe that the gate agent actually confirmed that he'd transferred the ticket (apparently, he took the passport, made a few calls, then informed them that it was changed and they had to go to the transfer ticket office to pick up the new ticket)!
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Old Dec 27, 18, 8:21 am
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Originally Posted by bexbexbex View Post
Thanks guys, did pass this on to my friends. My FCO friend did get his hotel covered by the airline but AMS friend had to buy a new ticket. I was pretty sure that the airline wouldn't be liable for the new ticket but I'm glad I checked with you experts. I just can't believe that the gate agent actually confirmed that he'd transferred the ticket (apparently, he took the passport, made a few calls, then informed them that it was changed and they had to go to the transfer ticket office to pick up the new ticket)!
Unfortunately the lesson learned is to never walk away from agent until you either have a printed document or something shows up on email or an app.

Your friend might try a concise note to SU focusing on the fact that he asked, the agent told him it was done, and that he could pick up the new boarding pass at the transfer desk.
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Old Dec 27, 18, 9:36 pm
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Are you positive your friends were flying SU? I don't think Aeroflot has any operations at DME. Or did you mean SVO? Or S7?
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Old Dec 28, 18, 5:23 am
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Originally Posted by luitje View Post
Are you positive your friends were flying SU? I don't think Aeroflot has any operations at DME. Or did you mean SVO? Or S7?
Yes they definitely flew Aeroflot, I probably got the airports mixed up.
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Old Jan 4, 19, 4:43 am
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In case anyone's interested, the plot thickens....my AMS friend got a mail from Aeroflot today for the return journey back to AMS, saying they can now check-in. Managed to check-in and get a boarding pass, which shouldn't even be possible since they missed their leg departing from Moscow! However, on calling Aeroflot, the airline said the passenger might not be able to board since they had missed their 2nd leg. But once you have a boarding pass, you're set right?
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Old Jan 4, 19, 9:51 pm
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Originally Posted by bexbexbex View Post
In case anyone's interested, the plot thickens....my AMS friend got a mail from Aeroflot today for the return journey back to AMS, saying they can now check-in. Managed to check-in and get a boarding pass, which shouldn't even be possible since they missed their leg departing from Moscow! However, on calling Aeroflot, the airline said the passenger might not be able to board since they had missed their 2nd leg. But once you have a boarding pass, you're set right?
So, did it work?
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