Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > United Airlines | MileagePlus
Reload this Page >

Best Practices for Filing EC261/2004 ( EU 261 ) and UK 261 Claims Against United?

Community
Wiki Posts
Search
Old Aug 23, 2014, 7:38 am
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: WineCountryUA
UA's Notice of your rights for flights departing the European Union and the United Kingdom in the event of a flight delay or cancellation or denied boarding - ENGLISH 2022-01-10
Notice for Flights Departing European Union | United Airlines

This information is created according to Regulation EC 261/2004 of the European Parliament and of the Council of the European Union.

Link to Regulation: http://eur-lex.europa.eu/resource.ht...C_1&format=PDF

It applies to flights departing from an airport in the EU (and Norway) and flights operated by an EU-based air carrier departing from an airport in a third country to an airport in the EU.

If you have booked several connecting flights as one single journey that means within the same booking the distance is from the start to the last destination indicated on your ticket where the delay or cancellation has time-related consequences for you. If you are travelling on several separate tickets, which have been booked individually, these rules apply only up until the final destination of each ticket.

All of the following conditions must apply to the situations referred to below:
  • <Airline> must be the operating carrier of the flight.
  • You must have a confirmed reservation on a flight we operate.
  • You must be fully checked-in at the time indicated or, if no time is indicated, not later than 45 minutes before the time of departure.
  • You must be travelling on a fare available directly or indirectly to the public, or on a ticket issued under a frequent flyer program.


1. In the event of a delay as listed below...a) If the flight is delayed for two hours or more in the case or flights of 1,500 kilometers or less.

b) If the flight is delayed for three hours or more in the case of intra-EU flights of more than 1,500 kilometers.

c) If the flight is delayed for three hours or more in the case of other flights between 1,500 and 3,500 kilometers.

d) If the flight is delayed for four hours or more in the case of all flights not falling under a), b) and c).

...then operating carrier must provide the following assistance free of charge:

Meals and refreshments in a reasonable relation to the waiting time

Two telephone calls or e-mails

Hotel accommodation and transport between the airport and place of accommodation (These are offered if you must wait at least one night after the scheduled time of departure and are subject to local availability.)

Reimbursement of tickets (If the delay is at least five hours and you decide not to travel, reimbursement within seven days of the cost of your ticket for the part or parts of the journey not made. One is also reimbursed for the part or parts of your journey already made that no longer serve any purpose in relation to your original travel plan. When relevant, the airline can also provide reimbursement for a return flight to the first point of departure at the earliest opportunity.)

Compensation in case of delays of 3 hours or more (see :-: section below)

2. In the event of a cancelled flight you can choose the following: Canceling the journey and receiving reimbursement for tickets (The operating carrier must provide reimbursement within seven days of the full cost of the ticket for the part or parts of the journey not made. They must also reimburse you for the part or parts of your journey already made that no longer serve any purpose in relation to your original travel plan. When relevant, they can also provide reimbursement for a return flight to the first point of departure at the earliest opportunity.)

Re-routed, under comparable transport conditions, to your final destination (The operating carrier can offer to reroute to your final destination at the earliest opportunity or at a later date that suits you, depending on seat availability.)

Meals and refreshments in a reasonable relation to the waiting time

Two telephone calls or e-mails

Hotel accommodation and transport between the airport and place of accommodation (These are offered if you must wait at least one night after the scheduled time of departure and are subject to local availability.)

:-: Compensation in case of cancellations and delays of 3 hours or more:
  • 250* for all flights less than 1,500km
  • 400* for all intra-EU flights more than 1,500km
  • 400* for all other flights between 1,500 and 3,500km
  • 600* for all flights not falling under the conditions as listed above

:-: *The compensation described above is sometimes reduced by in court if the following conditions are met:
  • If you arrive within two (2) hours after your original arrival time for flights 1,500km or less then 125.is due
  • If you arrive within three (3) hours after your original arrival time for intra-EU flights greater than 1,500km then 200 is due.
  • If you arrive within three (3) hours after your original arrival time for all other flights between 1,500km - 3,500km then 200 is due.
  • If you arrive within four (4) hours after your original arrival time for all other flights not listed above then 300 is due.


3. You are not entitled to compensation in the following situations:If the cancellation or delay of 3 hours or more is caused by extraordinary circumstances such as:
  • extraordinary meteorological conditions
  • security risks
  • strikes affecting operations
  • political instability
ONLY if the airline can prove in court that there was no way to prevent the delay - which is very hard to do for the airline.
Delays of the INCOMING aircraft for ANY reason NEVER qualify as an exemption for compensation as per EU court rulings.

If you are informed of the cancellation at least 14 days before the time of departure

If you are informed of the cancellation between 7 and 14 days before the scheduled time of departure and are offered re-routing to your final destination, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival.

If you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing to your final destination, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.

4. Filing with UA
Go to https://www.united.com/en/us/customercare
Select Complaint, then select International Passenger Rights and then select appropriate jurisdiction


6-8 weeks response is common

Frequently Asked Questions
If I receive & take UA's "standard" delay compensation -- a choice of miles or ETC -- does this make me ineligible for EU261 compensation?

Generally no

The proper name is EC 261 / 2004 but is regularly called EU 261
Note after Brexit, the UK has UK 261

March 2020 COVID-19: European Commission provides guidance on EU passenger rights
Originally Posted by csycsycsy
... important cases that build upon the original eu261 law ...
The EU commission has a non chronological ver. updated 2022
https://transport.ec.europa.eu/docum...judgements.pdf

Some firm's version chronological 2020
https://www.dlapiper.com/-/media/fil...6B172271189488

If you need documentation of delay / cancellation for trip insurance or refunds from hotel / tour / .... operator, try this
Verification letters
Upon request, we can provide a statement of proof that a United flight was delayed or canceled. You may email your request to [email protected]. Be sure to include the names of all customers in your party, confirmation number, flight numbers and dates of travel, phone contact and the email address or mailing address where you would like it sent. Please allow 5-10 business days for processing.
Archive: Best Practices for Filing EU 261 Claims Against United? {Archive}
Print Wikipost

Best Practices for Filing EC261/2004 ( EU 261 ) and UK 261 Claims Against United?

Thread Tools
 
Search this Thread
 
Old Jun 9, 2025 | 5:45 pm
  #271  
FlyerTalk Evangelist
30 Countries Visited
2M
All eyes on you!
20 Years on Site
 
Join Date: Oct 2001
Location: Austin, TX
Posts: 25,647
Originally Posted by Starman
I'm guessing the $2500 is a management decision by PayPal on where they will cease service to a member if they don't have a SSN. Perhaps the $600 threshold is instead an IRS number, where the taxpayer becomes obligated to report income, regardless of whether they received a 1099.
No, the IRS number is $1.

The $600 vs $2500 thing came up under the Biden administration; as I recall, they lowered the threshold to $600, a bunch of people complained, and they paused implementation. I have no idea what the current state of the world is, but if you implicit suggestion is that UA wouldn't issue you a 1099-K, I agree.

I've never seen any suggestion that EC.261 jackpots are taxable. The analysis here https://viewfromthewing.com/denied-b...ation-taxable/ would apply to EC.261 as well.
SPN Lifer likes this.
jsloan is online now  
Old Jun 9, 2025 | 5:50 pm
  #272  
All eyes on you!
25 Years on Site
 
Join Date: Dec 1999
Location: NorCal - Platinum 2.6MM
Posts: 2,150
Originally Posted by jsloan
No, the IRS number is $1.

The $600 vs $2500 thing came up under the Biden administration; as I recall, they lowered the threshold to $600, a bunch of people complained, and they paused implementation. I have no idea what the current state of the world is, but if you implicit suggestion is that UA wouldn't issue you a 1099-K, I agree.

I've never seen any suggestion that EC.261 jackpots are taxable. The analysis here https://viewfromthewing.com/denied-b...ation-taxable/ would apply to EC.261 as well.
Again, we all agree EC261 compensation is not taxable. At least for me, that's not the issue. The issue is how to avoid certain 3rd parties like PayPal from issuing a 1099-K following some blind algorithm, because then the payment will require reconciliation by the traveler at tax time. (All this obviously applies only to US citizens).
I think the answer is, do not select PayPal.
jsloan, SPN Lifer and cfischer like this.

Last edited by Starman; Jun 9, 2025 at 7:49 pm
Starman is offline  
Old Jun 10, 2025 | 7:32 am
  #273  
Flyertalk Evangelist, Moderator: United Airlines MileagePlus
All eyes on you!
10 Years on Site
 
Join Date: Nov 2014
Location: MSP
Programs: DL DM, UA Nostalgist, Global Entry; +others wherever miles/points are found
Posts: 16,113
Originally Posted by jsloan
No, the IRS number is $1.

The $600 vs $2500 thing came up under the Biden administration; as I recall, they lowered the threshold to $600, a bunch of people complained, and they paused implementation. I have no idea what the current state of the world is, but if you implicit suggestion is that UA wouldn't issue you a 1099-K, I agree.

I've never seen any suggestion that EC.261 jackpots are taxable. The analysis here https://viewfromthewing.com/denied-b...ation-taxable/ would apply to EC.261 as well.
The legal threshold for filing Form 1099-K was reduced from $20,000 and 200 transactions in a tax year to $600 with no transaction limit in the American Rescue Plan Act of 2021. Implementation of the new rule was stayed multiple times, and the IRS is currently waiving enforcement for amounts under $5,000 (2024) or $2,500 (2025) with plan for full implementation in 2026. The latest is in Notice 2024-85.

EC261 should be treated as a refund, which would be taxable only to the extent that it exceeds the costs for which you are being refunded.
Starman, jsloan, SPN Lifer and 1 others like this.
findark is offline  
Old Jun 17, 2025 | 6:48 pm
  #274  
20 Countries Visited
500k
100 Nights
5 Years on Site
 
Join Date: Aug 2019
Programs: AA Executive Platinum, Hyatt Globalist, BonVoy Titanium, IHG Diamond, Hilton Diamond, RR VIP
Posts: 1,027
Hi all, trying to help a friend, and I hope this is the right place and I am not asking wrong. I thought she and her three family members were entitled to EU261, and UA is claiming "extraordinary circumstances." Facts (all on one ticket, with a connection, but same journey single PNR originating in the EU):
  • All flights were last Saturday 14 June
  • Originally booked flights on their boarding passes (she saved copies): UA125 ATH-EWR connecting to UA 2238 EWR-LAX
  • Due to late incoming from EWR (surprise and shock filled the board!), they began with a delay of ~3 hours by the time they landed in EWR, so they had to be rebooked because point 2238 was scheduled for 16:50 and the official landing time of 125 was 16:34.(This was rebooked in ATH because UA knew the connection was not possible no matter how much time was made up).
  • They were scheduled, then, with the original booking, to arrive at their final destination (LAX) at 20:00, but due to the delay of 125, they arrived 23:22, exceeding the distance, time, and origin for EU261 claims for at least 3 hours.
  • I will double check the last part, but I don't believe they were provided even a meal voucher. This is my friend, her two minor (teenage) children, and her 77-year old mother.
Originally all I could find was that it was a "mechanical issue" (not WX or the infamous EWR ATC). But she sent in her request and UA said:

"According to our records, the aircraft scheduled for this flight incurred environmental damage en route to your location. To determine the extent of any damage, the plane must pass a safety inspection mandated by the Department of Transportation (DOT) and the Federal Aviation Administration (FAA).
"We noted your request for monetary compensation under Regulation EC 261/2004 (EU261). However, compensation is not applicable under EU261 for flight delays caused by extraordinary circumstances that could not have been reasonably predicted or avoided, and we must decline your request."I've been fortunate not to need a claim in my trips, but last year I helps some friends who had no idea they had a right to a claim from the DL meltdown when they got stuck at AMS. DL paid up. If UA doesn't owe them, fine. But I thought I read that even if it's an exception the airline has to show it, not just pop off a form letter.

Apologies if I am not educated enough here. I know a lot about some things, but this has not happened to me, and I have read that UA is not always great with this stuff, but people love to gripe, so who knows?
travelingdrsuz is offline  
Old Jun 17, 2025 | 6:54 pm
  #275  
5M
100 Nights
200 Countries Visited
20 Years on Site
 
Join Date: Mar 2003
Location: anywhere and everywhere
Programs: United Nations 193, UA GS, AS MVP 100K, DL Diamond, Marriot Lifetime Titanium, AmEx Centurion
Posts: 6,348
Originally Posted by travelingdrsuz
l
"According to our records, the aircraft scheduled for this flight incurred environmental damage en route to your location. To determine the extent of any damage, the plane must pass a safety inspection mandated by the Department of Transportation (DOT) and the Federal Aviatio []
wrong thread and mods will move but:

sounds like UA is claiming weather based on some sorts of incident light a lightening strike or such to the aircraft. Your friend could demand more details but suspect UA is gonna dig in on this one. Long story short: if they suspect damage to aircraft due to weather its not eligible since that would be out of UAs control. If it were me I would ask for more details on this incident before I pursue legal channels.
ironmanjt is offline  
Old Jun 17, 2025 | 7:43 pm
  #276  
20 Countries Visited
500k
100 Nights
5 Years on Site
 
Join Date: Aug 2019
Programs: AA Executive Platinum, Hyatt Globalist, BonVoy Titanium, IHG Diamond, Hilton Diamond, RR VIP
Posts: 1,027
Originally Posted by ironmanjt
wrong thread and mods will move but:

sounds like UA is claiming weather based on some sorts of incident light a lightening strike or such to the aircraft. Your friend could demand more details but suspect UA is gonna dig in on this one. Long story short: if they suspect damage to aircraft due to weather its not eligible since that would be out of UAs control. If it were me I would ask for more details on this incident before I pursue legal channels.
Thanks. Mods did move because I was clueless. But I wanted also to know official reason for UA's delay because I read maintenance, but then it "vanished"? That is why it seems suspect. She has status with UA and they are not even offering token miles. Not that that would be good enough. Just seems cold to me. But Duty of Care applies no matter what. Not sure if it would mean a meal she/ they all would have missed or what, but I am unimpressed.

Can anyone look up the reason? Or tell me how? Again, sorry for ignorance, just trying to help. I am oneworld and for all AA's flaws, when I ask why for a delay, they answer me--even when it is on them.
travelingdrsuz is offline  
Old Jun 17, 2025 | 7:50 pm
  #277  
5M
100 Nights
200 Countries Visited
20 Years on Site
 
Join Date: Mar 2003
Location: anywhere and everywhere
Programs: United Nations 193, UA GS, AS MVP 100K, DL Diamond, Marriot Lifetime Titanium, AmEx Centurion
Posts: 6,348
Originally Posted by travelingdrsuz
Can anyone look up the reason? Or tell me how? Again, sorry for ignorance, just trying to help. I am oneworld and for all AA's flaws, when I ask why for a delay, they answer me--even when it is on them.
Your post is very emotional and filled with assumptions UA is up to mischief. Suggest than when you approach them you do so in a factual way without accusations as that is a sure way for them to shut down.

UA didnt remove anything. All flight statuses more than 48 hours old dont display so your case isnt unique. Good luck - Im not aware of a public source for past date info.
DiamondMile likes this.
ironmanjt is offline  
Old Jun 17, 2025 | 8:37 pm
  #278  
Moderator: United Airlines
2M
Community Builder
Active Streak: 30 Days
15 Years on Site
 
Join Date: Jun 2007
Location: SFO
Programs: UA LT Plat 2MM, Hyatt Discoverist, Marriott LT Gold, Hilton Silver, IHG Plat
Posts: 73,032
Originally Posted by travelingdrsuz
...
Can anyone look up the reason? Or tell me how? Again, sorry for ignorance, just trying to help. I am oneworld and for all AA's flaws, when I ask why for a delay, they answer me--even when it is on them.
It appears your friend got an answer from UA, what more do you want at this time? Is it that you don't believe (or disagree) with the provided explanation?
If you feel what was provided is not a valid reason, then claim EC261 via the website. If denied, then try one of the ambulance chasers.
As for compensation, generally UA does not provide compensation for 3-4 hour delays for any status level.
WineCountryUA is offline  
Old Jun 17, 2025 | 8:41 pm
  #279  
20 Countries Visited
500k
100 Nights
5 Years on Site
 
Join Date: Aug 2019
Programs: AA Executive Platinum, Hyatt Globalist, BonVoy Titanium, IHG Diamond, Hilton Diamond, RR VIP
Posts: 1,027
Wow. Okay, then. My friend is upset and I looked up info to help her. So because I said what I found in two UA forums (not here) was all I knew and admitted ignorance, it's emotional and full of flaws. Methinks the UA flyer doth protest too much. I am trying to get info. I found it for the other friend on DL easily. AA offers it to me. UA does not have it accessible. Those are facts. So I came here and get this. Okay. I will simply tell her I cannot help.

If I insulted, offended, etc. anyone else, I absolutely and sincerely apologize. (No sarcasm.)

Last edited by WineCountryUA; Jun 18, 2025 at 7:07 am Reason: Let's stick to the issue
travelingdrsuz is offline  
Old Jun 17, 2025 | 8:59 pm
  #280  
Moderator: United Airlines
2M
Community Builder
Active Streak: 30 Days
15 Years on Site
 
Join Date: Jun 2007
Location: SFO
Programs: UA LT Plat 2MM, Hyatt Discoverist, Marriott LT Gold, Hilton Silver, IHG Plat
Posts: 73,032
Originally Posted by travelingdrsuz
....I am trying to get info. I found it for the other friend on DL easily. AA offers it to me. UA does not have it accessible. ....
Not sure what information you are looking for.
-- UA has provided their reason for denial
-- UA provides on their website Notice of your rights for flights departing the European Union and the United Kingdom in the event of a flight delay or cancellation or denied boarding. A printed copy is also provided to customers at gateways when there are delays / cancellations.
-- This thread's wiki provides a step-by-step walk-through of the United website on how to make a claim.

What else can we help you with? That is what we are here to do.
ironmanjt and DiamondMile like this.
WineCountryUA is offline  
Old Jun 18, 2025 | 2:20 am
  #281  
FlyerTalk Evangelist
30 Countries Visited
2M
All eyes on you!
20 Years on Site
 
Join Date: Oct 2001
Location: Austin, TX
Posts: 25,647
Originally Posted by travelingdrsuz
If UA doesn't owe them, fine. But I thought I read that even if it's an exception the airline has to show it, not just pop off a form letter.
I'm not sure what the difference is between the proof you'd find acceptable and a form letter to explain their findings. Your friend hasn't taken them to court.

ECJ judges seem to enjoy giving out EC.261 jackpots like candy, so your friend is welcome to try her luck. As WineCountryUA suggested, there are numerous European law firms who will accept any case that they think has merit in exchange for a percentage of the fees recovered. If the bird strike (or whatever damaged the plane) happened en route to Athens, I suspect even the ECJ would find that to be extraordinary circumstances. If the inspection happened in EWR, you might get one of the judges who believe that airlines should have an infinite supply of backup crews and planes parked at every outstation.

You're correct about a duty of care being due in any circumstance, but I can't imagine that winds up being more than the cost of one meal each.
SPN Lifer and DiamondMile like this.
jsloan is online now  
Old Jun 18, 2025 | 8:45 am
  #282  
Flyertalk Evangelist, Moderator: United Airlines MileagePlus
All eyes on you!
10 Years on Site
 
Join Date: Nov 2014
Location: MSP
Programs: DL DM, UA Nostalgist, Global Entry; +others wherever miles/points are found
Posts: 16,113
Originally Posted by travelingdrsuz
Originally all I could find was that it was a "mechanical issue" (not WX or the infamous EWR ATC). But she sent in her request and UA said:

"According to our records, the aircraft scheduled for this flight incurred environmental damage en route to your location. To determine the extent of any damage, the plane must pass a safety inspection mandated by the Department of Transportation (DOT) and the Federal Aviation Administration (FAA).
"We noted your request for monetary compensation under Regulation EC 261/2004 (EU261). However, compensation is not applicable under EU261 for flight delays caused by extraordinary circumstances that could not have been reasonably predicted or avoided, and we must decline your request."

I've been fortunate not to need a claim in my trips, but last year I helps some friends who had no idea they had a right to a claim from the DL meltdown when they got stuck at AMS. DL paid up. If UA doesn't owe them, fine. But I thought I read that even if it's an exception the airline has to show it, not just pop off a form letter.
UA is pretty clear in their position that the delay was due to extraordinary circumstances within the meaning of EC261. This excuse seems somewhat tenuous to me, and not clear what "environmental damage" would be, but I'm not up on recent interpretations of the law.

Your options would be to appeal to higher authority at UA by pushing harder, or pursuing civil action in Greek court. There are European law firms with websites that will look over claims and pursue them on contingency.
findark is offline  
Old Jun 24, 2025 | 5:16 pm
  #283  
All eyes on you!
20 Years on Site
 
Join Date: Feb 2004
Location: Doylestown, PA, USA
Programs: UA 1k Marriott Titanium
Posts: 565
UA31 MUC-EWR June 8th

Hi all.

cant figure this one out. My experience is that United generally just doesnt BS when its a clear case.

they are digging in their heels on this one

the aircraft for the pre outbound (EWR-MUC flight 30) aircraft arrived in Newark on time on the 7th. Then when UA30 departed on 7 June seems like it left the gate on time and either returned to the gate or sat on the tarmac for like 4 hours. Not really sure what happened. There was no weather no other flights departed late.

anyway UA30 arrived in Munich 5 hours late

The flight in question is Mrs YTJK on the return flight (UA31) on the 8th. 5:15 late coming back. Filed the claim. United says weather. It wasnt weather- everything else leaving the USA night of the 7th was on time- and everything leaving EMEA was on time on the 8th.

basically. UA 30 got delayed in EWR on the 7th for who knows what (clearly not weather). Inbound was late to Munich. And then late on the return

UA has declined this with no reason given (they didnt substantiate the BS weather claim when gently pushed back on).

whats the next step?? File with Germany or just AirHelp it?? I think this is an easy win for them?

thanks
YTJK
ytjk is offline  
Old Jun 24, 2025 | 7:30 pm
  #284  
Moderator: United Airlines
2M
Community Builder
Active Streak: 30 Days
15 Years on Site
 
Join Date: Jun 2007
Location: SFO
Programs: UA LT Plat 2MM, Hyatt Discoverist, Marriott LT Gold, Hilton Silver, IHG Plat
Posts: 73,032
Originally Posted by ytjk
....
basically. UA 30 got delayed in EWR on the 7th for who knows what (clearly not weather). Inbound was late to Munich. And then late on the return
.....
Not sure the basis for that statement but EWR got 0.6 inch of rain in the afternoon of 7 June 2025 as well as high winds and low visibility
DiamondMile likes this.
WineCountryUA is offline  
Old Jun 25, 2025 | 5:27 am
  #285  
All eyes on you!
20 Years on Site
 
Join Date: Feb 2004
Location: Doylestown, PA, USA
Programs: UA 1k Marriott Titanium
Posts: 565
Originally Posted by WineCountryUA
Not sure the basis for that statement but EWR got 0.6 inch of rain in the afternoon of 7 June 2025 as well as high winds and low visibility
yeah but the inbound (to EWR) was on time and all other departures to EMEA were on time. Like - in general stuff wasnt delayed that day. They showed UA 30 (EWR-MUC) departed the gate on time and didnt take off for 5 hours.

that aint weather

Last thought and this is where I need some help. Even if for whatever reason they say UA30 ewr-muc was delayed by weather my understanding is delay of the inbound is never a valid excuse for United in a case like this.

Is that correct??

cause the actual flight in question UA31 there was no weather.

Thanks
YTJK

Last edited by WineCountryUA; Jun 25, 2025 at 8:25 am
ytjk is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.