Jul 18, 2019, 5:20 pm
Last edit by: Prospero
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
Best FT thread for referencing EC261/2004: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf
Where and how to address for EC 261 claims:
Link to article on Wikipedia: "The Flight Delay Compensation Regulation (EC) No 261/2004 is a regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005. It sets out the entitlements of air passengers when a flight that they intend to travel on is delayed or cancelled, or when they are denied boarding to such a flight due to overbooking, or when the airline is unable to accommodate them in the class they had booked." It applies to Member States and includes French overseas territories.
Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)
Link to EC 261/2004 text in several languages.
Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004
Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."
Link to contact details of EC 261/2004 enforcement bodies
Link to English language EC 261/2004 compliaint form PDF
Email for EC claims at (to determine)
Link to BAEC Forum lengthy EC261/2004 thread.
Link to thisismoney.co.uk article explaining EC261/2004.
Emirates told to pay out on missed connection claims, by Mark Caswell, Business Traveller, 19 Mar 2018
“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
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Best FT thread for referencing EC261/2004: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf
Where and how to address for EC 261 claims:
EC261/2004 claims should be lodged with the operating airline.
Go to the complaints page, select "Submit a complaint", and select "Delay" in the drop-down box.
Keep the comments to the bare minimum - stick to the facts, and best to use bullet points. Keep all commentary about anything other than the bald facts of the case out of the submission ("We were very upset and disappointed..." etc etc) and make no reference to any of the topics already explained to you in this thread to be of no relevance to the airline or to this claim ("We lost the first pre-paid night of our vacation as we had a non-refundable hotel booking" etc etc)
Attach scans/photographs of your boarding passes - the original boarding passes showing the original departure details, and the replacement boarding passes showing the later actual departure details - and include the original e-ticket receipt and any communications/emails/texts from the airline notifying you of the delay.
I would also advise you specifically write that you want the €600 per passenger in cash (transferred to your bank account) rather than a voucher to be used with TAP within 12 months of 50% greater value...unless this truly is your wish. I've explained above why it is generally a bad idea to accept a voucher in lieu of cash.
Go to the complaints page, select "Submit a complaint", and select "Delay" in the drop-down box.
Keep the comments to the bare minimum - stick to the facts, and best to use bullet points. Keep all commentary about anything other than the bald facts of the case out of the submission ("We were very upset and disappointed..." etc etc) and make no reference to any of the topics already explained to you in this thread to be of no relevance to the airline or to this claim ("We lost the first pre-paid night of our vacation as we had a non-refundable hotel booking" etc etc)
Attach scans/photographs of your boarding passes - the original boarding passes showing the original departure details, and the replacement boarding passes showing the later actual departure details - and include the original e-ticket receipt and any communications/emails/texts from the airline notifying you of the delay.
I would also advise you specifically write that you want the €600 per passenger in cash (transferred to your bank account) rather than a voucher to be used with TAP within 12 months of 50% greater value...unless this truly is your wish. I've explained above why it is generally a bad idea to accept a voucher in lieu of cash.
Code:
The regulation applies to any passenger: - departing from an airport located in the territory of a Member State to which the Treaty applies;
Code:
The protection accorded to passengers departing from or to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community.
Code:
- departing from an EU member state, or travelling to an EU member state - on an airline based in an EU member state if that person has: - a confirmed reservation on the flight, and - arrived in time for check-in as indicated on the ticket or communication from the airline airline, or, if no time is so indicated, no less than 45 minutes prior to the scheduled departure time of the flight or - have been transferred from the flight for which he/she held a reservation to some other flight unless - the passenger is travelling on a free or discounted ticket not available to the general public, other than a ticket obtained from a frequent flyer programme. It does not apply to helicopter flights, to any flight not operated by a fixed-wing aircraft, nor to flights from Gibraltar Airport.[1] (wikipedia)
Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)
Link to EC 261/2004 text in several languages.
Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004
Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."
Link to contact details of EC 261/2004 enforcement bodies
Link to English language EC 261/2004 compliaint form PDF
Email for EC claims at (to determine)
Link to BAEC Forum lengthy EC261/2004 thread.
Link to thisismoney.co.uk article explaining EC261/2004.
Emirates told to pay out on missed connection claims, by Mark Caswell, Business Traveller, 19 Mar 2018
“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
(lower right wiki corner)
GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP
Aug 12, 2019, 8:06 am
#121
Join Date: May 2004
Location: Toronto
Programs: SPG LT Plat, Hilton G,Priorty Club G, AC E
Posts: 2,979
Much thanks....
Yes. The Portuguese directorate of civil aviation, ANAC, is the enforcer of EC261 and related legislation, and the entity that deals with any complaints relating to civil aviation.
They used to handle EC261 claims efficiently, and chivvy TP into action. But i've no idea how diligently they perform their duties these days.
https://www.anac.pt/SiteCollectionDo...clamingles.pdf
This is a form they invite complainant to complete. The rest of their site seems to have lost its English version, but I guess Google can translate it for you.
They used to handle EC261 claims efficiently, and chivvy TP into action. But i've no idea how diligently they perform their duties these days.
https://www.anac.pt/SiteCollectionDo...clamingles.pdf
This is a form they invite complainant to complete. The rest of their site seems to have lost its English version, but I guess Google can translate it for you.
Aug 12, 2019, 10:05 pm
#122
Join Date: Oct 2004
Location: SVG
Posts: 1,172
Delayed to stopover destination
We recently flew SVG-CPH on SK, then the following route with TAP: CPH-LIS-OPO-EWR (and return)
We had a planned stopover in Porto of >24 hours (scheduled arrival 16:55, scheduled departure the next day at 18:05)
TP757 from CPH to LIS was slightly delayed so we missed our connection to TP1960 (LIS-OPO). As there was no availability on the next flight we were rebooked onto TP1966, which was subsequently delayed meaning we arrived into OPO 3,5 hours late.
Can we claim delay compensation under EU Regulation 261/2004?
If the stop in Porto was a layover (i.e. less than 24 hours) I think not - but since Porto was a destination I would think so.
If I am reading this correctly it indicates that Porto is a destination?
FARE CALCULATION: SVG SK X/CPH TP X/LIS TP OPO TP NYC404.57TP X/LIS TP X/CPH SK SVG (...)
We had a planned stopover in Porto of >24 hours (scheduled arrival 16:55, scheduled departure the next day at 18:05)
TP757 from CPH to LIS was slightly delayed so we missed our connection to TP1960 (LIS-OPO). As there was no availability on the next flight we were rebooked onto TP1966, which was subsequently delayed meaning we arrived into OPO 3,5 hours late.
Can we claim delay compensation under EU Regulation 261/2004?
If the stop in Porto was a layover (i.e. less than 24 hours) I think not - but since Porto was a destination I would think so.
If I am reading this correctly it indicates that Porto is a destination?
FARE CALCULATION: SVG SK X/CPH TP X/LIS TP OPO TP NYC404.57TP X/LIS TP X/CPH SK SVG (...)
Aug 17, 2019, 3:43 am
#124
FlyerTalk Evangelist
Join Date: Aug 2000
Location: London
Programs: Hilton, IHG - BA, GA, LH, QR, SV, TK
Posts: 17,008
Aug 19, 2019, 9:40 am
#125
Join Date: May 2004
Location: Toronto
Programs: SPG LT Plat, Hilton G,Priorty Club G, AC E
Posts: 2,979
I'm gonna wait for a full month after my initial claim...
...before I do that....but I will keep folks posted.
Sep 8, 2019, 11:28 pm
#126
Join Date: May 2002
Location: St Louis, MO
Programs: AA L.T. PLT
Posts: 3,276
Delayed flight and rights?
Currently I'm in LIS waiting for my TAP flight to CPH then on to ORD. So far there is a 2 3/4 hour delay to leave. I was scheduled for a 4 hr layover in CPH so I may still make my flight.
I have read / heard about EU rules regarding delays and missed flights.
1. Any compensation for delayed flight if I make my CPH flight?
2. Any compensation if I miss my CPH flight but they book me on another flight that gets me there in the same time frame?
3. What compensation is there if they really screw up and I arrive at ORD much later?
Thanks
I have read / heard about EU rules regarding delays and missed flights.
1. Any compensation for delayed flight if I make my CPH flight?
2. Any compensation if I miss my CPH flight but they book me on another flight that gets me there in the same time frame?
3. What compensation is there if they really screw up and I arrive at ORD much later?
Thanks
Sep 9, 2019, 12:26 am
#127
FlyerTalk Evangelist
Join Date: Apr 2001
Location: MEL CHC
Posts: 21,010
Currently I'm in LIS waiting for my TAP flight to CPH then on to ORD. So far there is a 2 3/4 hour delay to leave. I was scheduled for a 4 hr layover in CPH so I may still make my flight.
I have read / heard about EU rules regarding delays and missed flights.
1. Any compensation for delayed flight if I make my CPH flight?
2. Any compensation if I miss my CPH flight but they book me on another flight that gets me there in the same time frame?
3. What compensation is there if they really screw up and I arrive at ORD much later?
Thanks
I have read / heard about EU rules regarding delays and missed flights.
1. Any compensation for delayed flight if I make my CPH flight?
2. Any compensation if I miss my CPH flight but they book me on another flight that gets me there in the same time frame?
3. What compensation is there if they really screw up and I arrive at ORD much later?
Thanks
And depends on the reason for delay:- airline, weather, exceptional event or what ever. Duty of care always applies
Claim on the last airline
Many FT threads in EC261.
To me the BA thread is the most measured. Not the the USA airline forum legalise by bar room/ airport lounge wannabe lawyers
---->The 2019 BA compensation thread: Your guide to Regulation EC261/2004
TAP thread where this thread will probably get merged into--->GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP
Last edited by Mwenenzi; Sep 9, 2019 at 12:33 am
Sep 12, 2019, 8:36 am
#128
Join Date: May 2002
Location: St Louis, MO
Programs: AA L.T. PLT
Posts: 3,276
I'm happy to say I won't need to file a claim. We landed in CPH as my CPH-ORD flt was boarding. We landed in the A terminal and departure was from the C terminal. About as far part as it could get. We did the run through the airport thing and made it with about 20 minutes to spare. Surprisingly enough, our bags even made it.
Sep 12, 2019, 4:34 pm
#129
Join Date: Sep 2019
Posts: 1
Hi everyone. I have a claim which TAP has already accepted and is prepared to pay for, but it's for 2 family members. Even though I'm the one who paid for the tickets, they say they can only give me the compensation in currency if I have a signed document from both of them along with proof of ID. Interestingly, nothing of the sort is required if I take up their offer for the 150% voucher (which they offered straight away). Are they allowed to do so? Is there something I can do? One of the passengers is my elderly and deaf grandmother. I'd hate to have to drag her along to a notary next time I'm visiting just for this...
Sep 13, 2019, 9:42 am
#131
Join Date: Aug 2005
Programs: AC SEMM
Posts: 34
How long to hear from TAP re EC261 claim?
Hi everyone. I have a claim which TAP has already accepted and is prepared to pay for, but it's for 2 family members. Even though I'm the one who paid for the tickets, they say they can only give me the compensation in currency if I have a signed document from both of them along with proof of ID. Interestingly, nothing of the sort is required if I take up their offer for the 150% voucher (which they offered straight away). Are they allowed to do so? Is there something I can do? One of the passengers is my elderly and deaf grandmother. I'd hate to have to drag her along to a notary next time I'm visiting just for this...
Sep 17, 2019, 12:57 pm
#132
Join Date: Sep 2019
Posts: 1
I had a flight delay and then cancellation in July and am wondering if based on the scenario I am eligible for compensation:
The flight was JFK-LIS-FAO.
JFK to LIS was delayed 4 hours due to weather at JFK. We missed our connecting flight and were put on the next flight LIS-FAO.
This LIS-FAO flight was cancelled due to mechanical issues. We were then put on the next LIS-FAO flight.
We arrived in Faro 11 hours after our original flight was supposed to land and 6 hours after the cancelled flight (LIS-FAO) was supposed to land.
Are we due any compensation where the first leg delay was due to weather, we were rebooked on the second leg and that flight was cancelled not due to extraordinary circumstances?
The flight was JFK-LIS-FAO.
JFK to LIS was delayed 4 hours due to weather at JFK. We missed our connecting flight and were put on the next flight LIS-FAO.
This LIS-FAO flight was cancelled due to mechanical issues. We were then put on the next LIS-FAO flight.
We arrived in Faro 11 hours after our original flight was supposed to land and 6 hours after the cancelled flight (LIS-FAO) was supposed to land.
Are we due any compensation where the first leg delay was due to weather, we were rebooked on the second leg and that flight was cancelled not due to extraordinary circumstances?
Sep 18, 2019, 10:11 am
#133
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,825
You are due EUR 250 per person for the cancellation of the LIS-FAO flight (a type 1 flight under the EU reg.). Mechanical problems are not extraordinary circumstances.
The delay of the incoming flight from JFK has no bearing on your claim for the cancellation of LIS-FAO.
Write to TP CS and request compensation. Good luck!
The delay of the incoming flight from JFK has no bearing on your claim for the cancellation of LIS-FAO.
Write to TP CS and request compensation. Good luck!
Last edited by SK AAR; Sep 18, 2019 at 10:17 am
Sep 18, 2019, 12:47 pm
#134
Join Date: Jul 2013
Location: AMS/RTM
Posts: 2,827
No need for a notarized copy! Just make a copy of her passport and let her sign it with a signature matching that on the document.