FlyerTalk Forums - GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP

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:

Quote:

Originally Posted by irishguy28 (Post 31305371)

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.

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)

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)

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