EU Delayed Compensation Rule
Jun 22, 2012 | 2:59 pm
#1
Original Poster
Join Date: Mar 2004
Location: washington, dc, usa
Posts: 244
EU Delayed Compensation Rule
From UA customer support:
My understand of the rule is "The only possible stumbling block occurs when trying to define if a delay is or isn't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to extraordinary circumstances'. Basically, this covers unpreventable events such as extreme weather conditions, security risks and workers going on strike."
So if mechanical and crew delays don't qualify, weather doesn't qualify, strikes don't qualify, what does?
Thank you for your cooperation during the delay of both your flights from Washington to Paris on April 21, 2012, and return on April 26, 2012. We apologize for the frustration and inconvenience you experienced.
During the pre-flight check on flight 133 on April 21, a mechanical issue beyond our control impacted the operation of the aircraft originally scheduled for your flight, causing it to be delayed. I regret it took so long to get you on your way.
In regards to flight 132 on April 26, 2012, the delay was caused by a crew availability issue.
We recognize that how we respond to unplanned delays is vital in keeping your trust. I understand that our staff made announcements at the gate regarding the expected length of the delay. They also rebooked passengers on alternate flights to their final destinations.
We truly regret that your schedule was adversely affected. As all preventative routine maintenance actions were performed on the aircraft as scheduled, the delay could not have been reasonably predicted. Therefore, the delay was deemed force majeure and wholly outside of the control of the carrier.
Although, based on the above information, cash compensation is not applicable under European Regulation EC261 for either flight, we truly regret your travel plans were impacted. As a tangible gesture of our regret, we are sending you an email with an Electronic Travel Certificate, which you should receive within 48 to 72 hours. Please use the certificate toward the purchase of a future United flight for the passenger of your choice.
Your continued confidence in United to provide safe reliable transportation and exemplary customer service is essential to us. We appreciate your understanding and look forward to welcoming you on board a flight in the near future.
During the pre-flight check on flight 133 on April 21, a mechanical issue beyond our control impacted the operation of the aircraft originally scheduled for your flight, causing it to be delayed. I regret it took so long to get you on your way.
In regards to flight 132 on April 26, 2012, the delay was caused by a crew availability issue.
We recognize that how we respond to unplanned delays is vital in keeping your trust. I understand that our staff made announcements at the gate regarding the expected length of the delay. They also rebooked passengers on alternate flights to their final destinations.
We truly regret that your schedule was adversely affected. As all preventative routine maintenance actions were performed on the aircraft as scheduled, the delay could not have been reasonably predicted. Therefore, the delay was deemed force majeure and wholly outside of the control of the carrier.
Although, based on the above information, cash compensation is not applicable under European Regulation EC261 for either flight, we truly regret your travel plans were impacted. As a tangible gesture of our regret, we are sending you an email with an Electronic Travel Certificate, which you should receive within 48 to 72 hours. Please use the certificate toward the purchase of a future United flight for the passenger of your choice.
Your continued confidence in United to provide safe reliable transportation and exemplary customer service is essential to us. We appreciate your understanding and look forward to welcoming you on board a flight in the near future.
My understand of the rule is "The only possible stumbling block occurs when trying to define if a delay is or isn't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to extraordinary circumstances'. Basically, this covers unpreventable events such as extreme weather conditions, security risks and workers going on strike."
So if mechanical and crew delays don't qualify, weather doesn't qualify, strikes don't qualify, what does?
Jun 22, 2012 | 3:13 pm
#2
FlyerTalk Evangelist
Join Date: Nov 1999
Programs: FB PLT again afater a decade as plebian
Posts: 22,940
In your case, nothing as you have no standing. For flights from outside the E.U., the flight must be headed to the E.U. on an E.U. carrier which UA isn't. If the flight was the other way, you would have some standing.
Jun 22, 2012 | 3:23 pm
#3
Suspended
Join Date: Nov 1999
Posts: 24,150
1stly your IAD-CDG flight doesnt qualify since it was a flight on a non EU Carrier to the EU from outside the EU
that leaves your return, since it seems to have been a crew issue, the only crew issue that I think UA would be responsible for is if the plane needed say 6 FAs and UA ordered only say 4 or 5 . But if a crew member gets sick and cant work or if the crew are illegal due lets say to their Inbound having been very delayed due to weather I dont see why a Carrier should be held liable
What will trigger $$$ a friend of mines daughter was FIMed from LH to LX then over to KL and in the end they messed up the res and after arriving @ AMS had to wait some 4+ hrs till they were able to confirm her on a flight to NY. they gave her 600 euro I believe or it might have been $600 worth of euro. From what I hear EU carriers do pay out the money when they are in the wrong.
that leaves your return, since it seems to have been a crew issue, the only crew issue that I think UA would be responsible for is if the plane needed say 6 FAs and UA ordered only say 4 or 5 . But if a crew member gets sick and cant work or if the crew are illegal due lets say to their Inbound having been very delayed due to weather I dont see why a Carrier should be held liable
What will trigger $$$ a friend of mines daughter was FIMed from LH to LX then over to KL and in the end they messed up the res and after arriving @ AMS had to wait some 4+ hrs till they were able to confirm her on a flight to NY. they gave her 600 euro I believe or it might have been $600 worth of euro. From what I hear EU carriers do pay out the money when they are in the wrong.
Jun 22, 2012 | 4:30 pm
#6
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