lotemblizej

Boarded IAD-BRU, had rolling mechanical delay (cargo hold damage) that sounded like they might cancel, so voluntarily left flight and rebooked onto IAD-FRA that got me to final destination (VIE) with 6 hour delay. IAD-BRU did go with 4 hour delay that would have gotten me to VIE with 7 hour delay. Am I entitled to EU 261 compensation or does my voluntary rebooking disqualify it? I really didn't want to arrive a day later if IAD BRU cancelled.

jsloan

That's not a voluntary rebooking, but EC.261 doesn't apply anyway. For a non-EU carrier, it only applies on flights from the EU. You may be able to get a customer service gesture from UA, but expect a fairly small ETC, not €600 cash.

lotemblizej

Thanks, I had forgotten that nuance. Good advice to try for customer service gesture.

mduell

But @lotemblizej is arriving 6-7 hours late on a community carrier with the final segment to VIE.

I thought the voluntary change would be an issue, but if it's not, why doesn't the delay in getting to the next stopover (noting the above) count?

threeoh

The regulation is so poorly written it's totally not clear how connections are supposed to be handled and that's been the root cause of so many of these (often conflicting) court decisions.

I'm sure from the airline's perspective:

LH (or whoever operated FRA-VIE) operated their flight on time, so they don't owe anything.

UA operated an ex-USA flight, so they aren't covered by the reg.

Lux Flyer

Because the itinerary and delay originated with a non-community carrier at a non-EU origin.

If the EU is going to say the EU origin of the line of flight (when the delay is only on the onward USA connection) is covered under EU261. It only makes sense that the opposite also has to be what is considered, which is the USA origin is the basis for determining if the line-of-flight is covered under EU261.

chrini1

On IAH-SCL.

cfischer

IAD-BRU does not quality. The voluntary re-booking does not matter here. Write to UA to get a CS gesture for the delay.

Seph87

Looking for some advice on the best way to pursue / expedite a UK 261 claim. I am looking to book travel relatively soon and it would be nice to use the ETC from this since I don't have much personal travel planned for the rest of the year after that.

For background, I was scheduled to fly on LHR-LAX on January 7th, which was canceled and rebooked to January 8th. We arrived about 18 hours after our original scheduled arrival. Seems like a slam dunk case.

The same day we arrived, Jan 8, I submitted a claim through United Customer Care. It's been 16 days and I haven't heard anything beyond the initial automated email response. The email says most cases should be reviewed within two weeks. I am wondering if it would be worthwhile to HUCA until I get someone who can move it along? Or will the phone agents not be able to do anything?

smartytravel

Can someone explain what the ruling C-561/20 United Airlines was all about? I thought that the domestic delays had already been included, as long as the trip originated in the EU?

Also, I was reading somewhere there this expanded coverage for code shares (when a flight on a US-based airline is marketed with an EU-code). Does this mean that flights to Europe are now also covered, for as long as they are on EU codes?

HNLbasedFlyer

Yes, that is the ruling - domestic delays are supposed to be included.

But - UA has to abide by the ruling which they might just ignore and if ignored the EU needs to take an enforcement action such as a fine and I'm not sure they have the appetite to do so (fear the US may retaliate in some way)

smartytravel

I see. Hadn't domestic flights already been covered PRIOR to the ruling? I am confused why this is even challenged by UA?

HNLbasedFlyer

I don't think any of the US airlines are paying out (or doing so consistently) for domestic delays. Yes, domestic delays were covered before the ruling - someone sued.

smartytravel

I see. Many years ago, one of my friends demanded that AA pays for a domestic delay from DFW to PHX. AA initially refused, but they eventually settled after hiring an online attorney.

Fully2k

Any update on your end? I'm about 21 days right now with no response on my claim.