Best Practices for Filing EC261/2004 ( EU 261 ) and UK 261 Claims Against United?
Feb 1, 2024, 3:01 pm
#346
Join Date: Sep 2014
Posts: 2,531
I'd file with Sky Cops or a similar company to get your compensation.
Feb 2, 2024, 9:33 pm
#347
Join Date: Apr 2008
Location: San Antonio - the nicest city in northern Mexico
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Posts: 886
Pleasantly surprised JAN2024
Originated DUB, at EWR mechanical caused misconnect in IAH, resulted in arriving at final destination ~4 hours later than originally scheduled. Only one prior instance of seeking EU261 compensation from UA several years ago (LHR delay caused misconnect and overnight stay at IAD) which was only resolved when using a third party agent who took it to court for a contingency. Thought I'd give it a shot anyway and lo and behold, after submitting request replete with PNR, ticket#, original schedule, times actually flown and pax names within a week or so had email from CS asking for address to which checks should be sent. Checks actually arrives about a week later. Huzzah!
Feb 19, 2024, 12:11 pm
#348
Join Date: May 2017
Posts: 11
I'm starting in India. I was supposed to go through frankfurt on luftansa/across the Atlantic but now going through the Pacific route with SQ and UA Polaris to SFO. It's two stops to MSP in either direction and the time is also almost the same given different layover times in both routes.
Thanks for all the insights. I'm going to take my chances with SQ/UA and hope I'm not unlucky twice.
Thanks for all the insights. I'm going to take my chances with SQ/UA and hope I'm not unlucky twice.
Feb 19, 2024, 3:29 pm
#349
FlyerTalk Evangelist
Join Date: Oct 2001
Location: Austin, TX
Posts: 21,350
Potentially, although some strikes are treated as uncontrollable events and therefore don’t result in compensation, and the fact that you’re contemplating HCT could make it more complicated too, as the compensation is based upon your delay to MIA.
Last edited by WineCountryUA; Feb 20, 2024 at 10:32 am Reason: split post
Feb 19, 2024, 10:20 pm
#350
Join Date: Apr 2017
Posts: 74
I was delayed recently from Africa to US, so I looked into this. My reading of the rulings on EU261 is that transits through EU don't count unfortunately, has to start/end in EU.
Feb 19, 2024, 11:49 pm
#351
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Join Date: Oct 2001
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Posts: 21,350
Feb 20, 2024, 6:09 am
#352
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Join Date: Aug 2005
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Posts: 31,962
That is correct. EC reg 261 (or UK reg 261) applies only when flying to or from (but not via) EU/UK/CH
Feb 20, 2024, 8:01 am
#353
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Join Date: Oct 2001
Location: Austin, TX
Posts: 21,350
1. This Regulation shall apply:
(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
Feb 20, 2024, 10:08 pm
#354
Join Date: Apr 2017
Posts: 74
https://www.lexology.com/library/det...b-93449f1d391f
According to the Court, a flight with one or more connections which is the subject of a single reservation constitutes a whole for the purposes of the right of passengers to compensation provided for in Regulation No 261/2004, and as such its applicability is to be assessed with regard to the place of a flight’s initial departure and the place of its final destination. Therefore, Article 3(1) of Regulation no. 261/2004 cannot be interpreted as meaning that a passenger on a connecting flight, whose initial place of departure and final destination are located in third countries, may avail himself of the provisions of that regulation only because one or more stops of that flight’s segments are located in the territory of the Union.
Feb 20, 2024, 10:35 pm
#355
FlyerTalk Evangelist
Join Date: Oct 2001
Location: Austin, TX
Posts: 21,350
That said, I’d probably try asking anyway, but if LH says no, I agree that precedent is on their side.
Feb 21, 2024, 12:16 am
#356
Join Date: Apr 2017
Posts: 74
Fair enough. I agree with your assessment. That is a wholly illogical reading of the law, consistent with some of the other wholly illogical readings of the law, so I suppose I shouldn’t be surprised that the ECJ finally found some case where airlines are immune, but it’s asinine that it’s this particular case. But, I guess you’re right — LH is off the hook and OP is not entitled to relief under EC.261.
That said, I’d probably try asking anyway, but if LH says no, I agree that precedent is on their side.
That said, I’d probably try asking anyway, but if LH says no, I agree that precedent is on their side.
Sure, you could get lucky and get a less-informed agent approve the claim
