Best Practices for Filing EU 261 Claims Against United?
Aug 4, 17, 2:57 pm
#92
Join Date: Oct 2015
Location: SAN
Programs: 1K (since 2008), *G (since 1990), 1MM
Posts: 2,947
So I have never really focused on this issue very much, but have had my fair share of delayed and cancelled flights with United over the years, of which quite a number are from Europe (and significantly more going to Europe but know these flights do not qualify for EU261). I got to thinking due to a LOT flight that was delayed and resulted in them needing to overnight me and LOT explained to me the time is based on when I reach my ultimate destination not the delay of the original flight and thus my claim should be for the highest amount since the next flight was not until the next day.
In January, UA delayed the flight leaving FRA (to SFO) due to mechanical. Due to the delay they moved me to the next SFO-SAN flight, even though I was there for the original flight. Does the delay in arriving in SAN more than three hours after the original arrival time qualify for EU261 since it was all one reservation from Europe?
In January, UA delayed the flight leaving FRA (to SFO) due to mechanical. Due to the delay they moved me to the next SFO-SAN flight, even though I was there for the original flight. Does the delay in arriving in SAN more than three hours after the original arrival time qualify for EU261 since it was all one reservation from Europe?
Aug 4, 17, 3:08 pm
#93
Join Date: Dec 2016
Location: San Fransisco, CA
Programs: UA 1K
Posts: 162
Wrote into customer care with the following last month:
Just got the following response (nearly a month later):
They've deposited 3,500 miles.
I believe I am due compensation under EU 261 for a delay of over three hours in reaching my final destination (ORD) from VCE on 2017-07-06. UA169 was delayed due to mechanical problems, resulting in a 3.5 hour delay in reaching my final destination (9:43PM actual vs 6:10PM scheduled). I believe I am due 300 euro compensation under EU 261 for a flight out of the EU of more than 3,500 km that led to me arriving at my destination more than 3 hours but less than 4 hours after I was scheduled to arrive.
We sincerely apologize for the inconvenience you experienced when your recent flight from Venice was delayed and you missed your connecting flight.
Prior to departure, an unexpected safety shortcoming beyond our control impacted the operation of the aircraft originally scheduled for your flight. I regret it took so long to resolve the issue and get you on your way. Although schedule reliability is a primary goal, we know you understand that the safety of our passengers and crew is our first priority.
Although cash compensation under Regulation EC261/2004 is not applicable in this case, we certainly recognize that your travel plans were adversely affected. In appreciation for your patience during this extraordinary delay, I have requested an additional deposit of bonus miles to your MileagePlus account. Please allow up to 3 days for processing.
We appreciate your business and loyalty as a Premier Gold MileagePlus member and look forward to welcoming you on board a future United flight.
Prior to departure, an unexpected safety shortcoming beyond our control impacted the operation of the aircraft originally scheduled for your flight. I regret it took so long to resolve the issue and get you on your way. Although schedule reliability is a primary goal, we know you understand that the safety of our passengers and crew is our first priority.
Although cash compensation under Regulation EC261/2004 is not applicable in this case, we certainly recognize that your travel plans were adversely affected. In appreciation for your patience during this extraordinary delay, I have requested an additional deposit of bonus miles to your MileagePlus account. Please allow up to 3 days for processing.
We appreciate your business and loyalty as a Premier Gold MileagePlus member and look forward to welcoming you on board a future United flight.
Aug 4, 17, 3:19 pm
#94
Join Date: Oct 2015
Location: SAN
Programs: 1K (since 2008), *G (since 1990), 1MM
Posts: 2,947
Originally Posted by segiddins
Wrote into customer care with the following last month:
Just got the following response (nearly a month later):
They've deposited 3,500 miles.
Just got the following response (nearly a month later):
They've deposited 3,500 miles.
Aug 4, 17, 5:03 pm
#95
Join Date: Dec 2016
Location: San Fransisco, CA
Programs: UA 1K
Posts: 162
Originally Posted by Aussienarelle
So I am guessing based on the response it is only the delay in arrival from Europe to the USA, and not the final destination in the USA.
Aug 4, 17, 5:42 pm
#96
Join Date: Oct 2015
Location: SAN
Programs: 1K (since 2008), *G (since 1990), 1MM
Posts: 2,947
Originally Posted by segiddins
It's my understanding that its the delay to the _final_ destination that matters for EU261, not the delay on the first flight if a connecting itinerary.
However, I think I was actually entitled to Euro 600 and they did not mention this to me.
Aug 4, 17, 5:49 pm
#97
FlyerTalk Evangelist
Join Date: Apr 2009
Location: Blair and Brown's Broken Britain
Programs: Lifetime Gold, Global Entry, Hertz PC, and my wallet
Posts: 19,653
They will never mention EU261 to you. The delay is based on your original scheduled arrival time at your final destination.
Aug 4, 17, 7:37 pm
#98
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Join Date: Apr 2013
Location: PHX/SFO
Programs: AA EXP; AS 75K; WN A List; UA 1K 1MM; Hyatt Globalist; Marriott AMB; Hilton Diamond (Aspire)
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Prior to departure, an unexpected safety shortcoming beyond our control impacted the operation of the aircraft originally scheduled for your flight.
Originally Posted by segiddins
They've deposited 3,500 miles.
Aug 4, 17, 8:36 pm
#99
Join Date: Jul 2013
Programs: DYKWIA, But I'm a "Diamond Guest" UA 1K/2MM
Posts: 2,126
Originally Posted by Kacee
That nonsense was expressly rejected in Sturgeon v. Condor. I'd right back, citing Sturgeon, and politely demand they pony up.
Aug 5, 17, 2:14 am
#100
Join Date: Oct 2015
Location: SAN
Programs: 1K (since 2008), *G (since 1990), 1MM
Posts: 2,947
Thank you to this thread tonight I have made the claim for the January 2017 flight.
Is there a time limit on how far back you can make claims? I had a cancelled LHR-IAN-SAN flight and they repaired the plane so we left the next day. This was a 2014 flight.
Is there a time limit on how far back you can make claims? I had a cancelled LHR-IAN-SAN flight and they repaired the plane so we left the next day. This was a 2014 flight.
Aug 5, 17, 10:18 am
#102
FlyerTalk Evangelist
Join Date: Apr 2009
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Originally Posted by Aussienarelle
Thank you to this thread tonight I have made the claim for the January 2017 flight.
Is there a time limit on how far back you can make claims? I had a cancelled LHR-IAN-SAN flight and they repaired the plane so we left the next day. This was a 2014 flight.
Is there a time limit on how far back you can make claims? I had a cancelled LHR-IAN-SAN flight and they repaired the plane so we left the next day. This was a 2014 flight.
Aug 5, 17, 4:46 pm
#103
Join Date: Jul 2008
Posts: 411
Originally Posted by segiddins
It's my understanding that its the delay to the _final_ destination that matters for EU261, not the delay on the first flight if a connecting itinerary.
There is a case which set things clear on that aspect.
It is Air France vs Folkerts case.
Aug 5, 17, 5:31 pm
#105
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Join Date: Apr 2013
Location: PHX/SFO
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Posts: 52,309
Originally Posted by LondonElite
Yes, just ensure that the original event is 'exceptional'
