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Best Practices for Filing EU 261 Claims Against United?

Best Practices for Filing EU 261 Claims Against United?

Old Jul 31, 17, 2:59 am
  #91  
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My guess would be denied boarding by SAS.
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Old Aug 4, 17, 2:57 pm
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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?
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Old Aug 4, 17, 3:08 pm
  #93  
 
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Wrote into customer care with the following last month:

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.
Just got the following response (nearly a month later):

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.
They've deposited 3,500 miles.
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Old Aug 4, 17, 3:19 pm
  #94  
 
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Originally Posted by segiddins View Post
Wrote into customer care with the following last month:



Just got the following response (nearly a month later):



They've deposited 3,500 miles.
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.
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Old Aug 4, 17, 5:03 pm
  #95  
 
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Originally Posted by Aussienarelle View Post
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.
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.
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Old Aug 4, 17, 5:42 pm
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Originally Posted by segiddins View Post
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.
Thank you. So I think then I have a claim as it was more than six hours later. I originally wrote in but it was about the fact they had given my first class seat away on the SFO-SAN leg, sat me in a coach seat and then removed me from the plane and I had to wait for the next flight. I wrote in to enquire what happened and they said they would investigate and gave me an ETC for $200.

However, I think I was actually entitled to Euro 600 and they did not mention this to me.
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Old Aug 4, 17, 5:49 pm
  #97  
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They will never mention EU261 to you. The delay is based on your original scheduled arrival time at your final destination.
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Old Aug 4, 17, 7:37 pm
  #98  
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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 View Post
They've deposited 3,500 miles.
That nonsense was expressly rejected in Sturgeon v. Condor. I'd right back, citing Sturgeon, and politely demand they pony up.
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Old Aug 4, 17, 8:36 pm
  #99  
 
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Originally Posted by Kacee View Post
That nonsense was expressly rejected in Sturgeon v. Condor. I'd right back, citing Sturgeon, and politely demand they pony up.
As an aside, I would really like to heartily thank Kacee and all the other knowledgeable folks on this thread. You have probably saved people here many thousands of dollars. My own parents recently had a 4+ hour delay and were offered a lame 5K mile gesture. But thanks to the tidbits from this thread they ended up with a check for $680 each.
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Old Aug 5, 17, 2:14 am
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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.
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Old Aug 5, 17, 2:36 am
  #101  
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The time limit varies from country to country. In the UK it is six years.
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Old Aug 5, 17, 10:18 am
  #102  
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Originally Posted by Aussienarelle View Post
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.
And to echo LondonElite's statement, it is 6 years in the UK due to the statute of limitation being 6 years. And it will vary for other member states of the EU as to their time limits. So, you are well within the time limit for the UK.
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Old Aug 5, 17, 4:46 pm
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Originally Posted by segiddins View Post
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.
Yes, you are right. it is the time of arrival at final destination that is considered.
There is a case which set things clear on that aspect.
It is Air France vs Folkerts case.
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Old Aug 5, 17, 5:14 pm
  #104  
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Yes, just ensure that the original event is 'exceptional'
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Old Aug 5, 17, 5:31 pm
  #105  
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Originally Posted by LondonElite View Post
Yes, just ensure that the original event is 'exceptional'
That's exactly backwards. "Extraordinary circumstances" are an excuse for not paying compensation under EU261. The term has been defined quite narrowly, though many airlines continue to try to deny comp based on excuses that have already been rejected by the European courts.
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