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Best Practices for Filing EU 261 Claims Against United?

Best Practices for Filing EU 261 Claims Against United?

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Old Jul 29, 22, 5:29 am   -   Wikipost
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This information is created according to Regulation EC 261/2004 of the European Parliament and of the Council of the European Union.

Link to Regulation: http://eur-lex.europa.eu/resource.ht...C_1&format=PDF

It applies to flights departing from an airport in the EU (and Norway) and flights operated by an EU-based air carrier departing from an airport in a third country to an airport in the EU.

If you have booked several connecting flights as one single journey – that means within the same booking – the distance is from the start to the last destination indicated on your ticket where the delay or cancellation has time-related consequences for you. If you are travelling on several separate tickets, which have been booked individually, these rules apply only up until the final destination of each ticket.

All of the following conditions must apply to the situations referred to below:
  • <Airline> must be the operating carrier of the flight.
  • You must have a confirmed reservation on a flight we operate.
  • You must be fully checked-in at the time indicated or, if no time is indicated, not later than 45 minutes before the time of departure.
  • You must be travelling on a fare available directly or indirectly to the public, or on a ticket issued under a frequent flyer program.


1. In the event of a delay as listed below...a) If the flight is delayed for two hours or more in the case or flights of 1,500 kilometers or less.

b) If the flight is delayed for three hours or more in the case of intra-EU flights of more than 1,500 kilometers.

c) If the flight is delayed for three hours or more in the case of other flights between 1,500 and 3,500 kilometers.

d) If the flight is delayed for four hours or more in the case of all flights not falling under a), b) and c).

...then operating carrier must provide the following assistance free of charge:

Meals and refreshments in a reasonable relation to the waiting time

Two telephone calls or e-mails

Hotel accommodation and transport between the airport and place of accommodation (These are offered if you must wait at least one night after the scheduled time of departure and are subject to local availability.)

Reimbursement of tickets (If the delay is at least five hours and you decide not to travel, reimbursement within seven days of the cost of your ticket for the part or parts of the journey not made. One is also reimbursed for the part or parts of your journey already made that no longer serve any purpose in relation to your original travel plan. When relevant, the airline can also provide reimbursement for a return flight to the first point of departure at the earliest opportunity.)

Compensation in case of delays of 3 hours or more (see :-: section below)

2. In the event of a cancelled flight you can choose the following: Canceling the journey and receiving reimbursement for tickets (The operating carrier must provide reimbursement within seven days of the full cost of the ticket for the part or parts of the journey not made. They must also reimburse you for the part or parts of your journey already made that no longer serve any purpose in relation to your original travel plan. When relevant, they can also provide reimbursement for a return flight to the first point of departure at the earliest opportunity.)

Re-routed, under comparable transport conditions, to your final destination (The operating carrier can offer to reroute to your final destination at the earliest opportunity or at a later date that suits you, depending on seat availability.)

Meals and refreshments in a reasonable relation to the waiting time

Two telephone calls or e-mails

Hotel accommodation and transport between the airport and place of accommodation (These are offered if you must wait at least one night after the scheduled time of departure and are subject to local availability.)

:-: Compensation in case of cancellations and delays of 3 hours or more:
  • €250* for all flights less than 1,500km
  • €400* for all intra-EU flights more than 1,500km
  • €400* for all other flights between 1,500 and 3,500km
  • €600* for all flights not falling under the conditions as listed above

:-: *The compensation described above is sometimes reduced by ½ in court if the following conditions are met:
  • If you arrive within two (2) hours after your original arrival time for flights 1,500km or less then €125.is due
  • If you arrive within three (3) hours after your original arrival time for intra-EU flights greater than 1,500km then €200 is due.
  • If you arrive within three (3) hours after your original arrival time for all other flights between 1,500km - 3,500km then €200 is due.
  • If you arrive within four (4) hours after your original arrival time for all other flights not listed above then €300 is due.


3. You are not entitled to compensation in the following situations:If the cancellation or delay of 3 hours or more is caused by extraordinary circumstances such as:
  • extraordinary meteorological conditions
  • security risks
  • strikes affecting operations
  • political instability
ONLY if the airline can prove in court that there was no way to prevent the delay - which is very hard to do for the airline.
Delays of the INCOMING aircraft for ANY reason NEVER qualify as an exemption for compensation as per EU court rulings.

If you are informed of the cancellation at least 14 days before the time of departure

If you are informed of the cancellation between 7 and 14 days before the scheduled time of departure and are offered re-routing to your final destination, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival.

If you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing to your final destination, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.


Frequently Asked Questions
If I receive & take UA's "standard" delay compensation -- a choice of miles or ETC -- does this make me ineligible for EU261 compensation?

Generally no

March 2020 COVID-19: European Commission provides guidance on EU passenger rights

Archive: Best Practices for Filing EU 261 Claims Against United? {Archive}
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Old Jul 1, 22, 2:25 pm
  #1081  
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Originally Posted by Autonerd View Post
Well, I got extra time to walk around in a city I love, so it wasn't exactly a hardship.

Forgive me, are you suggesting I request the monetary EC261 compensation separately from my hotel/meal costs? I was going to do it all in one e-mail.

And thanks for the quick reply!
Aaron
Been there done that. UA has no hotel and I get my own. Save the receipt and don't forget to add dinner/BF etc. as well! Just scan the receipts and send them to 1KVoice ... they will arrange for a check.

UK261 is best in a separate Email as others have suggested. Beyond the $1k travel voucher (or $630 cash if you want) there isn't anything you should expect to receive.
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Old Jul 1, 22, 3:38 pm
  #1082  
 
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Originally Posted by Flying Machine View Post
OP, Don’t lose faith by the commentary. No one is sure how the flight is coded, if United will even pick up or have any concern why the flight was delayed, as you stated you weren’t sure as well. “The first flight had a 50min delay (supposedly because of long lines at security in BRU)”

When you write in, in addition to the instructions I provided before, simply state the flights that you took, the time that you arrived at final destination, and you request EU 261 compensation. Don’t get in to any other details besides that

I think you’re gonna be just fine. As stated before please keep us posted
As promised, herewith an update of the situation!
Just received the following email:
As alternative options to your claim for compensation under Regulation EC 261/2004 (EU261), we would like to offer you the choice between a $1000 (USD) United Travel Certificate (redeemable and transferable toward the purchase of flights operated by United, United Express, or United codeshare partners) or 50,000 United MileagePlus® miles (redeemable on flights operated by United, United Express or by Air Canada, ANA, Austrian, Lufthansa, SAS Scandinavian, Swiss, Thai, and 20 additional Star Alliance partners worldwide).

I think I will go for the cash! Also have to send an additional request for my gf, even though we were on the same ticket.

Big thank you to everyone who answered my questions! Much appreciated!
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Old Jul 1, 22, 3:46 pm
  #1083  
 
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Originally Posted by Passportinonehand View Post
As promised, herewith an update of the situation!
Just received the following email:
As alternative options to your claim for compensation under Regulation EC 261/2004 (EU261), we would like to offer you the choice between a $1000 (USD) United Travel Certificate (redeemable and transferable toward the purchase of flights operated by United, United Express, or United codeshare partners) or 50,000 United MileagePlus® miles (redeemable on flights operated by United, United Express or by Air Canada, ANA, Austrian, Lufthansa, SAS Scandinavian, Swiss, Thai, and 20 additional Star Alliance partners worldwide).

I think I will go for the cash! Also have to send an additional request for my gf, even though we were on the same ticket.

Big thank you to everyone who answered my questions! Much appreciated!
Thank you so much for posting! Keep us posted how things work out for your girlfriend.

I’m so happy you weren’t dissuaded by all the negative narrative and you went ahead and filed. Some people may have walked away based on the commentary. I’m glad you took the advice to move forward. Kudos to you!
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Old Jul 2, 22, 6:10 pm
  #1084  
 
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Thx -- Just a quick FYI, the FAs on our replacement flight advised us to visit united.com/unitedcares. For the delayed flight, they offered a $500 voucher or 25k miles (I took the $500 travel certificate). I will file for EC261 and hotel reimbursement separately and will post the results here. Thanks all!
Aaron
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Old Jul 2, 22, 6:25 pm
  #1085  
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Originally Posted by Autonerd View Post
Thx -- Just a quick FYI, the FAs on our replacement flight advised us to visit united.com/unitedcares. For the delayed flight, they offered a $500 voucher or 25k miles (I took the $500 travel certificate). I will file for EC261 and hotel reimbursement separately and will post the results here. Thanks all!
Aaron
SOP is to file for EC261 FIRST then do any of this. Technically UA does not owe you anything anymore ... since you accepted the $500. They may still pay it out, but you got to first get EC261 then take anything in addition to that.
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Old Jul 2, 22, 6:27 pm
  #1086  
 
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Originally Posted by Autonerd View Post
Thx -- Just a quick FYI, the FAs on our replacement flight advised us to visit united.com/unitedcares. For the delayed flight, they offered a $500 voucher or 25k miles (I took the $500 travel certificate). I will file for EC261 and hotel reimbursement separately and will post the results here. Thanks all!
Aaron
Nice to hear!! Saves you a step! Remember the EU 261 first, then the hotel receipts and incidentals separately. Your on the road to recovery!
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Old Jul 3, 22, 6:55 am
  #1087  
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Wife and daughter want to claim EC261 for Fridays cancelled flight. They've received United Cares emails, can they claim through that?
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Old Jul 3, 22, 8:15 am
  #1088  
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Originally Posted by USA_flyer View Post
Wife and daughter want to claim EC261 for Fridays cancelled flight. They've received United Cares emails, can they claim through that?
First you claim EC261 by sending an Email requesting such to UA customer care. Once you have EC261 sorted out then you check if there is nice double dip w/ United cares. That is the safest way to handle this situation

Last edited by cfischer; Jul 3, 22 at 1:13 pm
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Old Jul 3, 22, 12:40 pm
  #1089  
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Originally Posted by cfischer View Post
First you claim EC261 by sending an Email requesting such to UA customer care. Once you have EC261 sorted out then you check if there us nice double dip w/ United cares. That is the safest way to handle this situation
Sorry for being rubbish but I've looked all over United.com and can't find an email address for love nor money. I keep getting directed to United Cares. Any further help on this gratefully received.

Also $200 FTV landed in wife and daughters inbox.
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Old Jul 3, 22, 12:57 pm
  #1090  
 
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Originally Posted by USA_flyer View Post
Sorry for being rubbish but I've looked all over United.com and can't find an email address for love nor money. I keep getting directed to United Cares. Any further help on this gratefully received.

Also $200 FTV landed in wife and daughters inbox.

I would use this link: https://www.united.com/en/br/customercare


Remember to write “request for EC 261 compensation” in the first line

Good luck and please keep us posted.
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Old Jul 3, 22, 7:43 pm
  #1091  
 
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Has anyone had luck in negotiating ETC comp in lieu of 600€? For instance say they will take $1500 in ETC vs $1000 offered?
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Old Jul 6, 22, 4:28 pm
  #1092  
 
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UA flight cancellation in EU

This doesn't really relate to United points program, as this is the first time I have flown United. But I was hoping someone could give me an idea of what my options are for dealing with this situation.

Our family (party of 4) booked flights EWR-VCE and ATH-EWR (Basic Economy). The flight to Europe was uneventful. The return from Athens (booked for July 3) was horrible.

The evening before our 12:15 flight from Athens (UA 125, arr. EWR 16:00), we were notified that it had been cancelled. The next morning, I found out (not by e-mail or text, but by logging into united.com) that we were booked with Turkish Airlines through Istanbul.
July 3 - TK 1850 dep. ATH @ 15:40, arr. IST @ 17:15
July 3 - TK 29 dep. IST @ 18:35, arr. EWR @ 22:20

At the same time, I noticed that UA created a new ATH-EWR flight (3027) for July 3 with the same departure and arrival times. Of course, they didn't offer this to us. The equipment was different B78x vs B789. So it appears that they needed to change equipment and couldn't accommodate as many passengers.

Based on the fact that we would arrive at our destination over 6 hours late, I believe that under EU rules, we are due 600 euros compensation per ticket. But I wish it ended up being only a 6 hour delay.

When we arrived at the airport for our TK flight, we found that the flight to IST was delayed and we would miss our connection. Since there were about 50 people on this flight hoping to connect to EWR, I had hoped they might hold the flight, but no such luck; it departed on time without us. We had to go through passport control, only to be informed that we needed to purchase Visas ($30 per person). We did this and proceeded through customs to the TK hotel desk where they assigned us hotel rooms (but we could not claim our luggage). Instructions were to wait for a pickup 4 hours prior to the next day's (July 4) flight 29. Fortunately this flight was on time.

We arrived in EWR 24 hours later than TK promised and 30 hours later than UA promised. Do we have a 600 euro claim against both airlines? Which one can refund our Visa expense? Also, I paid UA for seat assignments for both legs. Am I entitled to a refund for the homebound fees?

How do I request compensation? I believe we are due something significant for an involuntary bumping.

Last edited by EaglesWin; Jul 6, 22 at 5:24 pm
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Old Jul 6, 22, 4:37 pm
  #1093  
 
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You can definitely make a claim against United, and will likely have no real issues getting that one paid.

For Turkish, you can technically covered by both EU261 AND the equivalent Turkish government legislation which is very similar to EU261.

EU261 covers the delay to your final destination, so through your initial flight out of the EU may have only been delayed a few hours, the number that counts is the total delay (~24 hours). The Turkish government rules would cover for the same delay, although obviously you aren't going to be able to double-dip from TK over that.

Getting compensation out of TK likely won't be easy and they are known for being difficult about it - but technically you are due compensation so it should be possible to win in the end...

(Standard EU261/etc exceptions apply, and I'm presuming none of the delays were caused by "extraordinary circumstances" as defined by the EU/Turkish government)
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Old Jul 6, 22, 4:50 pm
  #1094  
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You are clearly eligible for EU 261 action against UA. Write via UA customer support with EU261 Compensation in the title. Mention your UA PNR locator, ticket numbers, the flight, date and number of passengers. Do not bring TK into the picture, what happened with TK has no impact.

I am under the impression only one EU261 delay comp can be made in this case but others may know better.

TK does owe you, at least, duty of care compensation and if you want to pursue that or EU261 delay compensation, best to post in Turkish Airlines | Miles&Smiles for that forums experts to advise you
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Last edited by WineCountryUA; Jul 6, 22 at 5:02 pm
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Old Jul 6, 22, 5:01 pm
  #1095  
 
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Originally Posted by WineCountryUA View Post
You are clearly eligible for EU 261 action against UA. Write via UA customer support with EU261 Compensation in the title. Mention your UA PNR locator, ticket numbers, the flight, date and number of passengers. Do not bring TK into the picture, what happened with TK has no impact.

I am under the impression only one EU261 delay comp can be made in this case but others may know better.

TK does owe you, at least, duty of care compensation and if you want to pursue that or EU261 delay compensation, best to post in Turkish Airlines | Miles&Smiles for that forums experts to advice you
UA also must reimburse you for any out of pocket expenses should include your Turkish visa as well as any meals or other items your purchased due to the delay (e.g. toiletries, clothes, etc).

I agree with WineCountryUA that you don't even mention anything about as claim against TK. Make it short and sweet "We were booked on UAXXX ATH-EWR on 3 July (PNR: ABC123), the flight was cancelled and we were rerouted home and eventually got home 30 hours after our original scheduled arrival. We are submitting our claim for 600EUR per person plus our out of pocket expenses which total $XXX (receipts attached)".

Note that UA will most likely offer you a $1000 ETC per person or 50,000 miles per person in lieu of you taking the cash.
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