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Best Practices for Filing EU 261 Claims Against United?

Best Practices for Filing EU 261 Claims Against United?

Old Aug 6, 17, 1:57 am
  #106  
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I meant not exceptional of course. Mea culpa.
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Old Aug 7, 17, 5:19 am
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Here is my recent experience that is now resolved. Last month I flew KWI-FRA on LH and then was connected to FRA-EWR-DEN on UA. The FRA-EWR segment arrived at EWR 4 hours and 1 minute late (per UA's website) due to mechanical issues and I had to overnight at EWR as a result. I received a customer appreciation email shortly thereafter offering either $200 ETC or 10,000 miles. I did not request either as I did not wish to jeopardize my claim.

A few days after my travel completed I emailed 1K Voice with just the facts. It took about 3.5 weeks and then I received a response indicating that I was entitled to EU 261 compensation. I was offered either the cash payment (via check) or alternatively an $800 ETC or 25,000 miles. Just out of principle, I selected the cash (USD equivalent of EU 600). Once I got the check and it cleared, I had planned on seeing if I could still also claim the customer appreciation gift. However, when I login now for that, the offer is gone.


As a side note, I do think the way UA handled the matter initially was a bit shady. They made an announcement on the plane that all passengers would receive a customer appreciation email with the offer. UA made no mention of their obligations under EU261.

Last edited by DenverA; Aug 7, 17 at 5:25 am
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Old Aug 7, 17, 8:24 am
  #108  
 
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When Does EU 261/2004 Kick In?

I was scheduled to be on a flight from IAH to AMS on Friday and the flight was cancelled due to mechanical problems. Under EU rule 261/2004, this would entitle every passenger to 600 EUROS (~$700 USD) however all United did was offer people either a $200 or $300 travel voucher and a chance to repeat the same horrible experience again.

So my question is when does this rule apply if at all to United? I was under the impression that this rule applied to all airlines flying in/out of the EU.

If the rule doesn't apply, why would I ever want to fly to Europe on a non-EU based airline again knowing I can get 600 EUROS if I'm delayed and next to nothing on a US based carrier?
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Old Aug 7, 17, 8:30 am
  #109  
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Originally Posted by MrBizFlyer View Post
So my question is when does this rule apply if at all to United? I was under the impression that this rule applied to all airlines flying in/out of the EU.
UA is not a EU carrier. So EU261 only applies to UA departures from the EU. An IAH departure does not qualify.
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Old Aug 7, 17, 8:34 am
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It doesn't apply to you because you were departing the USA on a US carrier. It applies to the Euro carriers both ways through. Also it's on a delayed arrival so I don't think a cancel automatically gets you it if you're reaccomodated and still make it on time. At least that's my simple understanding but others may have more nuts and bolts info.

There are plenty of reasons why people would pick an exempt airline/route. Price, frequency, on board product, schedule, non-stop, etc. Not to mention most people don't go into booking travel with the worst case scenario in mind.
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Old Aug 7, 17, 8:34 am
  #111  
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That's an interesting consideration - only fly EU-flagged carriers in case one is delayed and get money. This is not too different from folks booking before Xmas and Thanksgiving and planning on a VDB.
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Old Aug 7, 17, 9:34 am
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Originally Posted by DenverA View Post
As a side note, I do think the way UA handled the matter initially was a bit shady. They made an announcement on the plane that all passengers would receive a customer appreciation email with the offer. UA made no mention of their obligations under EU261.
I had a similar lengthy delayed flight and the FA on the plane only mentioned to check email or go to the customer appreciation link. However, I think it falls upon the check-in agent to inform the passengers of EU261 rights, and not the FA--since the FA is not EU-based or would expect to have sufficient knowledge of the applicability.

Article 14
1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance".
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Old Aug 7, 17, 10:15 am
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Originally Posted by hirohito888 View Post
I had a similar lengthy delayed flight and the FA on the plane only mentioned to check email or go to the customer appreciation link. However, I think it falls upon the check-in agent to inform the passengers of EU261 rights, and not the FA--since the FA is not EU-based or would expect to have sufficient knowledge of the applicability.

That's not really the point. The point is that even the Customer Appreciation site and email fail to enumerate your 261 rights. Instead, they try to buy you off with a gesture that is far short of those rights. Typically United sleaziness.
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Old Aug 7, 17, 10:19 am
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Originally Posted by DenverA View Post
..I received a customer appreciation email shortly thereafter offering either $200 ETC or 10,000 miles. I did not request either as I did not wish to jeopardize my claim.
I understood from earlier in the thread that the customer appreciation "payment" is not relevant to the EU261 claim and is completely separate....
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Old Aug 7, 17, 10:43 am
  #115  
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Originally Posted by MrBizFlyer View Post
If the rule doesn't apply, why would I ever want to fly to Europe on a non-EU based airline again knowing I can get 600 EUROS if I'm delayed and next to nothing on a US based carrier?
If your only concern is what happens during a delay, you wouldn't. I know that's pretty much the last thing I would ever consider.
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Old Aug 7, 17, 10:48 am
  #116  
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Originally Posted by mahasamatman View Post
If your only concern is what happens during a delay, you wouldn't. I know that's pretty much the last thing I would ever consider.
Not to mention that getting EU comp out of pretty much any carrier is like squeezing blood from a turnip.
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Old Aug 7, 17, 10:50 am
  #117  
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Originally Posted by DenverA View Post
As a side note, I do think the way UA handled the matter initially was a bit shady. They made an announcement on the plane that all passengers would receive a customer appreciation email with the offer. UA made no mention of their obligations under EU261.
Certainly shady, but UA is not alone in attempting to dodge EU261 obligations. Seems to be the industry standard.
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Old Aug 7, 17, 11:21 am
  #118  
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Originally Posted by Kacee View Post
Not to mention that getting EU comp out of pretty much any carrier is like squeezing blood from a turnip.
I have filed two EC 261/2004 claims so far (LH and Condor), and both were paid without any issues.

That said, I think I have had only one or two TATL flights on a non-EU carrier (UA) that would have qualified for EU compensation if it had been an EU carrier. Not a consideration in choosing a particular flight for me.

Last edited by notquiteaff; Aug 7, 17 at 11:38 am Reason: EU -> EC
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Old Aug 7, 17, 11:27 am
  #119  
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Not to be pedantic (the main point has already been made) but it's EC261/2004
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Old Aug 7, 17, 12:22 pm
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Originally Posted by porciuscato View Post
That's not really the point. The point is that even the Customer Appreciation site and email fail to enumerate your 261 rights. Instead, they try to buy you off with a gesture that is far short of those rights. Typically United sleaziness.
Agree that it is not right to substitute a customer appreciation for a EC261 compensation, but as Kacee mentioned, it seems to be industry standard for carriers to avoid the EC261 compensation, and up to a well-informed consumer to initiate and seek the appropriate compensation.
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