Best Practices for Filing EU 261 Claims Against United? {Archive}
Aug 15, 2013, 4:49 pm
#107
Join Date: Jun 2010
Location: LEJ/BTV/LEB
Programs: UA 1K, BA Gold, TK Elite, GE
Posts: 84
No worries if you accept the $400; it doesn't affect your claim.
But: United will answer you after several weeks that the EU261 isn't applicable. It doesn't matter what happened, EU261 is never applicable for them
Either you sue them or you fill a complaint here: http://www.ilent.nl/english/aviation/denied_boarding
Good luck.
But: United will answer you after several weeks that the EU261 isn't applicable. It doesn't matter what happened, EU261 is never applicable for them
Either you sue them or you fill a complaint here: http://www.ilent.nl/english/aviation/denied_boarding
Good luck.
Aug 15, 2013, 6:28 pm
#108
Join Date: Sep 2009
Posts: 125
My concern is that if I accept the $400 e-cert, then that might be considered financial compensation. For example, the NL complaint form has an item in which we are supposed to address whether we received financial compensation from the airline with a space to fill in the amount received in €:
http://www.ilent.nl/Images/ILT%2E155...334-328808.pdf
On the other hand, if I accept the miles, it seems harder to argue that that would constitute financial compensation. personally, I'd prefer the e-cert. hmm...
http://www.ilent.nl/Images/ILT%2E155...334-328808.pdf
On the other hand, if I accept the miles, it seems harder to argue that that would constitute financial compensation. personally, I'd prefer the e-cert. hmm...
Aug 15, 2013, 8:10 pm
#109
Join Date: Feb 2000
Location: Denver, CO, USA
Programs: Former 1KMM now free as UA Gold MM, former HH D, Marriott Lifetime Plat
Posts: 1,121
What I have done is file my complaint asking for EC261 compensation. They responded with $350 in e-certs (for each in my party). I said that wasn't acceptable. They offered another smaller set of e-certs. I again said thanks, but that's not acceptable. They sent me the smaller set of e-certs anyway and told me they were done corresponding with me. I then filed a complaint with the appropriate country's equivalent of the DoT.
I haven't decided yet to try to use the e-certs as they have Ts & Cs which say that accepting them absolves them of any other liability. Everything I've written says I don't accept them; I don't bother writing to tell them that when they've told me, as a 1KMM, effectively to FOAD.
P.S. Anybody know if I sue them for EC261 whether they'd terminate my MP account? While my EC261 claim is significant, the miles presently in my account are worth quite a bit more by most reasonable calculations.
I haven't decided yet to try to use the e-certs as they have Ts & Cs which say that accepting them absolves them of any other liability. Everything I've written says I don't accept them; I don't bother writing to tell them that when they've told me, as a 1KMM, effectively to FOAD.
P.S. Anybody know if I sue them for EC261 whether they'd terminate my MP account? While my EC261 claim is significant, the miles presently in my account are worth quite a bit more by most reasonable calculations.
Last edited by iluv2fly; Aug 16, 2013 at 4:37 am Reason: merge
Aug 16, 2013, 11:02 am
#110
Join Date: Jul 2010
Location: London, UK
Programs: BA Gold, UA Nobody, Hilton Gold
Posts: 2,372
Doubtful, although you never know. There are a number of steps before getting to a lawsuit though. First you need to hear back from the transport authority in the country you were departing from about your complaint. I find it hard to be believe that UA would ignore their judgement in the matter.
Aug 16, 2013, 11:41 am
#111
Join Date: Jun 2010
Location: LEJ/BTV/LEB
Programs: UA 1K, BA Gold, TK Elite, GE
Posts: 84
If UA is forced by whomsoever to pay the compensation, they'll deduct the e-cert value from the 600 EUR.
Last edited by iluv2fly; Aug 16, 2013 at 11:59 am Reason: language
Aug 16, 2013, 6:49 pm
#112
Join Date: Feb 2000
Location: Denver, CO, USA
Programs: Former 1KMM now free as UA Gold MM, former HH D, Marriott Lifetime Plat
Posts: 1,121
Last edited by bmr12; Aug 17, 2013 at 8:52 am
Aug 17, 2013, 4:56 am
#113
Join Date: Sep 2005
Location: Stockholm
Programs: UA PP, Marriott Lifetime Platinum
Posts: 179
The goodwill and the EU 261 claim are mutually exclusive in my eyes... and since the process usually takes quite a while, you can probably use up the e-cert before the decision is hnaded down.
When I filed a EU 261 claim against US Airways in 2008, between all the back and forth, it took over 9 months. But I won at the end...
Aug 21, 2013, 9:08 pm
#114
Join Date: Dec 2012
Posts: 14
Best address at United to send EU261 claim?
Hi there,
As predicted, United Customer Care gave me an excuse when I asked for EU261 compensation: "As United is a US flagship carrier and not an EU Community carrier, and the delayed flight originated in the United States and not in an EU signatory state, European Regulation EU261 is not applicable."
So now I'm going to fill out the EU261 form, which I found here:
http://ec.europa.eu/transport/themes...nt_form_en.pdf
and send it to United with a six-week deadline for response, and then send it to the relevant national enforcement body.
My question is, what is the best address at United to use? Not Customer Care, I suppose.
Thanks!
As predicted, United Customer Care gave me an excuse when I asked for EU261 compensation: "As United is a US flagship carrier and not an EU Community carrier, and the delayed flight originated in the United States and not in an EU signatory state, European Regulation EU261 is not applicable."
So now I'm going to fill out the EU261 form, which I found here:
http://ec.europa.eu/transport/themes...nt_form_en.pdf
and send it to United with a six-week deadline for response, and then send it to the relevant national enforcement body.
My question is, what is the best address at United to use? Not Customer Care, I suppose.
Thanks!
Aug 21, 2013, 9:42 pm
#115
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
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So now I'm going to fill out the EU261 form, which I found here:
http://ec.europa.eu/transport/themes...nt_form_en.pdf
and send it to United with a six-week deadline for response, and then send it to the relevant national enforcement body.
http://ec.europa.eu/transport/themes...nt_form_en.pdf
and send it to United with a six-week deadline for response, and then send it to the relevant national enforcement body.
We were booked IAD-YYR-FCO (United Express, then a United codeshare with Air Canada). The first flight was delayed so much that we would miss our connection, so went to the reservations desk in the terminal to get rebooked. First the agent booked us through London for the wrong date! After we came back and pointed out the error, she supposedly rebooked us on British Airways from LHR-FCO, and promised that our luggage would get pulled off the Toronto flight and go with us.
When we got to London, BA had no confirmed reservation for us, and we had to wait around all day trying to go standby. 2 of the 4 of us got on, but the other 2 (me and my 5-year-old daughter) were stuck in Heathrow all day. Finally United put us up for the night and we got out first thing the next morning. But the rest of my family had to wait for us in Rome overnight. Our luggage went to Toronto without us and we didn't get it for four days. (It only got moving toward us after we posted something on United's FB page.) AND when I called to reconfirm our flight home, it had all been canceled! They did rebook us on a direct flight, in Economy Plus, and acted like they were doing us a huge favor.
When we got to London, BA had no confirmed reservation for us, and we had to wait around all day trying to go standby. 2 of the 4 of us got on, but the other 2 (me and my 5-year-old daughter) were stuck in Heathrow all day. Finally United put us up for the night and we got out first thing the next morning. But the rest of my family had to wait for us in Rome overnight. Our luggage went to Toronto without us and we didn't get it for four days. (It only got moving toward us after we posted something on United's FB page.) AND when I called to reconfirm our flight home, it had all been canceled! They did rebook us on a direct flight, in Economy Plus, and acted like they were doing us a huge favor.
Aug 21, 2013, 9:58 pm
#116
Join Date: Dec 2012
Posts: 14
Best address at United to send EU261 claim?
Can you clarify which flight you're asking for the EU compensation for? I know in your original post there were at least three different carriers involved. Which "national enforcement body" could be dependent on where the flight in question originated and whether it's an EU based carrier or providing service on a route originating in the EU.
The national enforcement body would be Italy, according to the form: "If the incident took place at an airport of departure outside the EU, you may contact the national enforcement body in the Member State of flight destination."
The only line that worries me is this: "Regulation 261/2004 applies to all flights operated by any airline from any EU airport and flights to an EU airport operated by any EU airline." So if United is not considered an "EU airline," it might be off the hook.
Still, I think it's worth a try, for $3,200. It took me less than half an hour to fill out the form and write a cover letter.
If anyone has the correct address at United, please let me know.
Thanks!
Aug 21, 2013, 10:13 pm
#117
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Is it London to Rome on BA and you want UA to compensate you for it? You mentioned filing the complaint in Italy. Is it a UA flight from Italy to the U.S.?
If it's a UA flight departing from the U.S., EU compensation does not apply. You would be eligible for compensation if it was a UA flight departing the EU.
If you want to complain to a USA regulatory body, that would be DOT.
http://www.dot.gov/airconsumer/file-consumer-complaint
Travel writer Chris Elliott maintains UA contact information here:
http://elliott.org/contacts/united-airlines/
EU complaint form:
http://ec.europa.eu/transport/themes...nt_form_en.pdf
Aug 21, 2013, 10:44 pm
#118
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I'm asking United for compensation because of our delay in arrival time caused by its agent's error in rebooking us without confirming the reservation. Two of us arrived at our final destination four hours late, and the other two 24 hours late.
The national enforcement body would be Italy, according to the form: "If the incident took place at an airport of departure outside the EU, you may contact the national enforcement body in the Member State of flight destination."
The only line that worries me is this: "Regulation 261/2004 applies to all flights operated by any airline from any EU airport and flights to an EU airport operated by any EU airline." So if United is not considered an "EU airline," it might be off the hook.
The national enforcement body would be Italy, according to the form: "If the incident took place at an airport of departure outside the EU, you may contact the national enforcement body in the Member State of flight destination."
The only line that worries me is this: "Regulation 261/2004 applies to all flights operated by any airline from any EU airport and flights to an EU airport operated by any EU airline." So if United is not considered an "EU airline," it might be off the hook.
Your flight did not depart an EU airport.
EC 261/2004 does not apply.
Aug 21, 2013, 10:55 pm
#119
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Aug 21, 2013, 11:14 pm
#120
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